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Wind farm development affirmed despite lack of specific conservation objectives
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The High Court refused to quash permission for the development of a wind farm, despite the absence of specific conservation objectives and measures for the Special Protection Area (SPA) in which it was situated. The court determined that the lack of such objectives and measures did not materially affect the outcome of the decision, as the evidence demonstrated no reasonable possibility of significant effects on the SPA. While the court acknowledged an error in the application process, it deemed the error harmless and not warranting the quashing of the decision. However, the court did grant a declaration against the State respondents for failing to establish necessary conservation objectives and measures for the SPA, as required by EU law.
wind farm development, planning permission, Special Protection Area (SPA), conservation objectives, conservation measures, appropriate assessment (AA), environmental impact assessment (EIA), cumulative impacts, project splitting, judicial review, certiorari, harmless error, proportionality principle, European Union law, Blackwater Callows SPA, Whooper Swan, habitat directive, birds directive, screening process.
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