Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Planning application for development of photovoltaic solar farm did not require environmental impact assesment
|
or click here to request site subscription to search and view all judgments |
High Court, in planning and development judicial review proceedings, refuses to quash planning board's decision to grant planning permission for development of a solar farm with associated works following its adoption of its own inspector's view that such class of development did not require an environmental impact assessment, on the grounds that: (1) the wording of the annexes to the environmental impact assessment Directives covering the classes of development subject to such assessments is to be read cumulatively and not disjunctively, and therefore on a plain reading of the directives and underlying planning regulations the development was not one which required an environmental impact assessment to be carried out; (2) there was therefore no failure on the part of the State to properly transpose the Directives; and (3) a preliminary reference to the CJEU is unnecessary in the circumstances.
Judicial review - planning and development - decision to grant planning permission for development of photovoltaic solar farm - board's inspector's view that proposed development did not require an environmental impact assessment - whether planning and development regulations and environmental impact directive required the carrying out of an environmental impact assessment - recitals of environmental impact assessment directive - annex II - industrial installations for production of electricity steam and hot water - cumulative interpretation of wording - drafting history of Annex II - solar farms do not fall within classes of projects listed in Annex II of 2014 directive - disjunctive interpretation of annex risks distortion of proper meaning - whether development falls within 'energy industry' class of developments as described in Annex II of 2014 directive - no failure to transpose State's obligations under directive - article 267 TFEU reference unnecessary
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.
