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ARTICLE · 16 JANUARY 2025

Environment & Planning - Horizon Scanner: Infrastructure, Construction, Energy, January 2025

Arthur Cox
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An Bord Pleanála refused permission for the development of a wind farm in Co. Laois on the basis that it materially contravened the development plan for the county.

IrelandEnvironment
Arthur Cox
Arthur Cox
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IMPORTANT GUIDANCE ON CLIMATE ACT

Significant judgment setting out guidance for relevant bodies when applying the Climate Act in their decision making

An Bord Pleanála refused permission for the development of a wind farm in Co. Laois on the basis that it materially contravened the development plan for the county. 12 out of 13 proposed wind turbines were located in areas designated as "not open for consideration" for wind farm development. The Court found that the Board considered the wrong section of the Planning and Development Act 2000 in refusing permission. The Board failed to consider its power to grant permission for development in material contravention under section 37G(6) of the Act, instead adopting the Inspector's Report, which considered the wrong test.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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