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Connolly and Anor v An Coimisiun Pleanala and Ors (Approved)
Factual and Procedural Background
The Applicant sought judicial review of the Respondent's decision of 17 July 2025 granting approval under section 182A/182B of the Planning and Development Act 2000 for a 220 kV electricity substation and associated grid connection intended to serve a proposed solar farm. The application to the Respondent for approval was made by Company A on 18 December 2024. Company A had earlier applied to the local planning authority for the solar farm (ref. 24/5630) and that application proceeded separately; after an initial refusal by the planning authority, Company A appealed and permission for the solar farm was ultimately granted on 19 February 2026. An inspector recommended approval of the substation application, the Respondent adopted that recommendation and made an order granting approval subject to conditions on 17 July 2025. The Applicants filed these proceedings on 9 September 2025 and obtained leave on 29 September 2025. The hearing took place on 27 March 2026 and judgment was delivered by Judge Humphreys on 17 April 2026.
Legal Issues Presented
- Whether the Respondent erred in law in its interpretation and application of the Cork County Development Plan 2022-2028 (zoning), in particular whether the application site was subject to an express "Agriculture (AG)" zoning or to a deemed agricultural zoning and whether any misinterpretation or failure to have regard to the Plan invalidated the decision.
- Whether the Respondent acted unlawfully by determining the substation and grid-connection application while the associated solar farm application remained pending (prematurity / consent-in-parts), and whether the Respondent failed to give adequate reasons for how it treated the inspector's recommendation to "consider the status" of the solar farm application.
- Whether the Respondent misapplied specific Development Plan objectives (ET 13-14 and ET 13-21) by treating them as unqualified policy support for the substation despite the conditional nature of those objectives and the absence, at the time, of a consent for the linked solar farm.
Arguments of the Parties
Applicants' Arguments
- The Respondent misinterpreted the Development Plan by failing to apply Objective ZU 18-4 (deemed zoning) to treat the lands as subject to Agriculture (AG) zoning and thereby failed to have proper regard to Objective ZU 18-19 and section 18.3.45 which protect agricultural land.
- The Respondent failed to address the inspector's recommendation to consider the status of the pending solar farm application and failed to give reasons for proceeding while that application remained undetermined, rendering the decision premature and unlawful.
- The Respondent misapplied ET 13-14 and ET 13-21 by relying on renewable energy policy benefits without properly engaging with the conditionality of those policies and the environmental safeguards required; the substation has no independent planning utility absent the solar farm.
Respondent's Arguments
- The Respondent lawfully interpreted the Development Plan: the site was not covered by a specific labelled land-use zoning objective on the maps; ZU 18-4 establishes residual/deemed zoning distinct from the express Agriculture (AG) zoning and the Respondent had regard to the Plan.
- The Respondent had jurisdiction to determine the s.182A application notwithstanding the pending solar farm application; no legal prohibition required suspension and the inspector's note to "consider the status" did not require deferral.
- The Respondent properly applied and had regard to relevant Development Plan objectives (including ET 13-14 and ET 13-21) and environmental assessments; no legal error or failure of reasons was established by the Applicants.
Company A's Arguments (Notice Party)
- The site was not subject to an express Agriculture (AG) zoning objective; the Planning Authority's mapped AG zoning relates to lands adjacent to settlements and does not equate to agricultural use across all rural lands.
- The inspector recommended approval and the Respondent followed that recommendation; references to prior permissions and the dual-consent context were relevant and lawful.
