In a landmark case, the High Court has ruled that An Bord Pleanála failed to comply with climate law when it refused permission for a wind farm in Laois in 2024.

Coolglass Wind Farm Ltd, a subsidiary of the international renewables developer Statkraft, had its application for a 13-turbine wind farm in Laois rejected by An Bord Pleanála last year.

It denied permission on the grounds that the development would contravene the county development plan. Coolglass subsequently challenged this decision in the High Court and successfully overturned it, setting a precedent that climate law should take priority over local authorities’ development plans.

Refusal

The board received 106 public observations on the proposed development, raising various issues and concerns.

In a submission to the board, Laois County Council’s chief executive stated that “the proposed development would materially contravene the county development plan 2021-2027 and its wind energy strategy, as 12 of the 13 proposed turbines were located in areas designated as ‘not open for consideration’ for wind farm development”.

Coolglass argued that the board failed to comply with its obligations under climate legislation and act in a way consistent with Ireland’s obligations to comply with EU climate targets.

It also argued that it breached a 2022 EU regulation by failing to treat the 13-turbine wind farm “as being in the overriding public interest”.

In his judgment, Mr Justice Humphreys called the board’s inspector’s report “an utterly flawed document in key respects”. He said that, by relying upon it, An Bord Pleanála’s decision is legally invalid.

He said that Government policy and legally binding targets that support a grant of permission were dismissed as mere “applicant’s assertions”, and an approach is taken that severely undermines the achievement of both national, EU and international policy and legally-enshrined national, EU and international climate.

An Bord Pleanála decision quashed

Mr Justice Humphreys said the case threw gauntlet as to whether the state’s climate legislation is “all just empty rhetoric”.

He said An Bord Pleanála “recoils in horror from the logical implications of this and demands the right to continue business as usual”.

“But an immediate end to business as usual is a precondition for planetary survival,” he added.

Mr Justice Humphreys quashed the board’s decision not to grant planning permission to Coolglass and sent it back to the board “to reconsider the application in accordance with this judgment”.

The decision could have far-reaching implications, as it establishes that legally mandated climate goals take precedence over local authorities’ development plans.

This may help renewable energy projects in securing planning permission, but could also affect infrastructure and agricultural developments, as the impact on Ireland’s greenhouse gas emissions must be given significant consideration.