The High Court has refused Joan Delaney permission to pursue a judicial review challenge against approval for a nine-turbine wind farm near Templemore, Co Tipperary.
An Coimisiún Pleanála granted permission with conditions on September 12, 2024 for the ten-year development at Borrisbeg and adjoining townlands. Delaney, who represented herself, objected particularly to the proposed access road and its proximity to her home.
Mr Justice Richard Humphreys held that her application did not demonstrate the substantial grounds required before a planning judicial review can proceed.
The court noted that the planning inspector had expressly considered Delaney's concerns about the proposed entrance, including construction noise, vibration and possible effects on her property. The inspector recommended additional precautionary measures, including temporary acoustic screening and pre- and post-construction structural surveys.
The judge said disagreement with the planning authority's assessment did not by itself amount to a legal ground for judicial review. Complaints about historic removal of hedges by a third party were also unrelated to the planning permission under challenge.
The court additionally found that Delaney's statement of grounds was unfocused and inadequately particularised. It held that her failure to progress the case for almost a year, including a period of more than five months before taking steps to have the leave application listed, was a separate discretionary basis for refusing permission.
Delaney had repeatedly sought additional time on health grounds. The court accepted that she had health difficulties but held that the evidence did not establish an inability to prosecute the proceedings and pointed to her extensive written engagement with the court process.
The application had also been filed five days outside the statutory eight-week period. The judge said, however, that his conclusion on timing was made only obiter because it was unnecessary to rely on it.
The leave application was dismissed with no order as to costs. The court set a timetable should Delaney seek permission to appeal.