Planning & Environmental Law: Challenging Wind Farms

The benefits of renewable energy are obvious, but the High Court in  Kelly v An Bord Pleanála made it clear that failure to properly consider the negative environmental impact of a wind farm project could result in a successful challenge to the planning permission granted.    

Wind farm projects frequently face challenges and litigation from persons and groups seeking to stop projects entirely. In July 2014, this issue was thrust into the public spotlight when a legal challenge to a wind farm project was successful on the grounds that certain steps required by the European Habitats Directive had not been taken by an Board Pleanála.

The Habitats Directive

The Habitats Directive requires any proposed development likely to have a significant effect on a protected site to undergo an 'appropriate assessment' ("AA") prior to planning approval. Approval can generally only be granted if proven that the development will not adversely impact the integrity of the site.