An Bord Pleanála and Bord na Móna decide not to appeal refusal of Derryadd development
In a judgement of the High Court on June 16, 2021 in the case of Sweetman -v- An Bord Pleanála (No. 1) Mr Justice Humphreys granted certiorari, quashing the decision of An Bord Pleanála permitting Bord na Móna to construct a Wind Farm Development consisting of 24 turbines which were to be 185 metres high at Derryadd in South Longford.
A 2nd judgement was made by Mr Justice Humphreys on October 26, 2021 where he indicated that he accepted that there were points of exceptional importance arising from his initial judgement made in June.
The planning application had been lodged by Bord na Móna on the basis that permission for the development was sought using the concept of a “design envelope.” What this meant was that exact plans and specifications of the proposed development were not produced but rather indicative or typical plans. The Court had indicated that it had grave concerns regarding an open-ended application.
In this 2nd judgement Mr Justice Humphreys stated that he accepted that a certain limited flexibility could be allowed so long as no genuine planning issue was created thereby. The Judge rejected the fact that other applications may have been prepared on a similar basis and stated that this does not have a bearing on the question of how the regulations are to be interpreted.
The Judge indicated that a completely open-ended permission at one end of the scale goes far beyond what is necessary or appropriate and he stated, “indeed it makes very little sense.”
This decision by An Bord Pleanála not to appeal the matter further was then followed by Bord na Móna who, as a notice party would have been entitled to stand in the shoes of An Bord Pleanála and appeal the issues arising, has now likewise decided not to appeal the matter.
Mr Sweetman, represented by Mr Peter Bland Senior Counsel, Mr Michael O’Donnell BL and Mr Gabriel Toolan of Walter P Toolan & Sons Solicitors, High Street, Ballinamore, County Leitrim were awarded their costs in relation to the case.
Read More here: https://www.longfordleader.ie/news/home/745093/planning-permission-for-massive-longford-wind-farm-decisively-refused.html