Ireland Case Law

Rural Residents Wind Aware and Environmental Group and Ors v An Coimisiun Pleanala and Ors [II] [No. 2] (Approved)

Rural Residents Wind Aware and Environmental Group and Ors v An Coimisiun Pleanala and Ors [II] [No. 2] (Approved) [2026] IEHC 136 (06 March 2026)

The High Court dismissed a judicial review challenge to a section 146B wind farm amendment decision, holding that public participation was not triggered and no invalidity was shown.

• Public participation
• Appropriate assessment
• Material alteration
• Conservation objectives
• Judicial review
• Environmental impact assessment

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Massey v An Bord Pleanala & Ors [No. 2] (Approved)

Massey v An Bord Pleanala & Ors [No. 2] (Approved) [2025] IEHC 206 (11 April 2025)

The High Court granted declaratory relief for a technical SID application defect, but refused certiorari. It held the AA screening challenge failed on the facts.

• Strategic infrastructure development
• Appropriate assessment
• Birds directive
• Habitats directive
• Environmental impact assessment
• Public participation

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Massey v An Bord Pleanala & Ors [No. 3] (Approved)

Massey v An Bord Pleanala & Ors [No. 3] (Approved) [2025] IEHC 218 (11 April 2025)

The High Court referred to the CJEU a question on whether AA screening under Article 6(3) must be assessed by reference to conservation objectives and measures.

• Appropriate assessment
• Conservation objectives
• Habitats directive
• Birds directive
• Renewable energy infrastructure
• Judicial review

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Power & Anor v An Bord Pleanala & Ors (Approved)

Power & Anor v An Bord Pleanala & Ors (Approved) [2024] IECA 295 (05 December 2024)

The Court of Appeal referred to the CJEU a question on whether site-specific conservation objectives are required for a valid appropriate assessment under the Habitats Directive.

• Habitats directive
• Appropriate assessment
• Conservation objectives
• Special protection areas
• Planning permission
• Judicial review

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Dark Sky Roscommon v An Bord Pleanala (Approved)

Dark Sky Roscommon v An Bord Pleanala (Approved) [2024] IEHC 318 (27 May 2024)

The High Court quashed planning permission for floodlighting at Tarmon National School after finding the Board failed to properly screen the project under Article 6(3).

• Appropriate assessment
• Habitats directive
• Planning permission
• Conservation objectives
• Screening for environmental impact
• Appropriate-assessment

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Power & Anor v An Bord Pleanala (Approved)

Power & Anor v An Bord Pleanala (Approved) [2024] IEHC 247 (01 May 2024)

The High Court granted certification to appeal on whether valid conservation objectives are a jurisdictional prerequisite to Appropriate Assessment under Article 6(3) of the Habitats Directive.

• Appropriate assessment
• Conservation objectives
• Planning permission
• Habitats directive
• Birds directive
• Judicial review

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Power & Anor v An Bord Pleanala & Ors (Approved)

Power & Anor v An Bord Pleanala & Ors (Approved) [2024] IEHC 108 (28 February 2024)

High Court judicial review over amendments to Knocknamona Windfarm. The court upheld the EIA approach, rejected the public participation challenge, and addressed AA issues.

• Environmental impact assessment (eia)
• Appropriate assessment (aa)
• Public participation
• Conservation objectives
• Planning permission
• Renewable energy

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Minister for Arts, Heritage, the Gaeltacht and the Islands v. Kennedy

Minister for Arts, Heritage, the Gaeltacht and the Islands v. Kennedy [2001] IEHC 180 (20th December, 2001)

The Minister failed to establish that all statutory preconditions for injunctive relief under Regulation 17 were satisfied, specifically the existence of conservation objectives and an appropriate assessment for the site. There was insufficient evidence of an imminent operation or activity likely to damage the site, and the Minister's apprehension was based on hearsay. Accordingly, the application for a perpetual injunction was refused.

Source excerpt

• Habitats directive
• Special areas of conservation
• Injunctive relief
• Planning and development
• Locus standi
• Conservation objectives

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