A company that was refused planning permission for one of the tallest wind farms in Ireland has been unsuccessful in its application for judicial review of the decision of An Bord Pleanála. In the High Court, Mr Justice Twomey refused to grant an order despite the alleged errors and mischaracterisation of the lands, as he was satisfied that there was a reasonable basis for refusing planning permission.
In June 2017, the application to develop a wind farm of 25 turbines with a maximum height of 169 metres at a site known as Castletownmoor in County Meath was refused by An Bord Pleanála. They pointed out that under the Wind Energy Development Guidelines 2006 issued by the Department of Environment, Heritage and Local Government, the development would be regarded as a large wind farm.
The applicants, North Meath Wind Farm Limited and Element Power Ireland Limited, sought an order to remit the matter back to the Board. The key issue was whether the alleged errors made by the Inspector in his assessment of the development were such as to impair the legal validity of the decision to refuse planning permission.
The main alleged error was the categorisation of the proposed site as overwhelmingly "hilly and farmland" instead of "hilly and flat farmland" and "flat peatland". This categorisation was counter to the claim in the Environmental Impact Statement prepared on behalf of the applicants. Under the Wind Energy Development Guidelines, there is greater scope for planning permission to be granted for wind farms if the lands are in the latter category.
Justice Twomey found that despite the alleged error, there was sufficient material before the Board to support the decision to refuse planning permission. He explained that the alleged errors were irrelevant, as even if a decision is incorrect, the decision will not be disturbed in a judicial review if it is lawful. Considerable latitude is given to a decision maker in applying expertise to reach a decision, particularly in specialist areas.
Editor's note
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