- Even if an error were arguable, the Respondent's decision should be upheld on discretionary grounds given the project's contribution to renewable energy objectives and national climate policy.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála [2024] IESC 28 | The principle that an overall development can lawfully be consented in parts. | Adopted as authority supporting the proposition that multi-stage consents are permissible and that prematurity objections cannot be elevated into a categorical bar to consenting parts. |
| Reilly v. An Coimisiún Pleanála [2025] IEHC 659 | Outlined an eight-fold cumulative test for relief by way of judicial review. | Applied in summarising the legal tests the Applicants had to satisfy (jurisdiction, workability, pleading, standing, material before decision-taker, onus, materiality of error, discretion). |
| Foran v. An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 | Referenced as recent authority in the context of judicial review requirements. | Placed alongside Reilly to support the court's articulation of the tests for relief. |
| O'Sullivan v. Health Service Executive [2023] IESC 11 | Guidance on draft judgments and limits on reargument in draft stage (quoted in draft-judgment procedure discussion). | Cited when explaining the court's draft judgment procedure and restrictions on parties' responses to drafts. |
| O'Sullivan v. Sea Fisheries Protection Authority [2017] IESC 75, [2017] 3 I.R. 751, [2018] 1 I.L.R.M. 245 | Quoted regarding the danger of treating administrative procedures as if they required criminal-trial-like procedures. | Used to caution against procedural overreach by parties when engaging with draft judgments. |
| Attorney General v. Crosland (No. 2) [2021] UKSC 58, [2022] 1 W.L.R. 367 | Discusses reasons for restricting publication of draft judgments. | Cited in support of the court's direction that draft judgments are confidential and not for publication. |
| Baigent v. Random House Group Ltd [2006] EWHC 1131 | Authority referenced in discussion of publication of drafts. | Used as supporting authority in the general discussion on confidentiality of draft judgments. |
| R. (Counsel General for Wales) v. Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 | Cited in relation to publication and procedural matters. | Referenced in the court's discussion on draft judgments and confidentiality. |
| Public Institution for Social Security v. Banque Pictet & Cie SA and others [2022] EWCA Civ 368 | Referenced on publication/confidentiality topics. | Used in same context as other authority on draft judgments. |
| Itkin v. Wood [2023] JRC 101 | Mentioned with other authority on draft judgments. | Referenced in support of directions on confidentiality of draft judgments. |
| Sweeney v. Fahy [2014] IESC 50 | Judicial review concerns legality not correctness; not an appeal on merits. | Applied to emphasize that the court reviews legality rather than substituting its own merits assessment. |
| State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642 | Similar proposition on the nature of judicial review (legality). | Cited to support the proposition that review is not a merits appeal. |
| Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3 | On the scope of judicial review and standards applicable. | Referred to when stating that courts should not substitute their view for that of the decision-taker. |
| R (Cart) v. Upper Tribunal [2011] UKSC 28, [2012] 1 AC 663 | On the distinction between law and fact/merit in review. | Cited to warn against dressing up merits arguments as points of law. |
| Stapleton v. An Bord Pleanála & Savona [2025] IEHC 178 | Recent planning-review authority. | Referenced in emphasizing limits of judicial review in planning contexts. |
| Moran v. An Bord Pleanála [2025] IEHC 510 | Cited on matters including evaluative judgment and presumption of validity. | Used to support points about deference to planning evaluative judgments and onus of proof. |
| R (Hoareau and Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs [2019] EWHC 221 (Admin), [2019] 1 W.L.R. 4105 | Cited for the proposition that judicial review is not "politics by another means". | Used to stress separation of powers and limits on judicial intervention in policy choices. |
| Sinnott v. Minister for Education [2001] IESC 63 | Separation of powers; policy choices for other branches. | Referenced to emphasise restraint of courts in policy matters. |
| T.D. v. Minister for Education [2001] IESC 101, [2001] 4 I.R. 259 | Similar constitutional principle on separation of powers. | Cited in the same context. |
| B. v. Child & Family Agency & Ors. [2025] IESC 2 | Referencing respect for other branches' policy choices. | Used in the general discussion on judicial restraint. |
