Courts / Tipperary / Report

High Court declines to refer Tipperary windfarm action to EU Courts

Summary

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.

Who, what, where, when and why

What: Report matter: High Court declines to refer Tipperary windfarm action to EU Courts. Procedural stage: appeal

When:

• 2015-12-04 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report