Tag Archives: EirGrid; wind turbine; illegal; Fine Gael; Fianna Fail; Green Party; NREAP; Labour Party; Rabbitte; EU Directive; Oireachtas; ESB; wind turbine; biomass; BW Energy; Rethink Pylons; Irish Law Times

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

Report on Communication ACCC/C/2014/112 regarding complaint of non-compliance against Ireland

  The first session involved the opening statements.  These are delivered in writing to the Aarhus Convention Compliance Committee (ACCC) beforehand, which allows a speaker from both sides to paraphrase and highlight the main points underpinning the Communication and the … Continue reading

Posted in An Bord Pleanala; appeal; interested parties, EU Renewable Energy 2020 Target, Freedom of Information; Access to Environmental Information; AIE; Commissioner for Environmental Information, Legal Costs; Access to Justice; Courts, 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 | Tagged , , , , , , | 4 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

The threat of legal costs in environmental litigation

  Disclaimer: This has been written from my bed whilst on sick leave, so please be patient! The phrase ‘legal costs’ makes everybody nervous, even lawyers, who often find them difficult to explain to their clients, especially when the client … Continue reading

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

Showdown at Drumhills

Ecopower Developments Limited have applied to the Waterford City/County Council to build 12 wind turbines in the area known as the Drumhills. The Planning File reference is 14600109. Already there is a flood of objections to this latest episode of … Continue reading

Posted in Uncategorized | Tagged , , , , | 2 Comments

A very important judgment: Eamon (Ted) Kelly vs An Bord Pleanala

Court judgments are often confusing to read as cases are not linear – they are more like Russian dolls, they come in layers. The judge is not only concerned with the decision in front of him or her because a … Continue reading

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

Is EirGrid an Illegal Organisation? – Part 3

THE BIRTH (AND LIFE) OF EIRGRID: IN VITRO, ULTRA VIRES AND MALA FIDES? — PART III THE POWERS GIVEN TO EIRGRID Irish Law Times 2014, 32, 110-114  is now published. In this final instalment, this piece seeks to examine the … Continue reading

Posted in Uncategorized | Tagged | 2 Comments