Court of Appeal Dismisses Challenge to Re-powering of Existing Wind Farm

13 March, 2024

The Court of Appeal (Northern Ireland) (Treacy LJ and Horner LJ) has dismissed an appeal against the refusal of leave to judicially review a grant of planning permission by Causeway Coast and Glens Borough Council for the re-powering of an existing wind farm. 

Court of Appeal Dismisses Challenge to Re-powering of Existing Wind Farm

13 March, 2024

The Court of Appeal (Northern Ireland) (Treacy LJ and Horner LJ) has dismissed an appeal against the refusal of leave to judicially review a grant of planning permission by Causeway Coast and Glens Borough Council for the re-powering of an existing wind farm. 

There were two grounds of appeal. The first was that the assessment of landscape and visual impacts was irrational.  The second was that the local planning authority failed to take account of the views of the local community that objected to the application.

Both grounds of appeal were dismissed. The judgment contains a useful reminder of the principles governing the role of the court in challenges like this and the nature of the duty under section 45(3) of the Planning Act (Northern Ireland) 2011 in respect of the taking into account of representations made during the planning application process.

A copy of the judgment can be found here.

Conor Fegan was instructed on behalf of Causeway Coast and Glens Borough Council.