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Tipperary windfarm faces High Court Challenge
Summary
The High Court has granted leave to Edward Buckley of Gurtnara, Upperchurch, Thurles, and Edel Grace of Grousehall Milestone, Thurles, to challenge An Bord Pleanala's decision to grant planning permission for a windfarm in County Tipperary. The applicants, represented by David Browne BL, seek to quash the Board's August 12 decision, which allowed Ecopower Developments Ltd to construct a development comprising 22 turbines, ancillary works, an access road, and buildings. The proposed site is located at Upperchurch, with turbines reaching an overall height of 126.6m. The applicants allege that the Board acted outside its powers, contrary to the 2000 Planning and Development Act, and in breach of the 1992 EU Council Habitats Directive. Specifically, they contend that permission was granted after Mr Buckley withdrew his written consent for his lands to be used for a required access road at Knocknameena. They further argue that the Board failed to conduct an environmental impact assessment and that the decision breaches EU directives on the conservation of natural habitats. Mr Justice Michael Peart granted the application on an ex parte basis, with the Department of Arts, Heritage and the Gaeltacht and Ecopower listed as notice parties. The matter was made returnable to date in late November.
Who, what, where, when and why
What: Report matter: Tipperary windfarm faces High Court Challenge. Procedural stage: hearing_or_decision
When:
- August 12th Other
- 2014-10-06 Publication
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