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Rural Residents Wind Aware and Environmental Group & Ors v An Coimisiun Pleanala & Ors (No. 3)

Smart Summary

Summary of Judgment — High Court (Planning & Environment)

Factual and Procedural Background

The Applicants challenged a minor amendment to an existing planning permission. An inspector and the Planning Authority considered the amendment acceptable. The Applicants brought judicial review proceedings; the High Court delivered principal judgments on 6 November 2025 and 6 March 2026 addressing various grounds of challenge. Certain grounds were dismissed at those hearings, with a remaining issue on declaratory relief to be addressed after further submissions. The Applicants sought leave to appeal the High Court's refusal of relief in respect of the amending permission. Judge Humphreys delivered the judgment refusing leave to appeal on 15 May 2026. The Notice Party in the proceedings is Company A.

Legal Issues Presented

  1. Whether, for the purposes of s.146B(1) of the Planning and Development Act 2000, the phrase "alter the terms of the development" was properly interpreted by the High Court in the context of an amendment permitting turbines in different locations, ancillary infrastructure and the felling of forestry without public participation.
  2. What test is to be used under s.146B to determine whether an alteration of the terms of a development constitutes a "material alteration" and whether that test was properly applied in the proceedings below.

Arguments of the Parties

Applicants' Arguments

  • The Applicants contended that the meaning of "alter the terms of the development" under s.146B(1) was unresolved and that the amendment at issue involved substantive changes (two turbines in new locations, forestry felling, ancillary works) effected without public participation.
  • The Applicants sought certification for appeal on grounds of exceptional public importance concerning the statutory meaning of "terms" and the test for materiality under s.146B.

Respondents' (Planning Authority) Arguments

  • The Planning Authority submitted the High Court had expressly resolved the meaning of "alter the terms of the development", holding the statutory language is broad, not confined to conditions, and that materiality is the limiting principle.
  • It was submitted the Applicants mischaracterised the judgment, sought to reargue facts decided at trial, and had not identified any real doubt warranting appellate consideration.
  • The Planning Authority argued there was no public interest in further appeal given finality principles and absence of legal uncertainty.

