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Tipperary wind farm challenge before High Court

Moving the application David Browne BL for the applicants said the challenge is brought on grounds including that permission was granted after Mr Buckley withdrew his written consent for his lands to be used as part of the proposed development.

A High Court challenge has been brought against An Bord Pleanála's decision to grant planning permission for an electricity generating wind farm in Co Tipperary.

The action has been brought by local people Edward Buckley of Gurtnara, Upperchurch, Thurles, Co Tipperary and Edel Grace of Grousehall Milestone, Thurles, Co Tipperary.

It arose out the planning authority's decision to allow the construction of a wind farm development at Upperchurch, Co Tipperary.

The proposed development comprises of 22 turbines, with a hub height of 81.6m and an overall height of 126.6m and ancillary works, an access road and buildings.

In proceedings against An Bord Pleanála they seek an order quashing the board's decision of 12 August last to grant a ten year permission to Ecopower to build the wind farm.

They also seek a number of declarations including that in its decision the board acted outside of its powers, acted contrary to sections of the 2000 Planning and Development Act, and in breach of the 1992 EU Council Habitats Directive.

Ecopower Developments Ltd, which was given permission by the board to build the wind farm, and the Department of Arts, Heritage and the Gaeltacht are notice parties to the proceedings.

At the... more [truncated due to possible copyright]  

A High Court challenge has been brought against An Bord Pleanála's decision to grant planning permission for an electricity generating wind farm in Co Tipperary.

The action has been brought by local people Edward Buckley of Gurtnara, Upperchurch, Thurles, Co Tipperary and Edel Grace of Grousehall Milestone, Thurles, Co Tipperary.

It arose out the planning authority's decision to allow the construction of a wind farm development at Upperchurch, Co Tipperary.

The proposed development comprises of 22 turbines, with a hub height of 81.6m and an overall height of 126.6m and ancillary works, an access road and buildings.

In proceedings against An Bord Pleanála they seek an order quashing the board's decision of 12 August last to grant a ten year permission to Ecopower to build the wind farm.

They also seek a number of declarations including that in its decision the board acted outside of its powers, acted contrary to sections of the 2000 Planning and Development Act, and in breach of the 1992 EU Council Habitats Directive.

Ecopower Developments Ltd, which was given permission by the board to build the wind farm, and the Department of Arts, Heritage and the Gaeltacht are notice parties to the proceedings.

At the High Court today Mr Justice Michael Peart granted Ms Grace and Mr Buckley permission to bring a challenge against the planning authority's decision.

Leave to bring the action was granted on an ex parte basis (where only side was present in court).

The matter was made returnable to date in late November.

Moving the application David Browne BL for the applicants said the challenge is brought on grounds including that permission was granted after Mr Buckley withdrew his written consent for his lands to be used as part of the proposed development.

Counsel said the proposed development required Mr Buckley's lands for a required access road at Knocknameena Upperchurch.

In addition it is also the applicants case the decision breaches EU directives on the conservation of natural habitats of wild fauna and flora.

The board he said also failed to conduct an environmental impact assessment before consent to the development was granted.


Source: http://www.rte.ie/news/2014...

OCT 7 2014
http://www.windaction.org/posts/41394-tipperary-wind-farm-challenge-before-high-court
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