Essay Sample on Irish Environmental Law

Introduction

The decision in An Bold Pleanala addresses the considerable information with the argument of Buckley considered. Although there is a lack of sufficient information regarding the grid connection as well as the haul rote works, the blade length and the rotor diameter of the turbines are not stated. Therefore, the High Court has the responsibility of holding on the fact that where a grid connection and haul route does not form part of the development, consent must be sought with the cumulative impact for assessment. As a result, this paper discusses the relevant principles for addressing the problem with the identification of the deficiencies in the procedures under s.5 of the Planning and Development Act 2000 (the "PDA") as well as identifying the necessary development consent for the grid connection difficulties for the windfarms(Carter, 2018) .The paper also identifies the circumstances where the material contravention procedure arises hence articulating the principles of how an oral hearing is conducted.

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Planning Permission for a Ten-Turbines Windfarm

Planning permission is required for the grid connection from the windfarmdevelopment to the local substation which is to be constructed as part of the windfall development. The case held that the grid connection for a windfarm require the environmental impact assessment (EIA) and the appropriate assessment(AA) so as the planning permission is executed successfully. The EIA is required for the windfarm project to be assessed based on the cumulative impacts through the grid connection works. As a result, the EIA for the grid connection implies that the planning permission is required. Also, a section 5 declaration which grants authority for a portion of the works challenges the judicial review while holding on limited order that prohibits the continuation of the grid connection works.

Due to lack of the details of the grid connection in the application for the windfarm consent, the developer cannot fix a single grid connection regarding the purposes of its planning. Therefore, the developer has to propose alternative routes for the grid connection works thus avoiding the uncertainty. Also, the request for the Board to extend the permission for the grid connection works requires the public notice. As a result, further information must be sought to ensure the EIA of the project and the planning is executed with the planning permission granted for the grid connection in the circumstance of the original planning application. Despite no obligation hold on the developer for deciding the specific grid connection with the permission granted, the aspects for the proposed alteration including the assessments must be sought.

The decisions by the developers are meant to determine the measures for the AA report thus application in the preparation of the impact statement. Therefore, An Bord Pleanala has to confirm the mitigation measures based on the standards applied in decision making with a significant effect on the appropriate test capable of affecting the integrity of the site. The submission of the applicant is also conditioned on the permission granted with the planning authority and developers relying on An Bord Pleanala termed permissible with the abdication of the Board rules(Steele, 2008).Consequently, the question of the technical measures on the consent is found to depend on the context of the development; thus nature, as well as the location of the implementation,is considered in the standards.

Factors a Court Has To Consider in the Application of the Judicial Review

The factors a court might consider if an applicant was brought for leave to apply for judicial review of a section 5 declaration granted by An Bord Pleanala (the Board) for the grid connection works include the practice direction, time for reviewing the challenges as well as the costs for the grid connection. The new practice direction for the judicial review has an impact on the Strategic Infrastructure Development decisions. It provides the consistency in decision making with the support of applicants through the consideration of the advanced application. As a result, fair and desirable hearing is vital since it allows the progress of the case hearing thus granting entry in the SID judicial reviews of the case management.

On the other hand, the time for judicial review challenges affects the restatement of the decision in An Bord Pleanala. A section 5 declaration approves the grid connection hence the applicants have to seek leave and bring the judicial reviews of the constitution. Given that the section 5 declaration considers less than a week, the developer has approximately one week to threaten the judicial review. However, it might take seven weeks before making an application thus a need for an extension of time by the court with the freedom to respond to the information request. The grid connection works planning has to emphasize the need for carrying out the date planning that entails prior completion with the appeal for the decision made when purchasing the land.

Cost is another factor that a court might consider if an applicant was brought for leave to apply for judicial review of a section 5 declaration granted by An Bord Pleanala (the Board) for the grid connection works. The anticipated judgment on costs in the environmental cases puts pressure on the judicial review with the NECCP Costs case. As a result, the applicant has left to apply for the judicial review regarding the oral hearing. The basis of the application of the consent has to respond to the costs against the applicants. Consequently, the cost rules should apply to the judicial review leave application based on substantive hearing and the EIA directive although the cost rules affect the extension of the cases involving AA, with the case costs following the winning party's values.

