Donegal County Council v Planree Ltd & Anor (Approved) [2024] IEHC 193 (10 April 2024)

Donegal County Council v Planree Ltd & Anor (Approved) [2024] IEHC 193 (10 April 2024)

Material deviations from the planning permission rendered the entire windfarm unauthorised development under the Planning and Development Act 2000. The court found that further works would constitute a continuation of unauthorised development. The court exercised its discretion to grant an injunction restraining further works pending the outcome of the substitute consent process, considering the integrity of planning and environmental law, the need for EIA/AA, and the public interest. The court rejected arguments that only the unauthorised parts could be injuncted or that financial hardship justified refusal of relief.

Citation
[2024] IEHC 193
Parties
Applicant: Donegal County Council; Respondent: Planree Limited; Respondent: Mid-Cork Electrical Limited
Jurisdiction
Ireland
Judgment Date
10 April 2024
Procedural Posture
Section 160 Planning Injunction / High Court Judgment on Application for Interlocutory and Final Relief
Outcome
Injunction granted restraining further works pending substitute consent.
Legal Topics
Unauthorised Development, Substitute Consent, Environmental Impact Assessment (eia), Appropriate Assessment (aa), Judicial Discretion in Injunctions, Material Deviations From Planning Permission
Planning Law Environmental Law Administrative Law Unauthorised Development Substitute Consent Environmental Impact Assessment (eia) Appropriate Assessment (aa) Judicial Discretion in Injunctions +1 more

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Parties

Donegal County Council

Applicant

Planree Limited

Respondent

Mid-Cork Electrical Limited

Respondent

Procedural Posture

Section 160 Planning Injunction / High Court Judgment on Application for Interlocutory and Final Relief

Legal Issues

  1. 1 Whether material deviations from planning permission render the entire windfarm unauthorised development
  2. 2 Whether the court should grant an injunction restraining further works pending substitute consent
  3. 3 Whether remaining works pose unassessed environmental risks

Ratio Decidendi

Material deviations from the planning permission rendered the entire windfarm unauthorised development under the Planning and Development Act 2000. The court found that further works would constitute a continuation of unauthorised development. The court exercised its discretion to grant an injunction restraining further works pending the outcome of the substitute consent process, considering the integrity of planning and environmental law, the need for EIA/AA, and the public interest. The court rejected arguments that only the unauthorised parts could be injuncted or that financial hardship justified refusal of relief.

Court Disposition

Injunction granted restraining further works pending substitute consent.

Orders

  • Planree Limited and Mid-Cork Electrical Limited are restrained from carrying out further development works on the Meenbog Windfarm site pending the outcome of the substitute consent process.
  • Liberty to apply granted if substitute consent is obtained.