| United States v Butler (1936) 297 US 1 | Quoted as an illustration of judicial restraint regarding policy. | Referenced rhetorically in the discussion on separation of powers. |
| Re SC [2021] UKSC 26, [2022] AC 223 | Cited cautioning expansive application of equality guarantees. | Referenced to limit expansive judicial intervention in policy matters. |
| Tesco Stores Ltd v. Secretary of State for the Environment [1995] 1 WLR 759 | Weight given to evaluative judgment is for the decision-taker. | Cited to support deference to planning authorities on evaluative matters. |
| Baby O v. Minister for Justice [2002] IESC 44, [2002] 2 I.R. 169 | On evaluative judgments for decision-makers. | Referred to when discussing allocation of evaluative judgments to decision-takers. |
| M.E. v. Refugee Appeals Tribunal [2008] IEHC 192 | On deference to decision-makers on weighting evidence. | Used as authority for the court's deference to planning evaluative judgments. |
| Heathrow Airport Ltd [2020] UKSC 52 | On evaluative judgment and deference. | Cited to support the court's approach to evaluative issues. |
| Sherwin v. An Bord Pleanála [2024] IESC 13 | Evaluative judgments in planning are reviewable on irrationality where not tainted by legal error. | Cited to frame the standard of review for planning evaluative judgments. |
| Graymount House Action Group v. An Bord Pleanála [2024] IEHC 327 | On reviewability of planning judgments. | Referenced on standards applicable to evaluative judgments. |
| M.R. (Bangladesh) v. International Protection Appeals Tribunal [2020] IEHC 41 | Decisions should be read to make sense; avoid reading in most erroneous way possible. | Applied to insist decisions read reasonably and in the round rather than parsed hyper-technically. |
| Rostas v. DPP [2021] IEHC 60 | On reading decisions sensibly. | Cited in support of reading administrative decisions in a way that makes sense. |
| St. Margaret's Recycling v. An Bord Pleanála [2024] IEHC 94 | Warnings against hyper-technical parsing of decisions. | Used to underline the court's approach to interpreting planning decisions pragmatically. |
| Duffy v. An Bord Pleanála [2025] IEHC 715 | Examples of addressing sub-optimal wording without invalidating decisions. | Applied to support the proposition that unhelpful wording is not necessarily fatal if a valid reading exists. |
| E.M. v. Minister for Justice and Equality [2024] IESC 3 | Interpretation of decisions should aim for a valid reading where possible. | Referenced to justify a non-technical reading of the Development Plan text. |
| Mulloy v. An Bord Pleanála [2024] IEHC 86 | Support for reading decisions in a valid way. | Cited alongside other authorities on reasonable reading of decisions. |
| O'Donnell v. An Bord Pleanála [2023] IEHC 381 | On reading decisions in context and standing back to see what decision is fundamentally saying. | Used to emphasise holistic reading of the Respondent's decision. |
| Save Roscam Peninsula CLG v. An Bord Pleanála (No. 6) [2024] IEHC 335 | As an example of reading decisions in context. | Referenced in support of interpretative approach. |
| R (Blewett) v. Derbyshire County Council [2003] EWHC 2775 (Admin), [2004] Env. L.R. 29 | Against legalistic over-parsing of decisions. | Used to caution against micro-analysis of administrative texts. |
| G.T. v. Minister for Justice, Equality and Law Reform [2007] IEHC 287 | On avoiding word-for-word parsing to find technical invalidity. | Cited to support the court's refusal to quash on insubstantial textual infelicities. |
| A.I.M.Z. v. Refugee Applications Commission & Ors. [2008] IEHC 420 | Similar caution against over-parsing. | Cited in the general methodological discussion. |
| S.A. v. Refugee Appeals Tribunal & Anor. [2009] IEHC 383 | On approach to analysing decisions. | Used in methodology section. |
| Obuseh v. Minister for Justice, Equality and Law Reform & Ors. [2010] IEHC 93 | On reading decisions in context. | Referenced for interpretative approach. |
| Bondo v. Minister for Justice & Ors. [2012] IEHC 454 | Decision-reading methodology. | Used in the same vein as other authorities. |
| P.M. v. Refugee Appeals Tribunal [2014] IEHC 497 | On not elevating technicalities to grounds for relief. | Applied in the court's discretion discussion. |
| O.S. v. Refugee Appeals Tribunal [2015] IEHC 839 | On approach to complaints about decision wording. | Referenced in methodological discussion. |
| X.E. v. International Protection Appeals Tribunal [2018] IEHC 402 | Method of reading decisions. | Used among other authorities on reading decisions sensibly. |
| B.D.C. (Nigeria) v. International Protection Appeals Tribunal [2018] IEHC 460 | Similar methodological authority. | Referenced in support of general approach. |
