Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review of a decision by An Bord Pleanala to grant permission for the development of a 'North-South' electricity interconnector between Ireland and Northern Ireland, on the grounds, inter alia, that: (a) the board did not need to obtain the consent of the affected landowners; (b) the board had been correctly designated as the competent authority to grant permission; (c) the issue of the UK's pending departure from the European Union was not a matter that had been relevant to the board's consideration; (d) there was no error on the face of the record that vitiated the board's reasoning; and (e) there was no failure to consider alternative routes or alternative technologies that might have undermined the decision.
Decision to grant planning approval for 'North-South Interconnector Project' - judicial review - all-Ireland electricity interconnector - whether An Bord Pleanala failed to comply with European law - burden of proof - whether consent of property owners required - s.182A, Planning and Development Act 2000 - Section 53 of the Electricity Supply Act 1927, as amended by the Electricity (Supply) (Amendment) Act 1945 - entitlement of Eirgrid to apply for permission for interconnector - Designation, Bias, and Validity of Decision - dual function of An Bord Pleanala - designation of An Bord Pleanala as competent authority - Habitats Directive - designation of board by the Minister for Communications - delay - issue of 'Brexit' (UK's pending departure from the European Union) - consequences of Brexit on interconnector - uncertainty - error on the face of the record - permission for development that straddled border with another state - failure to consider alternative routes - consideration of alternative technology - alleged health impacts - electric and electro-magnetic fields - effect on Whooper Swan - rights of third parties.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now