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  • Judicial Review of An Bord Pleanala Wind Farm Decisions Mount Up

    Recently, there have been a number of judicial reviews sought to quash decisions by An Bord Pleanala to grant permission for wind farms, including cases where the Board’s inspector recommended a refusal of permission.

    Roscommon
    The High Court quashed an An Bord Pleanala decision to grant permission for a large wind farm development in Roscommon following a judicial review taken by local residents. The High Court ruled that An Bord Pleanala’s appropriate assessment did not meet the requirements of the Habitats Directive.

    Clare
    The High Court recently granted leave for residents in west Clare to seek a judicial review of the An Bord Pleanala decision to grant permission for four 85-metre high wind turbines in the Milltown Malbay area of Co Clare. Leave has been granted on multiple grounds including failure to carry out a proper Environmental Impact Assessment (EIA) and Appropriate Assessment (AA).

    Cork
    A couple in Cork have been granted leave from the High Court to seek a judicial review to quash An Bord Pleanála’s decision to grant permission to Cleanrath Windfarm Ltd to construct 11 turbines up to a height of 126m.

    Laois
    Laois wind awareness group, People Over Wind, have been granted leave to appeal an An Bord Pleanála ruling in the High Court, over the approval of an 18 turbine windfarm proposed on Coillte owned land in Cullenagh.

    These judicial reviews, although very expensive to take, should hopefully provide a degree of clarity concerning some of the primary issues concerning windfarm development as many would argue that the national planning guidelines are quite vague and open to a wide range of interpretation.

    Published on September 23, 2014 By:David Mulcahy · Filed under: Green Energy; Tagged as: ,
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