High Court refuses judicial review of a decision by An Bord Pleanala to grant retention permission for the relocation of a wind turbine, dismissing challenges on environmental assessment grounds. The original permission for the turbine, intended to serve a factory, was extended, but the turbine was constructed slightly out of position. A retention application was made and granted, despite objections regarding potential environmental impacts, including on nearby 'European sites'. The board had adequately considered the nature, size, and location of the development, as well as cumulative effects with existing and proposed development, and that there was no real likelihood of significant environmental effects. The decision to grant retention permission was not precluded by the preliminary examination for environmental impact assessment (EIA) or appropriate assessment (AA), and the board's conclusions were supported by the materials before it.
Retention permission, wind turbine, environmental impact assessment (EIA), appropriate assessment (AA), European sites, Special Area of Conservation (SAC), Special Protection Area (SPA), cumulative effects, project splitting, public participation, Habitats Directive, Planning and Development Act 2000, High Court, judicial review.