Tag Archives: 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

Plus ça change, plus c’est la même chose

An interesting commentary from Pat Swords on the North-South Interconnector: “Some thoughts and facts about the Ireland of today with further confirmation that we don’t live in anything that even remotely approaches a Democracy. Still one gives it a ‘poke’ … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EIA Directive 2014/52/EU, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target | Tagged , , , , , , , , , , | 1 Comment

Food for Thought

Scientists are always telling us to “accept nothing, challenge everything, ask for empirical proof”. Lawyers work by a similar creed – “do you have proof of that? If not, there is very little I can do for you”. Well; bear … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target | Tagged , , , , | 17 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 | Tagged , | 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 | Tagged , , , , | 1 Comment

The SEA and Wind Farm Guidelines

  The issue of the replacement of the 2006 Guidelines regulating a safe distance between wind-farms and residences has been going on for so long now in Ireland that it has taken on the nature of a Molière farce.   The … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Wind Farm Guidelines, turbines, flicker, noise, distance, Denis Naughten | Tagged , , , , , , | 5 Comments

Illegal delegation by the ESB

Delegata potestas non potest delegari is a principle in constitutional and administrative law that means in Latin that “no delegated powers can be further delegated.” Sometimes the principle is stated as delegatus non potest delegare (“one to whom power is … 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, Section 35; ESB Act 1927; wayleave notice | Tagged , , | 8 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 | Tagged , , , | 8 Comments

Just another brick in the wall -important decision on substituted consent

As we all know, there are always time limits within which to make challenges against administrative decisions. These are often quite tight for the simple reason that these administrative decisions are usually about local government and if there were long … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Kilvinane Wind Farm Ltd; substituted consent, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , | 4 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 4

  In this series on wind farm contracts, I have attempted to highlight certain scary consequences that might befall the landowner after entering into one of these contracts. This concluding segment is more of the same. In this final part, … Continue reading

Posted in Irish Farmers Association; IFA; wind farm contracts, Wind Farm Contract | Tagged , , , , , | 2 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

How Relevant is the Green Party?

  Nigel de Haas, who is a regular reader of, and contributor to, this blog; had been conducting a fascinating conversation with Cormac Manning, a Green Party candidate for this election, concerning the Green Party Manifesto on Energy. . Readers … Continue reading

Posted in Democracy; Ireland; Fine Gael; Labour; Sinn Fein; Workers; Constitution, EU Renewable Energy 2020 Target, Green Party; Ireland; Eamonn Ryan; Cormac Manning, lobbying; democracy; political process; general election, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC | Tagged , , , , , | 7 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 2

  In my previous blog I explained how a typical wind farm contract consists of two divisible parts, an Option and a Lease. When looking at an Option, I came to the inescapable conclusion that by selling the wind farm … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF, Irish Farmers Association; IFA; wind farm contracts | Tagged , , , , , , , , , , , , | 2 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

Oh No Alex!

“Speaking on RTÉ’s This Week, Mr White said “the whole world needs to de-carbonise” and renewable energy was part of that. Onshore wind energy was the most cost-effective renewable energy currently available for Ireland. … Mr White said there was … Continue reading

Posted in Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , | 10 Comments

An Election Ploy?

The announcement by EirGrid that the GridLink Project has been scrapped causes mixed emotions. Jubilation by those who have fought for so long for this very outcome is understandable and healthy, as the tension and stress caused by this threatened … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , | 3 Comments

Well Done John!

You might remember that in a previous blog I disagreed with Judge Caroline Costello’s finding against John Callaghan that Mr. Callaghan (and other members of the public) did not have the right to make representations to An Bord Pleanala (ABP) … Continue reading

Posted in High Court; Judge Caroline Costello; John Callaghan; Leave to Appeal | Tagged , , , , | Leave a comment

What is the difference between an EIS and an EIA?

During our discussions on my previous blog, where I was privileged to learn from a lot of people who, unlike me, actually know stuff about planning law, I realised that I, and many others, were not too sure about the … Continue reading

Posted in EIA Directive 2014/52/EU | Tagged , , , , , , | 5 Comments

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