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Judicial Review of Decision to Grant Permission for Two Wind Farm Developments in Roscommon
Eamon (Ted) Kelly, chairman of the Wind Turbine Action Group South Roscommon is seeking a Judicial Review of an An Bord Pleanala decision to grant planning permission for two wind farm developments in County Roscommon. The Judicial Review is being sought on the basis that An Bord Pleanála failed to specify why it approved permission for the wind farm close to special areas of protection and conservation in Co Roscommon, when two of its own inspectors recommended permission be refused.
Leave for a Judicial Review has to be granted by the High Court in the first instance and this was obtained by the action group in November 2013. A Judicial Review of a decision by a planning authority focuses on the procedures involved in arriving at the determination rather than the decision itself. As such it is generally accepted that there is a very high bar to win any such review. However, Judicial Reviews are also very expensive and therefore they tend only to be taken when there are very strong grounds for argument.
Published on May 8, 2014 By:David Mulcahy · Filed under: Court Cases, Green Energy; Tagged as: judicial review, wind farm
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