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High Court, in judicial review proceedings, quashes planning board's decision (delivered on appeal) granting planning permission for development of wind turbines in County Cork, on the grounds that the court cannot be satisfied that an "appropriate assessment" on certain environmental issues of the proposed development was carried out by the planning board in accordance with law.
Judicial review - decision to grant planning permission for development of wind turbines - statutory framework - decision made on appeal to planning board - environmental impact assessment - legal requirements of an appropriate assessment - reasons given - judicial review in the context of planning matters - whether grant of permission permissible where earlier application refused on basis of contravention of development plan - de novo jurisdiction of board on appeal - alleged failure by board to carry out environmental impact assessment in accordance with statutory framework - inspector's report - visual and residential amenity - ecology and the natural environment - board entitled to differ in its views from those of its inspector - board's reasoning for its decision to depart from inspector's recommendations inadequate - appropriate assessment - matters to be taken into account - board entitled to assess inspector's report to consider whether an 'appropriate assessment' took place and is not required to specifically address the necessary evidence in its own final decision - adoption of inspector's report - no express acceptance of findings and conclusions of inspector - appropriate assessment not carried out in accordance with law - reliefs granted.
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