| Okunade v. Minister for Justice [2018] IESC 56 | Judicial review not an exercise in pointless formalism. | Applied to support proportionality in remedy decisions. |
| Watchhouse Cross Shopping Centre v. An Coimisiún Pleanála [2025] IEHC 520 | Example of proportionality and discretion in planning JR. | Referenced in discussion on when to exercise discretion. |
| Waltham Abbey v. An Bord Pleanála; Pembroke Road Association v. An Bord Pleanála [2022] IESC 30 | Statutory provisions should be read to produce a workable interpretation. | Applied when construing the Development Plan to avoid incongruous readings. |
| Frescati Estates Ltd v Walker [1975] IR 177 | Historic support for workable interpretation of planning legislation. | Referenced in support of workability principle. |
| In re Murphy [1977] IR 243 | Example where unworkable statutory interpretation was rejected. | Used to reinforce workability principle. |
| 100 Meter Tall Group v. An Bord Pleanála [2025] IESCDET 85 | On interpreting statutory words in a manner consistent with the essence of the provision and on AA/EIA principles. | Cited for the proposition that statutes should be given workable meanings and on appropriate assessment principles. |
| Kellystown Co. v. Hogan [1985] I.L.R.M. 200 | On favoring interpretations that accord with essence of provision. | Referenced in support of workable reading of statutes and plans. |
| McGowan v. An Coimisiún Pleanála [2025] IEHC 405 | On construing discretionary powers and workability. | Used to reject an interpretation that would impose unworkable obligations. |
| An Taisce v. An Bord Pleanála (Kilkenny Cheese) [2022] IESC 8 | European law should not be read to impose impossibly onerous obligations. | Cited to resist over-stringent interpretations of EU law obligations in planning. |
| Cork County Council v. Minister for Housing, Local Government and Heritage (No. 1) [2021] IEHC 683 | On the applicant bearing the onus of proof in judicial review. | Applied to emphasise presumption of validity and that Applicants carry the onus. |
| Monkstown Road Residents Association v. An Bord Pleanála [2022] IEHC 318 | On onus of proof in judicial review. | Referenced to support that Applicants must discharge the evidential burden. |
| O'Doherty and Waters v. Minister for Health [2022] IESC 32 | On onus and presumption of validity even in constitutional challenges. | Applied to underscore Applicant's evidential obligations. |
| Campus Oil v. Minister for Industry and Energy (No. 2) [1983] I.R. 88 | Presumption of validity of administrative decisions. | Quoted in support of the presumption of validity for administrative decisions. |
| Grassridge v. Dun Laoghaire Rathdown County Council [2024] IEHC 669 | On presumption of validity and onus. | Referenced in the discussion on onus of proof. |
| H.A. v. Minister for Justice [2022] IECA 166 | Where an error is demonstrated, onus may shift to opposing parties to show harmlessness. | Cited for the principle that proven errors shift onus to others to show harmlessness. |
| R v. Crischuk, 2010 BCSC 716 | On evidential burden in environmental assessment challenges. | Used to support that applicants must show AA/EIA defects by evidence. |
| Reid v. An Bord Pleanála (No. 1) [2021] IEHC 230 | On demonstrating defects in AA/EIA by evidence. | Applied when discussing the evidential burden for environmental assessment challenges. |
| Carrownagowan Concern Group v. An Bord Pleanála [2024] IEHC 300 | On need for evidence to show defects in AA/EIA. | Cited to affirm the evidential onus in environmental challenges. |
| Salmon Watch Ireland, Inland Fisheries Ireland, Sweetman & Ors. v. Aquaculture Licences Appeals Board & Ors. [2024] IEHC 421 | On evidential requirements in environmental cases. | Referenced to support need for evidential proof of defects. |
| Nagle View Turbine Aware Group v. An Bord Pleanála [2024] IEHC 603 | Scientific and factual shortcomings in EIA/AA must be established by applicant. | Cited to reinforce the applicant's burden to produce evidence of shortcomings. |
| Minoa Ltd v. An Bord Pleanála [2024] IEHC 704 | As to evidential burdens and assessment of expertise. | Referenced in that evidential context. |
| Ó Murthuile v. An Bord Pleanála [2025] IEHC 498 | On evidential requirements. | Used as further authority on evidential onus. |
| Oxigen v. An Coimisiún Pleanála [2025] IEHC 632 | On proving lack of expertise and evidential matters. | Referenced in the onus discussion. |
| Donegal County Council v. Planree [2024] IECA 300 | Analogous authority on evidential issues. | Used to support evidential propositions. |
| Massey v. An Bord Pleanála (No. 2) [2025] IEHC 206 | On admissibility of non-expert views and evidential conflict resolution. | Cited to caution against admitting non-expert opinion in place of expert evidence. |
