Sweetman v APB & Ors (Approved) [2021] IEHC 390 (16 June 2021)

Sweetman v APB & Ors (Approved) [2021] IEHC 390 (16 June 2021)

The planning application failed to comply with the statutory requirement to provide 'plans and particulars' of the proposed development, as it relied on maximum dimensions and typical arrangements without specifying precise details of the design, dimensions, or locations of the structures. The statutory framework...

Source-derived case information.

Citation
[2021] IEHC 390
Parties
Applicant: Peter Sweetman; First Respondent: An Bord Pleanála; Second Respondent: Ireland and the Attorney General; Notice Party: Bord na Móna Powergen Limited
Jurisdiction
Ireland
Judgment Date
16 June 2021
Procedural Posture
Judicial Review / Final Judgment at High Court
Outcome
Application granted; order of certiorari issued quashing the Board's decision.
Legal Topics
Planning Permission, Environmental Impact Assessment (eia), Appropriate Assessment (aa), Strategic Infrastructure Development (sid), Public Participation, Design Envelope Applications
Planning Law Administrative Law Environmental Law Planning Permission Environmental Impact Assessment (eia) Appropriate Assessment (aa) Strategic Infrastructure Development (sid) Public Participation +1 more

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Parties

Peter Sweetman

Applicant

An Bord Pleanála

First Respondent

Ireland and the Attorney General

Second Respondent

Bord na Móna Powergen Limited

Notice Party

Procedural Posture

Judicial Review / Final Judgment at High Court

Legal Issues

  1. 1 Whether the planning application for the windfarm complied with the statutory requirements for plans and particulars under the Planning and Development Regulations 2001 as amended, specifically Article 214, in the context of a 'design envelope' application with variable dimensions and unspecified details.
  2. 2 Whether the Board was entitled to grant permission based on an application lacking precise design details, relying on maximum dimensions and typical arrangements rather than specific particulars.
  3. 3 Whether the Board's reliance on a draft, unfinalised peat rehabilitation scheme was lawful.

Ratio Decidendi

The planning application failed to comply with the statutory requirement to provide 'plans and particulars' of the proposed development, as it relied on maximum dimensions and typical arrangements without specifying precise details of the design, dimensions, or locations of the structures. The statutory framework does not permit such a wide 'design envelope' application, and the Board's decision to grant permission on this basis was unlawful.

Court Disposition

Application granted; order of certiorari issued quashing the Board's decision.

Orders

  • Order of certiorari quashing the impugned decision of An Bord Pleanála granting planning permission for the windfarm development.