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ARTICLE · 07 FEBRUARY 2025

Laois Wind Farm Development Refusal Quashed

William Fry LLP
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An Bord Pleanála (Board) refused to grant planning permission on the basis that the proposed development would materially contravene both the County Development Plan and the county's wind energy strategy.

IrelandEnergy and Natural Resources
Michelle Martin
Michelle Martin
Fergus Devine
Fergus Devine
Liam McCabe
Liam McCabe
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Facts

In August 2023, Coolglass Wind Farm Limited applied for planning permission for a 13-turbine wind farm across multiple townlands in County Laois.

An Bord Pleanála (Board) refused to grant planning permission on the basis that the proposed development would materially contravene both the County Development Plan and the county's wind energy strategy and would, therefore, be contrary to the proper planning and sustainable development of the area.

Mr Justice Humphreys quashed the decision on a number of grounds, including the fact that the Board relied on the wrong section of the Planning and Development Act 2000 (as amended) (Planning Act) concerning material contravention. In circumstances where this planning application was for Strategic Infrastructure Development (SID), section 37G of the Planning Act provides that the Board can grant permission for proposed development even if it materially contravenes the relevant development plan. However, the Board

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