The High Court has quashed An Bord Pleanála’s refusal of planning permission for the proposed Annagh Wind Farm in north Cork, finding that the board failed to notify the applicant of material it had taken into account through its appropriate assessment.
Humphreys J. ruled that the board’s order expressly relied on the inspector’s Stage 2 appropriate assessment. That assessment had considered a Department of Housing, Local Government and Heritage submission about the nearby Ballyroe solar farm and survey information on Whooper Swans. Under section 137(2) of the Planning and Development Act 2000, the board was required to give notice of the material it proposed to consider. It did not do so.
Annagh Wind Farm Limited had sought judicial review of the board’s June 2024 refusal of permission for six turbines and associated works at Annagh North. The board’s stated reason for refusal was that it could not rule out, beyond reasonable scientific doubt, an adverse effect on Whooper Swans associated with Kilcolman Bog Special Protection Area, alone or in combination with other projects.
The Ballyroe material was submitted in June 2023 in relation to an application concerning an extension to a nearby solar farm. It described Whooper Swan use of the Awbeg floodplain, including flight routes and links with Kilcolman Bog. The inspector considered that information in assessing potential effects and recommended that the wind farm applicant be invited to comment.
The board’s direction said it could decide the appeal on the application and appeal documents, without relying on the Ballyroe submission. But the court found that the board’s final order also relied on the Stage 2 assessment, which had incorporated that submission. The direction’s disclaimer did not displace the order’s express reliance on the assessment, the judge said.
The court held that the failure to give notice under section 137(2) invalidated the decision. It did not decide the separate arguments about fair procedures, section 131, climate policy or European law. Nor did it decide whether the board could lawfully have refused permission solely because the applicant’s own material was insufficient.
The court ordered certiorari quashing the refusal and remitted the matter to the board. It did not grant planning permission or determine whether the wind farm should ultimately be approved. The case was listed for 20 January 2025 for the final order, with the parties to seek agreement on its form and costs.