Category Archives: judicial review; Wednesbury Test; O’Keeffe; rationality; Separation of Powers

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

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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 | Tagged , , , , , , , , , , , , , , , , | 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 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 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 | Tagged , , , , , | 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 | 4 Comments

Please Save the Copper Coast!

The Copper Coast in County Waterford, Ireland is a UNESCO World Heritage Site of breathtaking natural beauty. It is hard to imagine that anybody would want to build an industrial wind farm right in the middle of it, but apparently … 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, Green Party; Ireland; Eamonn Ryan; Cormac Manning, High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal, 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, 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 | 2 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 | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 8 Comments

Private wind farms are exempt from AIE requests for information

  An interesting decision was handed down by Peter Tyndall, the Commissioner for Environmental Information, as to whether a private wind farm (“Wexwind”) fell within the definition of “public authority” for the purposes of the AIE Regulations, and was therefore … Continue reading

Posted in Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , , , , , , , , , | 1 Comment

The Status of the Wind Energy Guidelines

“I am as anxious as anybody else to have these new guidelines put in place as the current guidelines are not fit for purpose.”   (Denis Naughten, Minister for Communications, Climate Change and Environment, Dail, 06/10/2016).   Finding space for wind … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, An Bord Pleanala; appeal; interested parties, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, Framore Limited, Green Party; Ireland; Eamonn Ryan; Cormac Manning, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Ministerial Responsibility; Liability; Negligence; cardiovascular, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , , , , , | 5 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 | Tagged , , , , , , | 11 Comments

Pat Swords vs Minister for Communications,Energy and Natural Resources & Attorney-General

  After a year of waiting, the judgment is finally out, and it does not make for pretty reading. The learned judge found against Pat in his condonation for delay application, and failed to rule on the protective costs application. … Continue reading

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, Legal Costs; Access to Justice; Courts, Pat Swords, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty | Tagged , | 9 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 | Tagged , , , | 6 Comments

The amendment of Section 28 of the PDA 2000

A reader alerted me to an interesting amendment to the Planning and Development Act of 2000 (PDA 2000). Section 28 relates to guidelines issued by the Minister (or in the case of wind farms, not issued by the Minister since … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EU Renewable Energy 2020 Target, judicial review; Wednesbury Test; O'Keeffe; rationality; Separation of Powers, lobbying; democracy; political process; general election, 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 | Tagged , , , , , | 13 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 | Tagged , , , | 15 Comments