Massey v An Bord Pleanala & Ors (Approved) [2021] IEHC 783 (21 December 2021)

Massey v An Bord Pleanala & Ors (Approved) [2021] IEHC 783 (21 December 2021)

The windfarm constitutes a single installation due to a meaningful physical connection and single system, the rated power output exceeds the statutory threshold for SID, sufficient information was submitted for the preliminary determination, and the board correctly applied the statutory test based on the material provided.

Citation
[2021] IEHC 783
Parties
Applicant: Paddy Massey; Respondent: An Bord Pleanála; Respondent: Ireland and the Attorney General; Notice Party: RWE Renewables Ireland Limited
Jurisdiction
Ireland
Judgment Date
21 December 2021
Procedural Posture
Judicial Review / Final Judgment on Preliminary Challenge
Outcome
Proceedings dismissed save as to the extent dependent on the case against the State; case against the State adjourned generally with liberty to re-enter.
Legal Topics
Strategic Infrastructure Development, Windfarm Planning, Statutory Interpretation, Sufficiency of Information, Judicial Review Procedure
Planning Law Administrative Law Environmental Law Strategic Infrastructure Development Windfarm Planning Statutory Interpretation Sufficiency of Information Judicial Review Procedure

Case Brief

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Parties

Paddy Massey

Applicant

An Bord Pleanála

Respondent

Ireland and the Attorney General

Respondent

RWE Renewables Ireland Limited

Notice Party

Procedural Posture

Judicial Review / Final Judgment on Preliminary Challenge

Legal Issues

  1. 1 Whether the proposed windfarm constitutes 'an installation' under the Planning and Development Act 2000
  2. 2 Whether the development meets the statutory threshold of 'total output greater than 50 megawatts'
  3. 3 Whether sufficient information was submitted for the preliminary SID determination

Ratio Decidendi

The windfarm constitutes a single installation due to a meaningful physical connection and single system, the rated power output exceeds the statutory threshold for SID, sufficient information was submitted for the preliminary determination, and the board correctly applied the statutory test based on the material provided.

Court Disposition

Proceedings dismissed save as to the extent dependent on the case against the State; case against the State adjourned generally with liberty to re-enter.

Orders

  • Proceedings dismissed except for case against the State.
  • Case against the State adjourned generally with liberty to re-enter.