Category Archives: Planning Permission; Extension; Planning and Development Act

Have Your Say! Revision of Wind Energy Development Guidelines 2006

That excellent web site Concerned About Wind Turbines – Donegal  (CAWT) has put important and previously cunningly concealed information into the public domain by an AIE request to our old friends, the Department of Communications, Climate Action and Environment. Despite … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, BSB Community Energy Ltd, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, 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, Irish Farmers Association; IFA; wind farm contracts, Kilvinane Wind Farm Ltd; substituted consent, Ministerial Responsibility; Liability; Negligence; cardiovascular, Pat Swords, 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, The Spokes of the Wheel; wind farms; Ireland; Windfall, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , , , , , | 6 Comments

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 | Tagged , , , , , , , , , , , | 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 | Tagged , , , , , , , , , , , , , , , , , , | 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 | 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

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

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

An Bord Pleanala has a DUTY to alert interested parties

  The right to comment on planning applications, and on appeals to planning decisions, by both the parties to that application/appeal and interested or affected citizens, is a fundamental premise of our planning law. As far as the right of … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, 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 , , , | 4 Comments

The Anatomy of a Wind Farm Contract – Part 3

  In Part 1 we looked at the nature of the Option granted by the landowner to the wind developer, which effectively placed the use of the land beyond the control of the landowner, often for relatively small sums of … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning, Irish Farmers Association; IFA; wind farm contracts, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Planning and Development Act 2000; guidelines; directives; Sections 28 & 29, Planning Permission; Extension; Planning and Development Act, Wind Farm Contract | Tagged , , , , , , | 3 Comments

More on that Sect 28 Amendment

Since my last blog on the sleight-of-hand S28 amendment of the Planning and Development Act of 2000 (PDA2000), a number of very interesting theories have bubbled to the surface. We all love a good conspiracy theory, so let’s have at … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, Law; High Court; Leave To Appeal; Environment, 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 , , , , , , , | 5 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

The Anatomy of a Wind Farm Contract – Part 1

  I am often approached by people asking me to explain just how a wind farm contract works. I usually evade these questions either by honestly pleading ignorance or less honestly, by using the well-used cop-out employed by lawyers: “It’s … Continue reading

Posted in Apple; Google; Data Centre, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, Framore Limited, 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, Planning Permission; Extension; Planning and Development Act, South Africa, wind turbines, developing nations,, Wind Farm Contract, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , | 5 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 | Tagged , , , , , , | 10 Comments

Giant Wind Turbines Collapsing with Alarming Regularity

Originally posted on STOP THESE THINGS:
Gravity or some other force at work? **** The number of cases involving collapsing turbines and flying blades (aka “component liberation”) has become so common that, if we were a tad cynical, we would…

Posted in 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, 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, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, South Africa, wind turbines, developing nations,, The Spokes of the Wheel; wind farms; Ireland; Windfall, Wind Turbine Syndrome; Professor Alun Evans, Wind Turbines: Esen Fatma Kabadayi Whiting | Tagged , , , , , | Leave a comment

Opposing Extensions

Another method of opposing planning permission for wind farms has presented itself: challenging a decision to grant an application for extension of planning permission. . A planning permission usually has a lifetime of five years from the date of the final … Continue reading

Posted in Planning Permission; Extension; Planning and Development Act | Tagged , , , , , , , , | 53 Comments