CJEU: Requirements regarding installation and operation of wind turbines were sufficiently significant for the determination of the conditions subject to which consent would be granted for the installation and operation of wind farms, “whose environmental impact was undeniable.” https://twitter.com/eucourtpress/status/1276063510955544581

Such requirements should first be assessed for their environmental impact, the Court finds.

If Ireland had done this with the 2006 Wind Energy Development Guidelines, the flaws since exposed would have been identified.

Continuing to apply them even today is unforgivable.

Link to the Court Documents, including the application http://curia.europa.eu/juris/documents.jsf?num=C-24/19
Judgment will appear there later today.
#planninglaw #environmentaljustice #windturbines #noise #pollution #humanrights

Meanwhile, here is the Court Press Summary https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-06/cp200077en.pdf

Link is glitchy so here you go -

In effect, this is what our clients asked ABP to do in a recent case: assess the impacts of the Guidelines’ approach.

The Board refused to even read the scientific material we submitted, deeming it irrelevant for their purposes.

The Supreme Court quashed their decision.

The current government wants to make it harder for people to go to Court with cases like this. The Programme for Government has an ominous line about “reforming” judicial review. #WatchThisSpace

How’s your French? http://curia.europa.eu/juris/document/document.jsf;jsessionid=AC81BE65A323EBC63B4DF86B97489186?text=&docid=227726&pageIndex=0&doclang=FR&mode=req&dir=&occ=first&part=1&cid=6718559 #EnglishCanWait

Here is the judgment in English

http://curia.europa.eu/juris/document/document.jsf;jsessionid=AC81BE65A323EBC63B4DF86B97489186?text=&docid=227726&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=6718559