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Category Archives: High Court; Judicial Review; Appeal on the merits; judicial discretion
It’s official – wind farms are a damned Nuisance
The tort of Nuisance – basic principles The law of (private) nuisance has been around for a long time but it has always been a poor neighbour to the more commonly litigated torts of negligence and trespass. In … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, BSB Community Energy Ltd, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EirGrid; Insurance; Law; Cancer; EMF, Enercon, EU Renewable Energy 2020 Target, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, Legal Costs; Access to Justice; Courts, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, The Spokes of the Wheel; wind farms; Ireland; Windfall, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting
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Tagged dizziness, Enercon; Shivnen; Carraigcannon Wind Farm; Cork; damages; High Court; Nuisance; tort law; damages; IWEA, green energy, Ireland, renewable energy, sleep deprivation, suicide, wind, wind energy, Wind farm, wind farms, Wind power
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14 Comments
Clueless!
Irish rural communities have been opposing wind farms, and pylons before that, for the better part of a decade. This has involved community groups gathering funds through church collections, cake sales, and the like. There are numerous tales of hardship … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Arsin Demir, Çalık Holding; Turkey; EU; renewables, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, Uncategorized, University Hospital Waterford, Val Martin, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans
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Tagged Canada, DA, dizziness, EirGrid, Fianna Fáil, Fine Gael, green, green energy, Ireland, renewable energy, renewables, suicide, tort, White Paper, wind energy, Wind farm, wind farms, Wind power, windfarms
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9 Comments
When the Boot is on the other Foot
Section 50 of the Planning and Development Act of 2000 (PDA 2000) is possibly one of the most unpopular sections when it comes to community organisations who battle big business, particularly wind farm developers. This is due to … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector
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Tagged biomass, Canada, DA, depression, Fianna Fáil, Fine Gael, green, green energy, Ireland, renewable energy, renewables, sleep deprivation, suicide, vehicle, White Paper, wind, Wind power
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3 Comments
How the Council Spends Our Money — Citizens Against Corruption
Congratulations to the Four Angry Ladies on starting this site, and asking questions that most are too scared to ask. I would ask two more: The link between the Comeragh Community Development Group and BSB Energy has already been established. … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, Apple; Google; Data Centre, Arsin Demir, Çalık Holding; Turkey; EU; renewables, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, Uncategorized, University Hospital Waterford, Val Martin, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting
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Tagged accident, ANC, bald eagles, biomass, Canada, DA, depression, dizziness, eagle's nest, Ei, Fianna Fáil, Fine Gael, green, green energy, Ireland, renewable energy, renewables, sleep deprivation, suicide, tort, vehicle, White Paper, wind, wind energy, Wind farm, wind farm noise, wind farms, Wind power, wind turbines, windfarms, Zuma
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1 Comment
Facts and Figures
My blog yesterday aroused a huge amount of interest. People expressed shock and surprise at the news that a company cannot be forced to declare a dividend. It is not always fun being the bearer of bad news but … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Section 35; ESB Act 1927; wayleave notice, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting
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Tagged depression, Ireland, renewable energy, renewables, suicide, wind
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11 Comments
The Public Meeting in Rainbow Hall
The turnout at last night’s meeting in Rainbow Hall was huge – well over five hundred people (and we have signed lists to prove that, RTE News). The meeting ended with a very resounding, and unanimous, rejection of the proposed … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, University Hospital Waterford, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans
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4 Comments
Enough Already!!!
