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 renders the entire project unauthorised. The appellants, responsible for the wind farm's construction, had sought to continue with the development despite these deviations, arguing that only the non-conforming elements were unauthorised. However, the court determined that the deviations were significant enough to affect the entire development, thus rejecting the appellants' proposal to proceed with the installation of certain turbines. The court also considered the appellants' concerns about potential insolvency and the public interest in renewable energy but found that these did not outweigh the importance of upholding planning laws and conducting necessary environmental assessments.
Wind farm development - Material deviations - Planning permission - Unauthorized development - Court of Appeal - Environmental impact assessment (EIA) - Appropriate assessment (AA) - Substitute consent - County Donegal - Injunction - Planning and Development Act 2000 - Strategic Infrastructure Development (SID) - Environmental Protection Agency (EPA) - Peat slide - Remediation works - Discretionary relief