Carrownagowan Concern Group & Ors v An Bord Pleanala & Ors (Approved) [2024] IEHC 300 (20 May 2024)

Carrownagowan Concern Group & Ors v An Bord Pleanala & Ors (Approved) [2024] IEHC 300 (20 May 2024)

The court held that while the Board did not publish every document on its website, only documents forming part of the statutory process are required to be published under s.146. The applicants failed to demonstrate actual prejudice or that any non-compliance affected their rights or the outcome. The Board had sufficient expertise and conducted the EIA and AA lawfully. Any errors identified were harmless and did not warrant quashing the decision. The substantive reliefs sought by the applicants, including certiorari, were refused.

Citation
[2024] IEHC 300
Parties
Applicants: Carrownagowan Concern Group, Ute Rumberger and Nicola Henley; First Respondent: An Bord Pleanála; Second Respondent: Coillte Cuideachta Ghníomhaíochta Ainmnithe; Third Respondent: The Minister for Housing, Local Government and Heritage; Fourth Respondent: The Minister for Agriculture, Food and the Marine; Fifth Respondent: Ireland; Sixth Respondent: The Attorney General; Seventh Respondent: Clare County Council; Notice Party: FuturEnergy Carrownagowan Designated Activity Company
Jurisdiction
Ireland
Judgment Date
20 May 2024
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Application refused; reliefs sought denied.
Legal Topics
Environmental Impact Assessment, Habitats Directive, Planning Permission, Judicial Review, Appropriate Assessment, Public Participation, Statutory Interpretation
Planning Law Environmental Law Administrative Law EU Law Environmental Impact Assessment Habitats Directive Planning Permission Judicial Review +3 more

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Parties

Carrownagowan Concern Group, Ute Rumberger and Nicola Henley

Applicants

An Bord Pleanála

First Respondent

Coillte Cuideachta Ghníomhaíochta Ainmnithe

Second Respondent

The Minister for Housing, Local Government and Heritage

Third Respondent

The Minister for Agriculture, Food and the Marine

Fourth Respondent

Ireland

Fifth Respondent

The Attorney General

Sixth Respondent

Clare County Council

Seventh Respondent

FuturEnergy Carrownagowan Designated Activity Company

Notice Party

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether An Bord Pleanála failed to comply with statutory requirements to publish all relevant documents online under s.146 of the Planning and Development Act 2000
  2. 2 Whether the Board had sufficient expertise and conducted a complete Environmental Impact Assessment (EIA) and Appropriate Assessment (AA) as required by EU and Irish law
  3. 3 Whether the Board failed to incorporate necessary environmental conditions and mitigation measures into its decision

Ratio Decidendi

The court held that while the Board did not publish every document on its website, only documents forming part of the statutory process are required to be published under s.146. The applicants failed to demonstrate actual prejudice or that any non-compliance affected their rights or the outcome. The Board had sufficient expertise and conducted the EIA and AA lawfully. Any errors identified were harmless and did not warrant quashing the decision. The substantive reliefs sought by the applicants, including certiorari, were refused.

Court Disposition

Application refused; reliefs sought denied.

Orders

  • Refusal of order of certiorari quashing the Board's decision.
  • Refusal of declaratory relief regarding document publication.