Courts / Wexford / Report

Challenge to planning board's refusal of Wexford solar power plant

Date
2017-03-27
Stage
Hearing Or Decision
Primary locality
Wexford
County
Wexford

Summary

A High Court challenge has been initiated by Highfield Solar Limited against An Bord Pleanala regarding the refusal to approve a solar power generating facility in the South East. The application seeks to overturn the planning authority's decision to deny permission for the Grahormick Solar Farm, a 90 hectare site near Killinick in Co Wexford. The proposed development includes a 38kv electrical substation, solar PV panels mounted on steel supports, and associated infrastructure. The company argues that An Bord Pleanala abdicated its responsibility by refusing the application on the basis that it would be premature to proceed without a national or regional strategy for solar developments. It also claims that irrelevant considerations were taken into account and that the decision is inconsistent with previous approvals for similar projects in other areas. Highfield Solar Limited seeks declarations that the board failed to provide adequate reasons for its decision and that it acted ultra vires. Permission to bring the action was granted ex-parte by Mr Justice Seamus Noonan, with the matter to be returned for hearing in May.

Who, what, where, when and why

What: Report matter: Challenge to planning board's refusal of Wexford solar power plant. Procedural stage: hearing_or_decision

When:

Why: There is no provision in the planning laws that allows the Board refuse or defer consideration of a planning application for a solar farm development because there is no national strategy in place. CNI source report

Case subjects

South East

Applicant

Places mentioned

Court Venue
  • High Court
Secondary Mention
Residence
  • Old Castle View Kilgobbin Road
  • Dublin

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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