The United Kingdom’s Supreme Court has rejected an appeal challenging the decision by An Bord Pleanála to approve a solar energy project in the Midlands. The appeal was launched by a community group that objected to the October 2021 decision permitting Elgin Energy Services Limited to construct and manage a solar-powered electricity station and arrange numerous solar panels across a site in Treascon and Clondooluck, Portarlington, spanning 90 hectares in Co Offaly.
The group, called the ‘Concerned Residents of Treascon and Clondoolusk’, claimed the decision was not valid, stating it breached EU habitat orders and Environmental Impact Assessment (EIA) directives.
However, after a robust examination, the five-justice Supreme Court panel unanimously dismissed the appeal. Mr Justice Brian Murray, giving the court’s verdict, said the appeal was tied to the accurate understanding and enactment of the EU directive concerning EIA, and the conversion of this directive to Irish legislation.
The appeal posited that considering the proposed plan involved restructuring rural land, the entire project needed to undergo an EIA. Nevertheless, the judge ruled that removing hedgerows didn’t mandate an EIA for the entire project.
Fellow justices Mr Justice Donal O’Donnell, Mr Justice Séamus Woulfe, Mr Justice Maurice Collins and Ms Justice Aileen Donnelly were in agreement with Mr Justice Murray’s decision.
The community group had pursued judicial proceedings against An Bord Pleanála, Ireland and the Attorney General, intending to overturn the planning permission granted. Elgin Energy Services Ltd was a party notified about the action.
Despite the group’s unsuccessful High Court action, the Supreme Court agreed to consider their appeal due to its public importance. The appeal was contested by all respondents, who vigorously disputed that these issues had been omitted from their original judicial review. Respondents also added that the High Court had never approved the claims they made.
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