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Judgments: Key cases in brief  

Credit:  Judgments: Key cases in brief | The Irish Times | Oct 23, 2015 | www.irishtimes.com ~~

Planning permission for wind farm was valid despite withdrawal of consent from affected landowner Buckley v. An Bord Pleanála [2015] IEHC 572 (High Court, Cregan J, July 29th, 2015) High Court refuses judicial review of decision of An Bord Pleanála to grant planning permission for 22 wind turbines, where: a) an affected landowner had given written consent but withdrawn it once he knew the scale of the proposed windfarm, on the grounds that a valid and informed consent had been given and that the purported withdrawal only affected where the developer should place the access roads; and b) the fact that the Board had “noted” rather than “adopted” an Environmental Impact Assessment was sufficient in the circumstances of the case.

– Mark Tottenham

Court refuses to allow appeal of decision to uphold grant of planning permission to erect wind turbines Buckley v. An Bord Pleanála [2015] IEHC 590 (High Court, Cregan J, September 16th, 2015) High Court refuses certificate of leave to appeal to the Supreme Court in respect of the prior decision to refuse to quash the decision of An Bord Pleanála to grant planning permission for the building of wind turbines, in circumstances where: a) the applicants’ intended arguments on appeal represent a restatement of arguments already raised at trial; and b) there were no points of law of exceptional public importance which would necessitate the granting of a certificate pursuant to the applicable planning and development legislation.

– Ian Fitzharris BL

Source:  Judgments: Key cases in brief | The Irish Times | Oct 23, 2015 | www.irishtimes.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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