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 of An Bord Pleanala to grant planning permission for wind turbines - on appeal from a local authority - on the grounds that: (a) the Board was not obliged to consider every submission and scientific paper put before it, provided that it considered any that were of substance and bore on the direct or indirect of the proposed development; (b) the Board had not acted irrationally, and the court was not entitled to enquire into the merits of the decision; (c) the Board was entitled to adopt different wording from the inspector's report, provided that the effect was to make certain conditions binding on the developer; and (d) the Board had been entitled to conclude that mitigation measures included in the condition would be sufficient to protect a special area of conservation.
Judicial review - planning and development - grant of planning permission for wind turbines by An Bord Pleanála (ABP), on appeal from planning authority - grounds of challenge - noise from turbines - whether ABP had complied with Directive 2011/92/EU in respect to wind turbine noise impact on human health - "amplitude modification - departure of ABP from wording recommended by inspector - whether Environmental Impact Assessment (EIA) had made adequate reference to the submissions of various parties - whether ABP was required to consider every submission and scientific paper put before it for the purposes of an EIA - whether ABP had adequately considered submissions and scientific evidence concerning amplitude modification - whether failure to adopt inspector's wording invalidated decision - whether inspector entitled to conclude that there would be no adverse effect on a special area of conservation.
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 subject matter index for all Irish judgments over the past thirteen years. Click here to request a subscription.
Register Now