Tag Archives: bias; An Bord Pleanala; Paudie Coffey; Fine Gael; Fianna Fail; wind farms; planning permission; Supreme Court; High Court; EirGrid

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

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

Match Report

  The Captain’s warm-up had gone well and so we arrived at the beautiful but enormous Palace of Nations in Geneva with the usual pre-match jitters, but with Pat Swords charging ahead and us in his wake, we found our … Continue reading

Posted in EIA Directive 2014/52/EU, EU Renewable Energy 2020 Target, 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, Public Participation in Decision-making and Access to Justice in Environmental Matters; Aarhus Convention; Aarhus Treaty, The United Nations Economic Commission for Europe’s (UNECE) Convention on Access to Information | Tagged , , | 4 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

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

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

The Suir Valley Environmental Conference 2016

A truly excellent conference was held by the Suir Valley Environmental Group on 20 January 2016. The three speakers were Fred Udo, Colm McCarthy and David Hughes. Their respective presentations are clear and concise, and well worth a viewing. They … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Apple; Google; Data Centre, Cloud; iCloud; Data Centre; Data Center, EirGrid; Insurance; Law; Cancer; EMF, EU Renewable Energy 2020 Target, 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, Strategic Environmental Assessment (SEA); Grid 25; North-South Interconnector | Tagged , , , , , , | Leave a comment

It’s “Academic Research”, it must be true!

  The Health Writers Hub rated these publications as the top medical journals in the world: . New England Journal of Medicine (NEJM) Nature The Lancet The British Medical Journal (BMJ) Annals of Internal Medicine The Journal of the American … Continue reading

Posted in Academic Research; Peer-Review Process; Medical Journals, Dr Sarah Laurie; Steve Cooper; Bob McMurtry; Alun Evans, EU Renewable Energy 2020 Target, NREAP; National Renewable Energy Action Plan; EU Commission; Aarhus Convention Compliance Committee; ACCC, Paudie Coffey; series compensation; Fine Gael; Alan Kelly; Alex White, The Spokes of the Wheel; wind farms; Ireland; Windfall, Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , , , , , | 4 Comments

The Myth of “green” Data Centres

Apple are seeking planning permission for a 240MW data centre in Athenry, Co. Galway, which it says will create “up to 215 jobs”. . Questions need to be asked about this data centre that is being hailed by the current … Continue reading

Posted in Cloud; iCloud; Data Centre; Data Center | Tagged , , , , , , | 2 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

FACT: Wind Turbines Make You Sick.

I have just finished reading a fascinating article “Low Frequency Noise-Induced Pathology: Contributions Provided by the Portuguese Wind Turbine Case” written by Nuno A. A. Castelo Branco, MD, Senior Surgical Pathologist; Mariana Alves-Pereira, PhD, Biomedical Engineer; Augusto Martinho Pimenta, MD, … Continue reading

Posted in Wind Turbine Syndrome; Professor Alun Evans | Tagged , , , , , | 16 Comments

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

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