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Judgments: Key cases in brief
Credit: Judgments: Key cases in brief | The Irish Times | Oct 23, 2015 | www.irishtimes.com ~~
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Translate: FROM English | TO English
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to grant planning permission for 22 wind turbines, where: a) an affected landowner had given written consent but withdrawn it once he knew the scale of the proposed windfarm, on the grounds that a valid and informed consent had been given and that the purported withdrawal only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
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