A certain individual has been going around my community spreading particularly malicious rumours about me. For a while it was a pathetic joke, but it has to stop now. One of the malicious lies being spread by this … Continue reading →
Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Apple; Google; Data Centre, Arsin Demir, Çalık Holding; Turkey; EU; renewables, Brexit, BSB Community Energy Ltd, Cloud; iCloud; Data Centre; Data Center, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Irish Farmers Association; IFA; wind farm contracts, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Justine McCarthy; The Sunday Times; EMF, Kilvinane Wind Farm Ltd; substituted consent, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, lobbying; democracy; political process; general election, Ministerial Responsibility; Liability; Negligence; cardiovascular, Ms Justice Costello; Section 37A Planning and Development Act 2000;, North-South Interconnector; An Bord Pleanala, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Press Freedom, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, Refugees; Apartheid; Kulaks; Stalin;, Section 35; ESB Act 1927; wayleave notice, South Africa, wind turbines, developing nations,, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Turkey; ABK Çeşme RES Enerji Elektrik Üretim A.Ş, University Hospital Waterford, Val Martin, Wind Farm Contract, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans
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Tagged accident, Alex White, ANC, bald eagles, biomass, Canada, DA, depression, dizziness, eagle's nest, Ei, EirGrid, Electrical grid, Fianna Fáil, Fine Gael, golden eagles, green, green energy, infrasound, Ireland, Keith Stelling, McGuiness, renewable energy, renewables, Road Traffic Act, Simon Chapman, sleep deprivation, suicide, tort, vehicle, White Paper, wind, wind energy, Wind farm, wind farm noise, wind farms, Wind power, wind turbines, windfarms, Zuma
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8 Comments
Well done, Val!!
Congratulations to Val Martin, who took on An Bord Pleanala in the High Court and won. This amazing achievement is testimony to the fact that it is possible for a person, with no formal legal training, but with bucketloads of … Continue reading →
Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Law; High Court; Leave To Appeal; Environment, Legal Costs; Access to Justice; Courts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector, Val Martin
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Tagged green, renewable energy, renewables, wind, wind energy, wind farms, Wind power
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11 Comments
Distinguishing procedure from the merits
It is often a challenge when advising people who are distressed about a wind farm going up next to them or that EirGrid is building pylons on their farm because all they see are the issues or the … Continue reading →
Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, High Court; Judicial Review; Appeal on the merits; judicial discretion, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County
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5 Comments
Don’t Stand on the Sidelines – Get In There!
A friend asked me the other day that if a person wanted to take the granting of planning permission on review, did you have to be somehow involved in the original application? As is the case with most questions … Continue reading →
Posted in An Bord Pleanala; appeal; interested parties, EirGrid; Insurance; Law; Cancer; EMF, High Court; Judicial Review; Appeal on the merits; judicial discretion, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29
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Tagged Adverse Health Effects of wind turbines, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County , Coolnabacky; Laois; Kilkenny; An Bord Pleanala; Andrew Boyle; EirGrid; substation; 110kV; 400kV; Rabbitte; EirGrid; pylons; EMF; judicial review; High Court; appeal; justice; Fianna Fail; Fine Gael; L, EirGrid; wind turbine; illegal; Fine Gael; Fianna Fail; Green Party; NREAP; Labour Party; Rabbitte; EU Directive; Oireachtas; ESB; wind turbine; biomass; BW Energy; Rethink Pylons; Irish Law Times, wind turbines
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1 Comment
It’s official – nothing is happening at the High Court!
Readers were enraged at the contents of a previous blog on the inexplicable lack of activity on the part of the High Court in the case of Swords v Minister for Communications, Energy and Natural Resources. Conspiracy theories came thick … Continue reading →
Posted in EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, High Court; Judicial Review; Appeal on the merits; judicial discretion, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabb, Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, EirGrid; budget; tax; stealth tax; PSO Levy; electricity price; charges; financial statement; Fine Gael; Fianna Fail; Labour Party; People Before Profit; Direct Democracy; ESB; Rabbitte; Phil Hogan; S, Pat Swords; High Court; Four Courts; Pat Rabbitte; NREAP; EirGrid; EU; wind energy; wind turbines; pylons; Labour; Fianna Fail; Sinn Fein; Green Party; Eamon Ryan
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5 Comments
What is happening at the High Court?
