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The General Scheme of the Planning and Development No.1 and No.2 Bills of 2014 have been agreed by government and published.

The General Scheme of the Planning No.1 Bill deals with review of Part V of the Planning and Development Act 2000, vacant site levy, reduced development contributions for planning permissions yet to be activated and modification of duration of planning permissions in certain circumstances.

The main provision in the General Scheme of the Planning No.2 Bill relates to the establishment of the Office of the Planning Regulator whose primary functions will include the assessment and evaluation of local area plans, local development plans and regional spatial and economic strategies, the provision of education and research on planning related matters, as well as investigative powers to review the organisation, systems & procedures applied by planning authorities and An Bord Pleanála in the performance of their planning functions. The General Scheme will also Read the rest of this entry »

In a recent court judgment at the end of 2014, O’Griana v An Bord Pleanala, Cork Co Council and Framore Limited, Justice Peart ruled that planning permission should not be granted for an windfarm project requiring a grid connection unless the grid connection details are provided in the Environmental Impact Assessment (EIA) process.

The case related to a 6 turbine wind farm in at Réidh na nDoirí, Ballingeary, Co. Cork and is one of many wind farm permissions which are currently being challenged in the courts.

To date planning authorities have accepted developers’ claims that details from ESB Networks are often not available at the time of planning and this element can be dealt with via a separate application subsequent to the application for the wind farm itself.

Essentially Justice Peart quashed the decision of An Board Pleanala to grant permission on the basis of ‘project splitting’, which is a recognised term for dividing up the true extent of a development. The grid connection for the proposed wind farm was considered to be an integral part of the project and the wind farm could not be dealt with as a stand-alone project in respect of EIA.

This decision could yet be appealed.