Court archive
Court reports mentioning Silvermines, Tipperary
2016-03-03 · Tipperary
The Supreme Court will hear an appeal against the High Court's dismissal of a challenge to An Bord Pleanala's decision to grant planning permission for a windfarm on Keeper Hill in the Silvermines Mountains, Co. Tipperary. The appeal was brought by Edel Grace of Grouse Hall Milestone, Thurles, and environmental consultant Peter Sweetman of Bunahowen, Cashel. They argue the case raises issues of public importance and that the planning decision breaches EU Habitats and Environment Impact Assessment Directives, potentially destroying nearly 400 acres of hen‑harrier habitat and the protected view of Keeper Hill. The windfarm proposal includes 16 turbines, access tracks, a transformer station, control buildings and a substation, and has been granted a ten‑year permission to ESB Wind Development and Coillte.
2015-12-04 · Tipperary
The High Court has dismissed an application by Edel Grace, Grouse Hall Milestone, and Peter Sweetman to refer a planning dispute to the Courts of Justice of the European Union. The applicants, who challenged An Bord Pleanála's decision to grant planning permission for a 16-turbine windfarm at Keeper Hill in County Tipperary, also sought leave to appeal to the Court of Appeal. They alleged the permission breached the EU Habitats Directive and the Environment Impact Assessment Directive, claiming the development would destroy hen harrier habitat and detract from protected views. Mr Justice Raymond Fullam had previously rejected these claims in an October judgment, dismissing the action against the Board. In his ruling on the appeal application, Mr Justice Fullam refused leave to appeal, stating that no issue of exceptional public interest requiring clarification by the Court of Appeal was raised. He further ruled that the court lacked jurisdiction to refer questions of law to the EU courts after judgment had been delivered, noting Supreme Court precedent that such referrals must occur before judgment. The applicants had sought to quash the ten-year permission granted to ESB Wind Development and Coillte. The Department of Arts, Heritage and the Gaeltacht and ESB Wind Development Ltd were notice parties. The High Court determined that under the 2000 Planning and Development Act, its decision is final unless exceptional public interest issues are present, which it found were not.