| Eco Advocacy v. An Bord Pleanála [2025] IESCDET 74 | Illustrates need to displace decision-taker's conclusion evidentially regarding AA. | Applied to show that Applicants had not displaced Respondent's AA conclusion by evidence. |
| Eco Advocacy CLG v. An Bord Pleanála & Statkraft [2025] IEHC 15 | On AA/EIA evidential standards. | Referenced as consistent authority on evidential burden. |
| Concerned Residents of Coolkill v. An Bord Pleanála & Midsal Homes [2025] IEHC 265 | Environmental assessment jurisprudence reference. | Used in support of evidential principles. |
| Harrington v. An Bord Pleanála [2014] IEHC 232 | On assertion not creating scientific doubt for AA purposes. | Cited to reject mere assertion as sufficient to create doubt in AA context. |
| Duffy v. An Bord Pleanála [2024] IEHC 558 | On assertion not creating scientific doubt. | Referenced similarly here. |
| Joyce Kemper v. An Bord Pleanála [2020] IEHC 601 | Mere assertion not enough to discharge onus. | Applied to the Applicants' evidential shortcomings. |
| Murphy v. An Bord Pleanála [2024] IEHC 59 | Mere assertion insufficient; evidential demands. | Used to support the court's conclusion on evidential failure. |
| RAS Medical Ltd v. Royal College of Surgeons in Ireland [2019] IESC 4 | Where conflict of admissible evidence exists without cross-examination, it is generally resolved against the party carrying the onus. | Cited to explain how conflicts in evidence are treated when the Applicant carries onus. |
| Re Bayview Hotel (Waterville) [2022] IEHC 516 | On cross-examination and resolving evidential conflicts. | Referenced in evidential discussion. |
| Koulibaly v. Minister for Justice, Equality and Law Reform [2004] IESC 50 | On the court's discretion to prefer certain evidence. | Used to note that courts are not constrained to accept the only available account. |
| Tesco Ireland Limited v. Stateline Transport Limited [2024] IECA 46 | Court is not obliged to accept expert evidence absent cross-examination. | Cited when discussing evaluation of expert evidence. |
| Dun Laoghaire Rathdown County Council v. Westwood Club Ltd [2019] IESC 43 | Judicial review is discretionary. | Used to explain discretion inherent in judicial review remedy. |
| O'Connell v. Behan [2021] IECA 186 | Discretion at leave and substantive stages; claimant conduct relevant. | Cited to outline factors relevant to exercise of discretion (conduct, practical value, proportionality). |
| G. v. DPP [1994] 1 I.R. 374 | Discretionary nature of judicial review; procedural aspects. | Referenced in the discretion discussion. |
| De Róiste v. Minister for Defence [2001] IESC 4 | Discretionary aspects of remedies. | Used to support discretion commentary. |
| Amariei v. Chief Appeals Officer [2026] IESC 22 | On principles governing exercise of discretion. | Cited for limits and principles when refusing relief in discretion. |
| Byrnes v. Dublin City Council [2017] IEHC 19 | Jurisdictional infirmity does not automatically lead to certiorari; discretion applies. | Applied by analogy to planning processes and discretionary refusal of relief. |
| Pembroke Road Association v. An Bord Pleanála [2021] IEHC 403 | Similar discretion principles in planning JR. | Referenced in discretion discussion. |
| Ballyboden Tidy Towns Group v. An Bord Pleanála [2023] IEHC 722 | Discretion to refuse quashing even if some procedural defect existed. | Cited to show the court may refuse relief where alternative remedies or other factors make certiorari inappropriate. |
| Ballyboden Tidy Towns Group v. An Bord Pleanála [2024] IESC 4 | Supreme Court authority on the court's discretion to refuse relief. | Supported the proposition that the court retains discretion even where an error is shown. |
| S. v. Minister for Justice and Equality [2025] IESC 48 | On alternative remedies and discretion. | Referenced in the context of exhaustion of alternative remedies. |
| A.B. v Chief International Protection Officer & Ors [2026] IESC 23 | Exceptions to the rule requiring exhaustion of alternative remedies. | Cited when discussing when judicial review may proceed despite alternative remedies. |
| Kelly v. Minister for Agriculture [2021] IESC 62 | Court is not "at large" when exercising discretion; must respect legal values. | Used to explain constraints on the court's discretion. |
| Christian v. Dublin City Council [2012] IEHC 163 | On circumstances allowing court to withhold an otherwise justified order for important legal values. | Applied to outline limits on exercise of discretion. |
| Protect East Meath v. Meath County Council [2026] IESC 1 | Example on proportionality and futility of remedies. | Referenced when discussing practical value of remedy. |
