Refusal of planning permission for Cork wind farm is overturned by the High Court

The High Court recently overturned An Bord Pleanala’s decision to refuse planning permission for a wind farm in Co Cork in order to protect the habitat of the protected species of the whooper swan.

Annagh Wind Farm’s application was refused by Cork Country Council in 2022. The council’s ecological inspection report stated that the proposal would likely have a permanent significant negative effect on an area of high local biodiversity. The report said approving the development would be contrary to the 2014 County Development Plan.

An Bord Pleanala upheld the refusal, as it was not satisfied that the information before it enabled it to determine “beyond reasonable scientific doubt” that the proposed development would not have an adverse effect on the whooper swan, a species of conservation interest of a special protection area. Annagh Wind Farm issues judicial review proceedings challenging the board’s decision.

The judicial review case centred on whether the correct procedure was followed by An Bord Pleanala in relation to its decision. The court found that the inspector had identified a submission relevant to the assessment that had emerged on a related field and conducted her assessment taking that into account. The inspector had proposed that Annagh Wind Farm be given an opportunity to comment, however the board of An Bord Pleanala adopted the inspectors assessment in its order while disregarding the proposal to notify Annagh Wind Farm. The court ruled that the indirect consideration of the submission and the failure to give Annagh Wind Farm notice of the submission was in breach of the Planning and Development Act 2000, and therefore overturned An Bord Pleanala’s decision.

 

 

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