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Wind farm development permitted despite concerns over tree felling and shadow flicker
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The High Court dismissed the applicants' challenge against the decision to grant permission for a wind farm development. The court found that the applicants failed to prove that the proposed tree felling would occur within protected woodlands, as required by the development plan. Additionally, the court held that the board provided adequate reasons for its decision, including the impact on house prices and the mitigation of shadow flicker. The court also clarified that the reference to non-existent borrow pits in the Environmental Impact Assessment Report was a minor error that did not affect the validity of the board's decision. The court's order included a recital noting the parties' agreement on the interpretation of conditions related to shadow flicker.
wind farm development, Co. Clare, judicial review, tree preservation, shadow flicker, borrow pits, Environmental Impact Assessment (EIA), Planning and Development Act 2000, residential amenity, mitigation measures, property values, High Court, certiorari, material contravention, development plan, objective 15.19(a), residential amenity, Wind Energy Development Guidelines 2006 (WEDG 2006), typographical error, onus of proof, procedural fairness.
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.
