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

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

O’Grianna and others v. An Bord Pleanala – Part 2

“Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through.”   (Jonathan Swift) . You will remember the judgment of Peart J. in O’Grianna and others v. An Bord Pleanala [2014] IEHC 632 which was … Continue reading

Posted in EU Renewable Energy 2020 Target, High Court; Judicial Review; Appeal on the merits; judicial discretion | Tagged , , , , , | 14 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

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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

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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

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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

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The Business Plan of the Wind Industry

The wind industry is here to make money. As we are in a capitalist economy, that is its prerogative. I just wish it would be honest about its true motive instead of portraying itself as an eco-warrior, which wind farmers … Continue reading

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Energy efficiency is a form of energy

Whilst this government is pushing the interests of its big business cronies in the wind industry, it is doing precious little when it comes to consumer education and other measures aimed at energy efficiency. Instead of forcing consumers to pay … Continue reading

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EirGrid brings in the heavies

  In its glossy brochure, “Reviewing and improving our public consultation process”. one of the better satirical publications of 2014; EirGrid set out three themes as to how it needed to improve its dealings with the public. . Theme 2 … Continue reading

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RTS & Ors -v- An Bord Pleanála [2015] IEHC 18 – lessons learned

The loss by the RTS Substation Group in their recent application for judicial review against An Bord Pleanala (ABP) was a massive blow to that community and I write this blog with some trepidation, as I know that hearts are … Continue reading

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Setback Distances from Wind Turbines / Wind Farms

Due to a huge number of submissions from rural homeowners and the wind industry, new guidelines stipulating where wind farms can be built were not published last year. According to the Department of the Environment, over 7,500 submissions were received … Continue reading

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The Statutory Functions and Powers of EirGrid

My article on “The Statutory Functions and Powers of EirGrid” has been published in the Irish Law Times. The article examines the statutory functions of both the ESB and EirGrid with a view to comparing and contrasting the two in … Continue reading

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An Bord Pleanála and Bias

The second Principle of Natural Justice is Nemo Iudex In Causa Sua which means that a person is not allowed to be a judge in his own cause. This ancient principle is the basis for the concept of bias in … Continue reading

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