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Submissions in planning decisions should be considered by inspectors and addressed in their reports
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Supreme Court allows appeal from High Court, and grants order quashing decision by An Bord Pleanála (on appeal from a planning authority) granting planning permission for eleven wind turbines, on the grounds that: (a) the challengers to the permission had adduced sufficient evidence to infer that the Board's inspector had not considered submissions made on their behalf concerning the noise guidelines applicable to the development; (b) that the Board had failed to adduce evidence to rebut the inference; (c) it was a basic requirement of public decision making that such submissions be addressed and an explanation given if they were not accepted.
O'Donnell J (nem diss): Claim by owners of family horticulture nursery - application by notice party to erect wind turbines - permission by planning authority for six turbines - permission by An Bord Pleanala (ABP) for 11 turbines - judicial review - dismissal of judicial review - refusal of leave to appeal - leave granted by Supreme Court to appeal on one issue only - application of planning guidelines - s. 28 of the Planning and Development Act 2000 (as amended) - obligation on planning authorities and ABP to 'have regard' to guidelines - Wind Energy Development Guidelines 2006 - noise impact - inspector's report - whether ABP biased in favour of wind farm developments - whether 2006 guidelines out of date - whether ABP's inspector considered applicable guidelines - whether inspector considered submissions.
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