The Supreme Court will hear An Bord Pleanála’s appeal against a judge’s ruling that it failed to act, as far as practicable, in line with climate action law objectives when it refused planning permission for a 13-turbine wind farm in Co Laois.
A three-judge Supreme Court panel said the court should hear the case as it has “potentially far-reaching consequences” and is of “systemic importance for the entire planning process”.
Mr Justice Richard Humphreys in January quashed An Bord Pleanála’s decision to refuse permission sought by Coolglass Wind Farm Ltd for the development.
He found the board failed to act in a compliant manner, as far as practicable, with climate objectives set out in the 2015 Climate Action and Low Carbon Development Act.
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That “failure” constituted a breach of the board’s duty under the European Convention on Human Rights Act, 2003, and a breach of other EU law obligations, he ruled.
Coolglass’s wind farm was initially refused by the board because it was to be located across town lands where wind farm developments are prohibited by the Laois County Development Plan.
In its challenge to that decision, Coolglass alleged An Bord Pleanála had failed to approve enough green energy infrastructure projects to meet 2030 environmental targets.
In a determination published this week, three Supreme Court judges said An Bord Pleanála’s appeal of Mr Justice Humphreys’s ruling raised important issues regarding the obligations imposed on authorities, such as the board, by climate objectives in the 2015 Act.
The appeal also questioned the extent to which the board, in deciding on Coolglass’s permission application, can depart from the Laois County Development Plan terms. Also raised were questions around the High Court’s application of the European Convention on Human Rights Act, the panel said.
An Bord Pleanála said the precise nature of the obligations imposed by the 2015 Act must be clarified as the issue affects its daily decision-making functions.
The judges said this point was among the factors that weighed heavily in favour of allowing the board to appeal to Supreme Court from the High Court.
