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Permission for wind farm was void insofar as it affected land of applicant
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High Court refuses to quash decision of An Bord Pleanala to grant permission for wind farm development, but grants declaration that any part of said permission affecting the land of the applicant was void.
Judicial review - planning and development - planning permission for wind farm - permission for wind farm on applicant's land without her consent - s. 34 of the Planning and Development Act 2000 - article 22(2)(g) of the Planning Development Regulations 2001 - failure to consider submissions of applicant - audi alteram partem - acceptance of erroneous statement that applicant had entered agreement to allow her lands to be used in wind farm - Council Directive 85/337/E.E.C. of 27 June 1985 - environmental impact statement - conservation of natural habitats - whether development site partly in Gaeltacht area - requirement of signature to authenticate consent in writing - whether solicitors were instructed to act as agents for applicant - whether omission of three turbines eliminated need for applicant's land - "enforcing the enforceable as far as it is possible" - impact of turbines on birds - use of word "shall" - discretion of An Bord Pleanala - Article 94, Schedule 6 of the Planning and Development Regulations 2001.
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