| Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála [2024] IESC 28 |
That solar farms are not EIA projects; limits on recharacterisation of internal works as EIA-triggering. |
Cited as authority that the characterisation advanced by Plaintiffs (tracks as roads) had been previously rejected; supported dismissal of EIA ground. |
| Sweetman v. An Bord Pleanála [2020] IEHC 39 |
Relevant authority on EIA and planning judicial review pleading standards. |
Cited in support of precedent that solar projects are generally not EIA projects and pleading requirements for EU-based arguments. |
| Kavanagh v. An Bord Pleanála [2020] IEHC 259 |
Related support on EIA characterisation in planning context. |
Referenced among authorities emphasising that solar farms are not EIA projects. |
| Reilly v. An Coimisiún Pleanála [2025] IEHC 659 |
The "eight-fold" tests for judicial review (jurisdiction, workability, pleading, standing, material before decision-maker, onus, materiality, discretion). |
Adopted as the framework for assessing whether relief should be granted; used to structure the court's analysis. |
| Foran v. An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 |
Referenced as part of judicial review jurisprudence. |
Included among authorities illustrating the judicial review approach to planning decisions. |
| O'Sullivan v. Health Service Executive [2023] IESC 11 |
Limits on re-argument via draft-judgment procedure; guidance on process for draft judgments. |
Quoted regarding the use and restriction of draft judgments; informed procedural directions in the judgment. |
| O'Sullivan v. Sea Fisheries Protection Authority [2017] IESC 75 |
Warnings against treating non-trial administrative procedure as trial-like; limits on procedural expectations. |
Cited in discussion of draft judgment restrictions and process expectations. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58 |
Reasons for restricting publication of draft judgments in interests of administration of justice. |
Applied to justify non-publication direction for the circulated draft judgment. |
| Sweeney v. Fahy [2014] IESC 50 |
Judicial review concerns legality rather than correctness; not an appeal on merits. |
Cited to underline the court's role in reviewing legality not reweighing merits. |
| State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642 |
Support for principle that judicial review is not an appeal on merits. |
Referenced in setting out legal standard for judicial review. |
| Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3 |
Limits of judicial substitution of view; legal standards for review. |
Cited to reinforce that the court does not substitute its view for decision-taker's evaluative judgments. |
| R (Cart) v. Upper Tribunal [2011] UKSC 28 |
Distinguishing legal questions from recharacterised factual attacks. |
Quoted for the proposition that arguments dressed as law may be factual attacks. |
| Stapleton v. An Bord Pleanála & Savona [2025] IEHC 178 |
Recent planning judicial review authority referenced in context. |
Cited among cases illustrating limits on merits review. |
| Moran v. An Bord Pleanála [2025] IEHC 510 |
Support on standards for evaluative judgement and pleading; onus of proof. |
Used to illustrate application of review standards in planning cases and onus allocation. |
| Tesco Stores Ltd v. Secretary of State for the Environment [1995] 1 WLR 759 |
Evaluative judgments weight is for decision-taker. |
Cited to show deference to administrative evaluative judgments. |
| Baby O v. Minister for Justice [2002] IESC 44 |
Authority on evaluative judgments and deference. |
Referenced to support deference principles in planning context. |
| M.E. v. Refugee Appeals Tribunal [2008] IEHC 192 |
On evaluative judgments and standard of review. |
Cited among authorities on deference and evaluation. |
| Heathrow Airport Ltd [2020] UKSC 52 |
Authority on evaluative judgment deference in administrative decisions. |
Referenced for principle that weight is for the decision-maker. |
| Sherwin v. An Bord Pleanála [2024] IESC 13 |