What is happening at the High Court? Not a lot, it would seem. In 2009 Pat Swords started his campaign against government plans to cover the Irish countryside with more than three thousand wind turbines and six thousand … Continue reading →
Posted in EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, High Court; Judicial Review; Appeal on the merits; judicial discretion, Law; High Court; Leave To Appeal; Environment, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Pat Swords, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County , bias; An Bord Pleanala; Paudie Coffey; Fine Gael; Fianna Fail; wind farms; planning permission; Supreme Court; High Court; EirGrid, EirGrid; budget; tax; stealth tax; PSO Levy; electricity price; charges; financial statement; Fine Gael; Fianna Fail; Labour Party; People Before Profit; Direct Democracy; ESB; Rabbitte; Phil Hogan; S
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8 Comments
Substituted Consent? Surely not!
Section 34 of the Planning and Development Act of 2000 (“PDA2000”) deals with the actual decision on an application for planning permission, including all the necessary formalities and time-limits and so on. . Subsection (12) of Section 34 deals … Continue reading →
Posted in An Bord Pleanala; appeal; interested parties, EIA Directive 2014/52/EU, High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Kilvinane Wind Farm Ltd; substituted consent, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act
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Tagged Pat Swords; High Court; Four Courts; Pat Rabbitte; NREAP; EirGrid; EU; wind energy; wind turbines; pylons; Labour; Fianna Fail; Sinn Fein; Green Party; Eamon Ryan, renewables, Wind power, wind turbines
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6 Comments
Open letter to IWEA (and Messrs White and Coffey)
The practice of lobbying government Ministers and other influential members of a ruling party is regarded by many as an integral part of our process of democracy. . Those in favour would argue that politicians should look to be educated … Continue reading →
Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, High Court; Judicial Review; Appeal on the merits; judicial discretion, Law; High Court; Leave To Appeal; Environment, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Peremptory law; Directory Law; Planning and Devlopment Act of 2000, Planning Permission; Extension; Planning and Development Act, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, Al;ex White TD; Green Paper on Energy Policy in Ireland; New Ross, Alan Kelly; Labour Party; wind turbines; setback distance, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County , BW Energy; ReThink Pylons; Green Paper on Energy; wind turbines; GridLink; EirGrid; biomass; Solar PV; renewable energy, Coolnabacky; Laois; Kilkenny; An Bord Pleanala; Andrew Boyle; EirGrid; substation; 110kV; 400kV; Rabbitte; EirGrid; pylons; EMF; judicial review; High Court; appeal; justice; Fianna Fail; Fine Gael; L, EirGrid; budget; tax; stealth tax; PSO Levy; electricity price; charges; financial statement; Fine Gael; Fianna Fail; Labour Party; People Before Profit; Direct Democracy; ESB; Rabbitte; Phil Hogan; S
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10 Comments
An Opportunity Missed – Callaghan vs. An Bord Pleanála and the Attorney-General
Judgment was delivered by the High Court (Costello J.) on 11 June 2015 in the application for leave to judicially review the decision of An Bord Pleanála to designate the North Meath Wind Farm a Strategic Infrastructure Development (SID). . … Continue reading →
Posted in High Court; Judicial Review; Appeal on the merits; judicial discretion, Ms Justice Costello; Section 37A Planning and Development Act 2000;
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabb, Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid; GridLink; John Lowry; Fine Gael; Fianna Fail; Labour Party; Green P, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County , autism; special needs; aspergers; home education; Department of Education; autistic units; national schools; teachers; Education; human rights; ABA; speech therapy; play therapy; educational therapy; , bias; An Bord Pleanala; Paudie Coffey; Fine Gael; Fianna Fail; wind farms; planning permission; Supreme Court; High Court; EirGrid, Biowatch; Monsanto; genetic engineering; Aarhus; High Court; Baker J.; Hedigan J.; Panda Waste; Sillelagh Quarries Limited; McCoy; protective costs order; PCO; legal costs; lawyer fees; public interes, breaking the law; civil disobedience; morality; positivists; natural law; the Hart-Devlin debate; jurisprudence; apartheid; Mandela; Rivonia; moral imperative, BW Energy; ReThink Pylons; Green Paper on Energy; wind turbines; GridLink; EirGrid; biomass; Solar PV; renewable energy, Coolnabacky; Laois; Kilkenny; An Bord Pleanala; Andrew Boyle; EirGrid; substation; 110kV; 400kV; Rabbitte; EirGrid; pylons; EMF; judicial review; High Court; appeal; justice; Fianna Fail; Fine Gael; L
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3 Comments
Can An Bord Pleanála condone a defective application?
