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Wind farm development’s additional information notice deemed non-compliant with statutory obligations
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High Court declares that An Bord Pleanála failed to comply with its statutory obligations by not directly making additional information available for inspection, not providing notice of its availability, and not inviting further submissions or observations within a specified period. This declaration arose from a challenge to the board's handling of additional information submitted by the developer of a proposed wind farm. The court found that the board improperly delegated its statutory notification responsibilities to the developer, leading to a cascade of problems, including incorrect public notices and a lack of control over the process. However, the court dismissed the application for certiorari as the applicants did not demonstrate that they were unfairly disadvantaged by the board's non-compliance, and thus, the decision was not quashed.
Wind Farm Development, An Bord Pleanála, Section 37F(2), Planning and Development Act 2000, High Court, statutory obligations, additional information, public notice, inspection, submissions, observations, non-compliance, certiorari, declaration, environmental impact, strategic infrastructure development.
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