| Reid v. An Bord Pleanála (No. 7) [2024] IEHC 27 | On proportionality and importance of the breached provision. | Used in the proportionality/discretion analysis. |
| Wild Ireland Defence v. An Coimisiún Pleanála [2025] IEHC 726 | Contextual reference to climate emergency. | Referenced when discussing the climate-law context and urgency of renewable infrastructure. |
| Coolglass v. An Coimisiún Pleanála [2026] IESC 5 | On domestic law's climate obligations. | Cited in the court's discussion of statutory climate obligations. |
| R. (Ashchurch) v. Tewksbury Borough Council [2023] EWCA Civ 101 | Illustrates that attributing weight to contingent benefits without considering possible harms can be irrational. | Distinguished: treated as an extreme case; court held it did not establish a general requirement to consider every contingency in all cases. |
Court's Reasoning and Analysis
The court proceeded by reference to established principles governing judicial review and planning law, applying those principles to the facts without inventing obligations not found in statute or caselaw.
On zoning (Core Ground 1) the court construed the Development Plan text purposively and practically. The court held that the Plan's ZU 18-4 operates to create a residual or deemed zoning based on existing authorised use distinct from the express Agriculture (AG) zoning that is specifically labelled and mapped. The court regarded a minor typographical error in the Plan text as such and read the Plan in a workable manner. The court concluded the Respondent did not misinterpret the Plan, had regard to the Plan and that the Applicants had not discharged the onus to show any legal error arising from the Plan's treatment. The court also noted the factual context that the proposed works included grid connections along roads and that the solar farm's design allowed for continued grazing, reducing the Applicants' case that the substation was fundamentally inconsistent with agricultural use.
On prematurity and consent-in-parts (Core Ground 2) the court reaffirmed that parts of an overall development can be consented separately (relying on Treascon). The Respondent was entitled to determine the s.182A application notwithstanding the pending planning authority process for the solar farm. The court found that the inspector had recommended approval and merely asked that the Respondent "consider the status" of the solar farm application; the Respondent was aware of and had regard to that status. The Applicants did not prove a legal requirement to defer determination pending a separate application, and the court rejected an asserted bright-line rule requiring "reasonable certainty" of other stages before consenting any part.
On misapplication of Development Plan objectives (Core Ground 3) the court found that the Respondent properly considered the relevant pro-renewables policies (ET 13-14 and ET 13-21) and environmental safeguards; the Applicants had not shown legal error in the Respondent's use of those objectives. The court treated the Applicants' challenge largely as a merits disagreement rather than a point of law and held Applicants had not met the evidential onus to show a legal misapplication.
On general evidential and remedial principles the court reiterated that the onus of proof lies with the Applicant in judicial review, that mere assertion does not suffice to create scientific doubt in AA/EIA contexts, and that even if a technical or procedural error had been shown, the court's discretion could justify refusal to quash, particularly given the public-law importance of renewable infrastructure and relevant EU and domestic climate obligations.
Holding and Implications
DISMISSED
Holding: The court dismissed the proceedings and refused the reliefs sought by the Applicants. The court concluded there was no legal error in the Respondent's interpretation of the Development Plan, no obligation to defer determination of the s.182A application pending the solar farm application, and no misapplication of the cited Development Plan objectives.
Implications: The direct effect is that the Respondent's order granting approval for the substation and grid connection remains in force subject to the conditions set out in that order; the Applicants' certiorari claim failed and (absent any contrary application within the procedural window) no order as to costs was to be made. The judgment applies established principles on plan interpretation, the onus of proof in environmental challenges, consent-in-parts permissibility and the discretionary nature of judicial review; it did not purport to set novel precedent beyond applying those principles to the facts before the court.
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