Court archive
Court reports mentioning Portarlington, Offaly
2024-07-04 · Offaly
The Supreme Court dismissed an appeal by the Concerned Residents of Treascon and Clondoolusk, who opposed An Bord Pleanala's October 2021 decision to grant planning permission for a solar energy facility operated by Elgin Energy Services Limited on a 90‑hectare site in Portarlington, Co. Offaly. The residents argued that the board's decision was invalid because it contravened EU directives on habitats and Environmental Impact Assessments (EIAs). The Court found the substantive issues raised were misconceived or premature, noting that the removal of hedgerows did not trigger a full EIA for the entire project. Justice Brian Murray, joined by Justices Donal O'Donnell, Seamus Woulfe, Maurice Collins and Aileen Donnelly, upheld the board's decision. The High Court had previously rejected the residents' claims, and the Supreme Court's dismissal confirmed that the appeal was not supported by the necessary legal grounds. The case remains a judicial review against An Bord Pleanala and the Attorney General.
2021-12-06 · Offaly
In a High Court judicial review, a residents group from Treascon and Clondooluck, Portarlington, challenged An Bord Pleanala's October 4 decision to grant planning permission to Elgin Energy Services Limited for a solar power station on 90 hectares. The group, represented by Oisin Collins SC and Margaret Heavey BL, argued the decision was invalid because it contravened EU directives on habitats and Environmental Impact Assessments, and that the board failed to conduct a proper Appropriate Assessment. They cited potential impacts on species such as the Whooper Swan and the Fresh Water Pearl Mussel, and on nearby special conservation areas. The group also claimed the board ignored flood risk assessments in the Co Offaly Development Plan. Elgin Energy Services Ltd is a notice party. The judge directed the group to apply for permission to bring the challenge on notice, and the case will return in January.
2017-02-06 · Cavan
A judicial review challenge to An Bord Pleanála's approval of a North-South electricity interconnector has been brought before the High Court. The applicant, David Malone, seeks to have the board's December 2016 decision quashed. The proposed interconnector is to extend from Batterstown in Meath to Turleenan in County Tyrone, comprising almost 300 pylons across Meath, Cavan and Monaghan. Mr Malone contends the decision is unlawful and breaches national and EU law, citing failures to implement Environmental Impact Assessment directives and Planning and Development Act provisions, along with non-compliance with EU Public Participation Directives. EirGrid, the infrastructure operator, is a notice party. Mr Justice Seamus Noonan heard the application on Monday and adjourned the matter for one week to permit technical amendments to the statement of grounds. The interconnector proposal faced objections from approximately 200 landowners citing health and environmental concerns.