Irish developments
Supreme Court grants leave to appeal on interpretation of section 146B of the Planning and Development Act 2000
The Supreme Court has granted leave to appeal in Rural Residents Wind Aware and Environmental Group & Ors v An Coimisiún Pleanála [2026] IESCDET 114 (PDF, 177 KB) and [2026] IESCDET 113 (PDF, 193 KB). The case involves two sets of judicial review proceedings brought by local residents challenging a windfarm development at the Carlow-Kilkenny border. The High Court had dismissed the judicial review challenges and refused leave to appeal to the Court of Appeal. The residents group sought leave to appeal to the Supreme Court.
The Supreme Court has agreed to hear the appeal on the meaning of the phrase “alter the terms of the development” in section 146B and the test to be used to determine whether an alteration is or is not a material alteration. The Supreme Court declined to grant leave on a separate ground concerning shadow flicker and noise impacts,