Bord Pleanala and the Material Contravention Procedure

An Bord Pleanala (the Board)is obliged to follow the material contravention procedure in section 7of the Planning and Development Act (the PDA) where the planning authority at first instance refused planning permission. However, where the Board decided to grant permission, there must be a decision on the material refusal of the development plan.With the strategic infrastructure provisions of the planning and development activities, the amended bill provides the applications for the permission for the infrastructure development that is direct to the Board(Steele, 2016). Even though the Board might be granted permission for the proposed development with the materially contravene for the development plan. As a result, the Board has an advantage since it places the proposed project into its programs with the policy context based on the spatial strategy and economic development plan.

An Bord Pleanala has to follow the material contravention procedure in section 7 given the proposed development plan designated for a project on the common interest. As a result, the Board decisions should be based on the timeliness with the duty on the Board through the consistency of proper planning as well as the sustainable development hence avoiding delays. Through the statutory objectives, the decisions made apply to the submissions with the relevant planning authority. As a result, the Board decision focus on granting permission with specified modification without refusing authorization. The content of the decision must follow the reasons and considerations for the decision as well as the imposition of the condition. The submissions also have to be received following the Act and regulations with the planning authority considered. According to section 5 of the planning and development Act 2000, the Board has to publish the decision with the review mechanism that follows the conditions for granting permission with strategic infrastructure development.

Where the planning authority at first instance refuses the planning permission, the Board decision has to be granted approval based on the material refusal of the development plan.The condition, as a result, provides the community gain with the construction of the proposed development with the Board consideration on the community gain. The control of the applicant with the expedient purpose in connection with the appropriate conservation of the public amenity. As a result, the agreement with the confined points for the Board Determinationwith the unique contribution under s.48(2)(c).

Draft Direction

A draft direction is issued by the Minister for the Environment, Community and Local Government which is useful for the state. Taking into account the sufficient submissions by the Minister, there is a need to comply with the requirements of s.31(1)(c) with the Planning and Development Act 2000. The Draft Direction has the judicial review timelines about the development plans including the consistent relevant to the legal review timelines issued under section 28 of the Planning Development Act. As a result, the program has to be in breach with section 31 of the planning and development act hence negating the practical measures of the environmental report thus preventing the adverse effects for the environmental implementation.

Section 31 of the Act also outlines the fact that the Minister issues a Draft Direction regarding the development plan through the invite submissions. Through the Draft Direction, a report set summarizes the views of the applicant'spresentations as well as recommendations in effect to addressing the requirements of the Act. The Minister intervention is concerned with the decision to active energy development with the concerns of the industry for the proposed final report. The report substantial reduces the energy for the development plan hence providing the strategy as part of the Development Plan. As a result, the guidelines for the final report are considered most appropriate regarding the policies for the strict consideration of the project development plan hence the judicial review for the submissions is based on the obligations to adhere with the timeline for the planning policy. The draft plan complies with guidelines for the ministerial advice hence classification with the commercial development.

Bold Pleanala Oral Hearing

While presiding over An Bord Pleanala oral hearing with some residents available, the opening ensures the An Bord Pleanala team is introduced through the outline of the purpose of the oral hearing as well as the proposed agenda. The attendance is checked by the participants while providing the summary of the requested development plan proposed. The participants must respond to the questions about the procedures. With the residents arriving on the second day and ready to interrupt and make derogatory comments, the written submissions of the case should not be repeated at the oral hearing. Also, the oral submission has to be indicated regarding the agenda so as the participants have a clear and concise understanding of the presentations hence avoiding repetitive argument already made by others (Webb, 2017). Given the right to cut off the participants, I can easily convince the participants with the appropriateoral hearing given the powers to hear evidence with the oath that is rarely used.

Through the questioning based on the agenda, the particular individuals are checked if they made submissions before the Board through the unsolicited submissions with the time allowed for presentation. As a result, the agenda ensures there is cross questioning with the principles of justice observed through the exploration of areas that modify the revised proposals hence presenting the oral hearing with the Board decision.Submitting at an oral conference requires considerable preparation with the focus on the outcome without the repeat of information. Following the instructions an...