Order granted restraining use of unauthorised wind turbines

Environmental law – planning law – whether wind turbines amount to an unauthorised development as their location varies from and their dimensions exceed that permitted by a planning permission granted by An Bord Pleanála – s. 160 of the Planning and Development Act, 2000 – whether the alterations to the permitted wind farm constitute material alterations – s. 177C of the 2000 Act (as inserted by s. 57 of the Planning and Development Act 2010) – whether the turbines meet the specifications provided for in the original planning permission – Windfarm Development Guidelines(2006) published by the Department of Environment, Heritage and Local Government – whether Mr. Bailey has the appropriate interest in maintaining these proceedings – s. 27 of the Local Government (Planning and Development) Act 1976 – as a neighbour who lives nearby and whose amenities are affected by the operation of the wind farm, Mr. Bailey has a sufficient interest in these proceedings – whether the development is unauthorised – deviations from the locations specified in the planning permission – three turbines which were constructed represent unauthorised development – whether an order under s. 160 should be refused on discretionary grounds – demonstrable evidence of interference by the turbines with the enjoyment by Mr. Bailey, his family and other local residents of their property – assurances given by the local authority and whether the defendant acted in good faith – economic and financial consequences of the making of any s. 160 order – order restraining the operation and use of the T1, T3 and T4 turbines granted with liberty to the defendant to apply to vacate the order if consent is granted by the Board for the turbines as constructed – appeal allowed.