2025 has been a significant year for planning and
environmental decisions. In this article Stephen Barry, reviews six
significant High Court decisions from 2025, focusing on
Environmental Impact Assessments (EIA) specific case law trends. He
also sets out what steps developers can take to avoid judicial
review and minimise their exposure when undertaking
EIAs.
(1) Coolglass Windfarm Ltd v. An Bord Pleanála
This decision is highly relevant to developers because it
addresses how planning authorities must approach climate
obligations and the exercise of discretion in the context of
renewable energy developments. The case involved a challenge to the
refusal of a 10-year Strategic Infrastructure Development (SID)
permission for a wind farm, where An Bord Pleanála
(“the Board”) had relied on the wrong statutory
provision, and failed to independently consider its obligations
under Section 15 of the Climate Action Act 2015 (as amended) and
Section 37G(6) of the Planning