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 |
Supreme Court: (a) grants a stay on an order of certiorari imposed in the High Court quashing a decision of An Bord Pleanála to grant planning permission for a windfarm, where the Board had incorrectly considered submissions relating to noise irrelevant, on the grounds that even a temporary invalidity of the planning permission would affect the developer's eligibility for a support scheme for renewable energy, and despite the fact that the developer had continued works on site following the order of certiorari, and the lack of evidence justifying the developer's contentions; but (b) makes the stay conditional on an undertaking by the developer not to operate the windfarm pending a decision by An Bord Pleanála on an application for 'substitute consent'.
O'Donnell J (nem diss): Judicial review - planning and development - grant of planning permission for windfarm - 11 turbines - noise - Wind Energy Development Guidelines - s.28 of the Planning and Development Act 2000 - whether guidelines out of date - permitted noise from windfarms - whether submission irrelevant - error of An Bord Pleanala in considering submissions irrelevant - whether to remit matter to the Board - application made by developer for 'substitute consent' - Part XA of the PDA2000 (as inserted by the Planning and Development (Amendment) Act 2010 - application for stay on order of certiorari quashing decision of Board, pending determination by Board of application to apply for substitute consent - alleged catastrophic consequences if no stay on order of certiorari - evidence to be put before Supreme Court - history of planning applications for windfarm on site - whether Supreme Court had jurisdiction to place a stay on the order - whether appropriate to make such an order - difficulty arising if stay placed on an order of certiorari - availability of 'REFIT 2' scheme - work continuing on site after delivery of court's judgment - lack of evidence to justify works.
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