Courts / Cork / Report

Environmental activist succeeds in getting solar farm planning permission quashed

Date
2020-01-31

Stage
Hearing Or Decision

Primary locality
Cork

County
Cork

Summary

In a judicial review, the High Court quashed An Bord Pleanala's decision to grant planning permission for a 67.8‑hectare solar farm at Fiddane, Ballyhea, Co Cork. Environmental activist Peter Sweetman, represented by James Devlin SC and Margaret Heavey BL, argued that the board failed to conduct a proper Environmental Impact Assessment, rendering its permission invalid. The court also dismissed Sweetman's claims that the board's decision violated EU directives, finding the arguments were not properly made out. Sweetman's case against the State was likewise dismissed because the case against Ireland and the Attorney General was not properly pleaded. The judge adjourned the matter, allowing the parties to consider his decision, and will later decide whether the case can be remitted back to the board for a fresh consideration.