Evaluative judgements with planning content are reviewable on irrationality standard. |
Cited for the standard applicable to planning evaluative judgments. |
| M.R. (Bangladesh) v. International Protection Appeals Tribunal [2020] IEHC 41 |
Decisions must be read in a way that makes sense; avoid hyper-technical invalid readings. |
Cited to support approach that decisions should be read to preserve validity where reasonable. |
| Rostas v. DPP [2021] IEHC 60 |
On reading decisions sensibly; avoiding literalistic invalidation. |
Referenced in reasoning about reading administrative decisions in context. |
| St. Margaret's Recycling v. An Bord Pleanála [2024] IEHC 94 |
Interpretive approach to administrative decisions to avoid invalidation when valid reading exists. |
Used to support sensible reading of Entity A's decision. |
| E.M. v. Minister for Justice and Equality [2024] IESC 3 |
Decision-reading principles to avoid defeating validity. |
Cited in support of overall interpretive approach. |
| Friends of Killymooney Lough v. An Coimisiún Pleanála [2025] IEHC 407 |
Presumption of validity of administrative decisions; treatment of draft directions/plans. |
Relied upon to reject speculative assertions about reliance on certain plan sections. |
| Mulloy v. An Bord Pleanála [2024] IEHC 86 |
Reading decisions to preserve validity. |
Referenced for interpretive principles. |
| O'Donnell v. An Bord Pleanála [2023] IEHC 381 |
Read decisions in their substance; avoid micro-parsing. |
Used to emphasise holistic reading. |
| Save Roscam Peninsula CLG v. An Bord Pleanála (No.6) [2024] IEHC 335 |
Decision-reading and avoidance of semantic quibbles. |
Cited among authorities on approach to administrative decisions. |
| Moore v. Dun Laoghaire Rathdown County Council [2016] IESC 70 |
Distinguishing substance from technicalities; proportionality in relief. |
Referred to when considering whether technical non-compliance warrants certiorari. |
| Save Cork City Community Association CLG v. An Bord Pleanála [2022] IESC 52 |
Discretion and proportionality in quashing decisions for technical procedural error. |
Applied in discretion analysis regarding technical breaches. |
| Watchhouse Cross Shopping Centre v. An Coimisiún Pleanála [2025] IEHC 520 |
Referenced regarding remedial discretion in planning review. |
Cited in support of discretionary refusal of relief for minor defects. |
| Waltham Abbey v. An Bord Pleanála; Pembroke Road Association v. An Bord Pleanála [2022] IESC 30 |
Statutory provisions should have workable interpretation. |
Invoked to support workable reading of s.132/133 regime. |
| McGowan v. An Coimisiún Pleanála [2025] IEHC 405 |
Discretion should avoid unworkable or unenforceable requirements. |
Cited to support need for workable statutory interpretation. |
| An Taisce v. An Bord Pleanála (Kilkenny Cheese) [2022] IESC 8 |
European law should not impose impossibly onerous obligations; standards for EIA/AA challenges. |
Referenced in context of onus and scientific doubt in EIA/AA challenges. |
| A.P. v. Director of Public Prosecutions [2011] IESC 2 |
Applicants are confined to pleadings in judicial review. |
Applied to criticize the Plaintiffs' scattergun pleadings. |
| Khashaba v. Medical Council [2016] IESC 10 |
Pleading standards and limitation on raising unpleaded points. |
Cited to support strict pleading requirements. |
| Casey v. Minister for Housing, Planning and Local Government [2021] IESC 42 |
Pleading stringency in complex EU-related planning challenges. |
Relied on to reject insufficiently particularised EU-law arguments. |
| Eglington Residents Association v. An Bord Pleanála [2025] IEHC 209 |
On fair procedures and public participation timing. |
Cited in discussing Article 8 / public participation principles. |
| Reid v. An Bord Pleanála (No. 7) [2024] IEHC 27 |
Pleading rules in planning judicial review; permissible amendments and particulars. |
Referred to when assessing adequacy of Plaintiffs' pleadings. |
| People Over Wind & Anor v. An Bord Pleanála & Ors (No.1) [2015] IEHC 271 |
