Court of Appeal upholds the High Court's decision to prohibit further development at a wind farm, affirming that the presence of material deviations from the granted planning permission rendered the entire project unauthorised. The appellants, responsible for the wind farm's construction, had sought to continue with the erection of turbines, arguing that only parts of the development were non-compliant. However, the court found that the deviations were significant and integral to the project, thus impacting the development as a whole. The appellants' request to proceed with the installation of certain turbines was denied, emphasising the importance of adhering to environmental assessments and the integrity of the planning system.
Wind farm, County Donegal, material deviations, planning permission, unauthorized development, Court of Appeal, High Court, environmental impact assessment (EIA), appropriate assessment (AA), substitute consent, planning authority, injunction, environmental law, planning code, strategic infrastructure development (SID), environmental assessment, habitat directive, EU law.