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

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

Flexing Our Mussels – People Over Wind and others vs An Bord Pleanala

Amandla Awethu! . This was the cry that used to begin all public (and clandestine) meetings in South Africa during the dark days and the struggle against the apartheid regime. Pronounced “aah-mun-dluh  are-where-too” it means “Power to the People” and … Continue reading

Posted in EU Renewable Energy 2020 Target, Law; High Court; Leave To Appeal; Environment | Tagged , , , , , , , , , | 2 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; | Tagged , , , , , , , , | 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 | Tagged , , , , , , , | 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 | Tagged , , , | 15 Comments

You Must Be Joking, Mr. Kelly!!

The Independent reported on 25 May 2015 that the Labour Party parliamentary party will this week debate proposals to introduce new restrictions on the development of wind turbines close to people’s homes. Apparently Labour TDs and senators are demanding changes … Continue reading

Posted in Uncategorized | Tagged , , , , , , | 5 Comments

Limits on the Protective Costs Order under Section 50B

If you litigate in court and lose, you will pay, big time. That is the general rule: the loser pays all the legal costs. This is known as the “costs follow the event” rule. There are some exceptions to the … Continue reading

Posted in Uncategorized | Tagged , , , , , , , | Leave a comment

The Scare Tactics of the Wind Industry

One of the most commonly-used tactics of domination by modern governments is to keep their citizens in a state of perpetual terror by continuously announcing doomsday scenarios, and then use these apparent threats to justify increasingly oppressive governance. We now … Continue reading

Posted in EU Renewable Energy 2020 Target | Tagged , , , , , , , , , , , | 4 Comments

Suing the Government

Francovich v Italy was a very important judgment handed down by the European Court of Justice in 1990. It was important because it established the principle that European Union member states could be liable to pay compensation to individuals who … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , , | 1 Comment

EirGrid’s “new” Development Strategy – what it really means

In response to ever-increasing legal, political and economic pressure, the Department of Conservation, Energy and Natural Resources have released another glossy publication through their mouthpiece EirGrid. . The document is largely technical mumbo-jumbo on which I am not qualified to … Continue reading

Posted in EirGrid; Insurance; Law; Cancer; EMF | Tagged , , , , , , , , , , | 4 Comments

The Death of Local Government

The Twentieth Amendment of the Constitution of Ireland provided constitutional recognition of local government and required that local government elections occur at least once in every five years. It was effected by the Twentieth Amendment of the Constitution Act, 2001, … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , , | 3 Comments

Project Splitting

“Planning must be open and communicative, but often it is closed. Planning must be participatory and democratic, but often it is an instrument to dominate and control. Planning must be about rationality, but often it is about power. … This … Continue reading

Posted in Uncategorized | Tagged , , , , , , | 6 Comments