Pleading requirements and EU-derived complexities. |
Used to stress stringency of pleadings for EU law claims. |
| Ballyboden Tidy Towns Group v. An Bord Pleanála [2022] IEHC 7 |
Pleading precision and consequences of ambiguity. |
Cited in criticism of scattergun pleadings. |
| Babington v. Minister for Justice Equality and Law Reform & Ors. [2012] IESC 65 |
Critique of repetitive and vague pleadings. |
Quoted to describe risks of scattergun pleadings. |
| Eco Advocacy CLG v. An Bord Pleanála (No. 4) [2023] IEHC 713 |
Standard for acceptable clarity in EU-law pleadings. |
Cited to show that specific EU provisions need not be enumerated if identifiable with clarity. |
| Kennedy & Anor. v. An Bord Pleanála [2024] IEHC 570 |
Pleading standards and need for acceptable clarity. |
Referenced in pleading analysis. |
| Leech v. An Bord Pleanála [2024] IEHC 599 |
On acceptable clarity in pleadings. |
Cited in support of pleading standards. |
| Mount Salus Residents' ... v. An Bord Pleanála [2025] IEHC 14 |
Pleading clarity standard (illustrative). |
Referenced in pleading jurisprudence. |
| Carvill v. An Bord Pleanála [2025] IECA 84 |
Court should address pleading objections before accepting points. |
Invoked concerning developed pleading objections. |
| H.A. v. Minister for Justice [2022] IECA 166 |
On shifting onus where applicant demonstrates error. |
Cited to explain onus shifting to opposing parties once error demonstrated. |
| R v. Crischuk 2010 BCSC 716 |
Onus of proof in environmental assessment challenges. |
Used to state that applicants bear onus to prove EIA/AA deficiencies, typically by expert evidence. |
| Reid v. An Bord Pleanála (No. 1) [2021] IEHC 230 |
Onus in AA/EIA context and demonstration by evidence. |
Cited to support principle that applicants must establish scientific or factual shortcomings by evidence. |
| Carrownagowan Concern Group v. An Bord Pleanála [2024] IEHC 300 |
Onus and evidential requirements in environmental assessment challenges. |
Referenced for evidential standards in EIA/AA challenges. |
| Nagle View Turbine Aware Group v. An Bord Pleanála [2024] IEHC 603 |
Applicants bear burden to establish scientific/factual shortcomings in EIA/AA. |
Cited to reinforce that point. |
| Eco Advocacy v. An Bord Pleanála [2025] IESCDET (ref) |
On reasons sufficient to dispel scientific doubt in AA/EIA context. |
Referred to for sufficiency of reasons standard in AA/EIA assessments. |
| Byrnes v. Dublin City Council [2017] IEHC 19 |
Non-compliance with regulations does not automatically lead to certiorari; discretion applies. |
Applied in discretion analysis when considering quashing permission for technical defects. |
| Pembroke Road Association v. An Bord Pleanála [2021] IEHC 403 |
Discretion in quashing decisions for technical non-compliance. |
Used to support discretionary refusal of certiorari. |
| Ballyboden Tidy Towns Group v. An Bord Pleanála [2023] IEHC 722 |
On discretionary remedies and pleading requirements. |
Cited in analysis of discretion and remedial proportionality. |
| Heather Hill Management Company CLG v. An Bord Pleanála [2022] IESC 43 |
Interpretation of s.132/133 and conformity with EU law obligations; conforming interpretation principle. |
Relied upon to show Entity A's lawful scope under s.132/133 and duty to interpret legislation compatibly with EU obligations. |
| Cummins v. An Coimisiún Pleanála [2025] IEHC 521 |
Recent authority distinguishing access tracks from roads for EIA purposes. |
Relied upon by Entity A and Company A; Court treated Cummins as persuasive in concluding tracks were not EIA-triggering roads. |
| Okunade v. Minister for Justice [2018] IESC 56 |
Judicial review is not an exercise in formalism; balanced assessment required. |
Invoked to frame the court's holistic assessment of Entity A's decision. |
| Additional domestic and EU authorities cited in text (various) |
Support for general principles on pleading, onus, discretion, public participation and climate policy context. |
Collected and applied throughout the judgment to inform the court's multi-faceted analysis. |