Courts / Laois / Report

Legal challenge to Midlands wind farm dismissed

Date
2015-05-01
Stage
Hearing Or Decision
Primary locality
Ballyroan
County
Laois

Summary

The Commercial Court has dismissed a legal challenge brought by People Over Wind and Environmental Action Alliance Ireland against An Bord Pleanala's decision to grant planning permission for a wind farm in the Midlands. The applicants sought to quash the Board's June 13th decision allowing Coillte Teoranta to construct 18 wind turbines near Cullenagh, Co Laois. They alleged the Board failed to conduct a proper environmental impact assessment, did not provide adequate reasons for its decision, and ignored Laois County Council's refusal and the Board's inspector's recommendation to refuse permission. An Bord Pleanala rejected these claims, arguing its decision should remain undisturbed. Coillte Teoranta, the Department of Arts, Heritage and the Gaeltacht, and Laois County Council were notice parties. In a detailed judgment, Mr Justice Robert Haughton dismissed all grounds of the claim. He found that the Board carried out a proper appropriate assessment that engaged with all observations and included sufficient findings and analysis. The judge also rejected submissions that the Board failed to assess the development using the best scientific knowledge available or materially contravened the Co Laois development plan. Following his decision, the judge adjourned the matter to a date later this month to allow the parties to digest his decision.

Who, what, where, when and why

What: Report matter: Legal challenge to Midlands wind farm dismissed. Procedural stage: hearing_or_decision

When:

Case subjects

Bord Pleanala

Applicant

Outcome: Following his decision, the judge adjourned the matter to date later this month to allow the parties digest his decision.

Coillte Teoranta

Applicant

Outcome: Following his decision, the judge adjourned the matter to date later this month to allow the parties digest his decision.

Environmental Action Alliance Ireland

Applicant

Outcome: Following his decision, the judge adjourned the matter to date later this month to allow the parties digest his decision.

Places mentioned

Court Venue
  • High Court
Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

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