As a rule it can be said that An Bord Pleanála (ABP) have very little discretion, and this mostly involves their conduct of public / oral hearings, and only if they decide to hold the hearing at all (See sections … Continue reading →
Posted in Framore Limited, High Court; Judicial Review; Appeal on the merits; judicial discretion, Peremptory law; Directory Law; Planning and Devlopment Act of 2000
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid; GridLink; John Lowry; Fine Gael; Fianna Fail; Labour Party; Green P, Al;ex White TD; Green Paper on Energy Policy in Ireland; New Ross, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County , bias; An Bord Pleanala; Paudie Coffey; Fine Gael; Fianna Fail; wind farms; planning permission; Supreme Court; High Court; EirGrid, BW Energy; ReThink Pylons; Green Paper on Energy; wind turbines; GridLink; EirGrid; biomass; Solar PV; renewable energy, Coolnabacky; Laois; Kilkenny; An Bord Pleanala; Andrew Boyle; EirGrid; substation; 110kV; 400kV; Rabbitte; EirGrid; pylons; EMF; judicial review; High Court; appeal; justice; Fianna Fail; Fine Gael; L, High Court; Peart J.; An Bord Pleanala; Framore Limited; remittal; judicial discretion; appeal and review; Cork County Council; Justice Michael Peart; Jonathan Swift; O'Grianna; Planning & Develop
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9 Comments
Evaluating O’Grianna
One of the refreshing aspects of writing a blog is its immediacy. Rather than waiting on a peer-reviewed journal which can take from three months to a year to publish, the blog offers instantaneous publication. . This immediacy is also … Continue reading →
Posted in High Court; Judicial Review; Appeal on the merits; judicial discretion, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, An Bord Pleanala; ESB; High Court; Peart J.; project splitting; EIS; environmental impact statement; Framore Limited; EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County , bias; An Bord Pleanala; Paudie Coffey; Fine Gael; Fianna Fail; wind farms; planning permission; Supreme Court; High Court; EirGrid, EcoPower; Ecopower Developments Limited; Waterford City Council; Waterford County Council; wind farm; County Development Plan
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O’Grianna and others v. An Bord Pleanala – Part 2
“Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.” (Jonathan Swift) . You will remember the judgment of Peart J. in O’Grianna and others v. An Bord Pleanala [2014] IEHC 632 which was … Continue reading →
Posted in EU Renewable Energy 2020 Target, High Court; Judicial Review; Appeal on the merits; judicial discretion
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Tagged Aarhus Treaty; Aarhus Convention; UN; EU; windfarms; NREAP; Pat Swords; Rabbitte; environment; wind turbines; consultation; EirGrid;, Alan Kelly; Labour Party; wind turbines; setback distance, bias; An Bord Pleanala; Paudie Coffey; Fine Gael; Fianna Fail; wind farms; planning permission; Supreme Court; High Court; EirGrid, BW Energy; ReThink Pylons; Green Paper on Energy; wind turbines; GridLink; EirGrid; biomass; Solar PV; renewable energy, Coolnabacky; Laois; Kilkenny; An Bord Pleanala; Andrew Boyle; EirGrid; substation; 110kV; 400kV; Rabbitte; EirGrid; pylons; EMF; judicial review; High Court; appeal; justice; Fianna Fail; Fine Gael; L, High Court; Peart J.; An Bord Pleanala; Framore Limited; remittal; judicial discretion; appeal and review; Cork County Council; Justice Michael Peart; Jonathan Swift; O'Grianna; Planning & Develop
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