Notice Party (Company A) Arguments

  • The Notice Party submitted there was no authority supporting the Applicants' restricted meaning of "terms" and that the Applicants had accepted in primary submissions that "terms" includes conditions, undermining their proposed interpretation.
  • The Notice Party contended the Applicants failed to discharge the onus of proving materiality and impermissibly sought to relitigate factual findings.
  • The Notice Party emphasised public interest in avoiding delay to a renewable energy project and the non-compensatable prejudice of further delay.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Rooney v. Minister for Agriculture and Food [2016] IESC 1 Warning against "litigious perpetual motion" and inappropriate repeated appeals. Quoted to illustrate the court's reluctance to permit further appeals where no significant new question of law arises.
Rural Residents Wind Aware and Environmental Group v. An Coimisiún Pleanála (I) [2025] IEHC 600 This judgment is part of the procedural history of the present proceedings. Recorded as the earlier High Court dismissal of certain grounds in the parent permission challenge.
Rural Residents Wind Aware and Environmental Group v. An Coimisiún Pleanála (I) (No. 2) [2026] IECH 135 This judgment is part of the procedural history of the present proceedings. Recorded as dismissal of remainder of grounds in the parent permission challenge.
Rural Residents Wind Aware and Environmental Group v. An Coimisiún Pleanála (II) [2025] IEHC 601 This judgment is part of the procedural history of the present proceedings. Recorded as the dismissal of certain grounds in the challenge to the amending permission.
Rural Residents Wind Aware and Environmental Group v. An Coimisiún Pleanála (II) (No. 2) [2026] IEHC 136 This judgment is part of the procedural history of the present proceedings. Recorded as dismissal of core ground 7 and part dismissal of core ground 6 with remaining issue on SPA objectives.
Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála & Ors. [2024] IESC 28 The question must fall within the pleadings to be suitable for appeal. Applied as a principle that points not within the pleadings are generally unsuitable for appeal.
Leech v. An Bord Pleanála [2025] IESCDET 106 Issues of pleading and alleged misinterpretation of a decision are usually case specific and not matters of law of public importance. Used to support the proposition that issues about pleading and interpretation are typically unsuitable for certification.
Minister for Justice and Equality v. Andrzejczak (No. 2) [2018] IEHC 11 Question must actually arise on the facts and not be launched in the abstract. Referenced to emphasise the need for issues to arise concretely from the facts.
GOCE Limited v. An Bord Pleanála [2025] IEHC 43 Question raised must actually have been argued below. Cited as authority that new issues formulated for appeal are generally unsuitable.
S.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 646 The point should make a difference to the outcome; appeals should not be pursued where they would not change results. Applied to require that proposed questions be determinative and consequential.
Morehart v. An Bord Pleanála [2025] IEHC 701 Support for principle that appeal questions should make a difference to the outcome. Referenced in discussing determinative nature of an appeal point.
Monkstown Road Residents Association v. An Bord Pleanála [2023] IEHC 9 Questions must accurately reflect the judgment and not be additions or distortions; emphasises rarity of certification. Applied to criticise Applicants' mischaracterisation of the High Court's judgment and to stress confining appeals to appropriate points.
Stapleton v. An Bord Pleanála [2025] IEHC 178 Question should be specific and not an invitation to an appellate court to write a discursive essay. Used to support requirement for specificity in proposed questions for appeal.
Cooper v. An Bord Pleanála [2025] IESCDET 96 Applicant's misunderstanding of the legal situation does not amount to a matter of public importance. Applied to reject arguments based on misunderstanding as insufficient for certification.
B.S. v. Director of Public Prosecutions [2017] IESCDET 134 Points that are mixed questions of law and fact are generally unsuitable for appeal. Referenced to support that application of law to facts is not a pure question of law for appeal.
Halpin v. An Bord Pleanála [2020] IEHC 218 Illustrates limits on appeals where issues are application of law to facts. Used analogously for the same proposition.
Rushe v. An Bord Pleanála [2020] IEHC 429 Demonstrates that questions about application of law to particular facts are generally unsuitable for appeal. Referenced for that principle.
Stanley v. An Bord Pleanála [2022] IEHC 671 Supports principle that appeals should not concern application of established principles to particular facts. Referenced in this context.
Eco Advocacy CLG v. An Bord Pleanála, Keegan Land Holdings Limited, An Taisce - The National Trust for Ireland and Client Earth AISBL [2024] IESCDET 62 Discusses limits on appeals where questions are application of law to facts and relevance of public interest in resolving doubt. Referenced to support restriction of appeals to proper legal questions and to note public interest factors.
Nagle View Turbine Aware Group v. An Bord Pleanála (No. 2) [2025] IEHC 3 Where law is not uncertain, public interest suggests an appeal is not warranted; nature of project and delays factor into public interest. Applied to the public interest assessment in refusing certification.
Callaghan v. An Bord Pleanála [2015] IEHC 493 The mere novelty of a point does not make it suitable for appeal. Used to reject novelty as a standalone basis for certification.
Maguire T/A Frank Pratt & Sons (No. 2) [2023] IEHC 209 Disagrees with a conclusion does not render the law uncertain. Applied to caution against treating disagreement as sufficient uncertainty for appeal.
Carrownagowan Concern Group v. An Bord Pleanála [2025] IESCDET 8 Reference to limits on requests for CJEU reference where points are otherwise unsuitable. Applied to indicate that mere inclusion of a CJEU reference request does not make a point suitable for appeal.
Carrownagowan Concern Group v. An Bord Pleanála [2025] IESCDET 9 As above. As above.
Cork Harbour Alliance for a Safe Environment v. An Bord Pleanála [2022] IEHC 231 Statutory objective of finality, certainty and expedition in planning judicial review. Applied to emphasise the legislative aim that planning cases should generally be finalised without repeated appeals.
Freeney v. An Bord Pleanála [2025] IEHC 36 Contextual support for finality and expedition in planning cases. Referenced in discussing public interest and finality.
Phoenix Rock Enterprises v. An Bord Pleanála & Ors. [2023] IESCDET 97 Evidence required to support assertions of practical difficulties arising from a judgment. Applied to require evidential basis for claims of systemic problems.
McCaffrey v. An Bord Pleanála [2024] IEHC 476 Example of refusal of leave to appeal in a fact-specific context; leave to appeal refused subsequently. Referenced to illustrate limits on appellate review where thresholds not met.
McCaffrey v. An Bord Pleanála [2024] IESCDET 145 Leave to appeal refused (post-High Court refusal). Referenced as authority for refusal of certification where criteria unmet.
R.A. v. Refugee Appeals Tribunal [2015] IEHC 830 If solid case for leave exists it will be granted; examples of grants. Referenced to note that the court will grant leave where appropriate but will not certify superfluous issues.
B.W. v. Refugee Appeals Tribunal [2015] IEHC 833 As above. As above.
K.R.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 421 As above. As above.
S.T.E. v. Minister for Justice and Equality [2016] IEHC 544 As above. As above.
R.A. v. Refugee Appeals Tribunal (No. 3) [2016] IEHC 671 As above. As above.
B.S. (India) & Anor. v. Minister for Justice and Equality & Ors. (No. 3) [2020] IEHC 485 As above (examples of leave granted when appropriate). Referenced for that contextual point.
Dublin City Council v. An Bord Pleanála (No. 2) [2021] IEHC 34 As above. As above.
Waltham Abbey Residents Association v. An Bord Pleanála [2021] IEHC 597 As above. As above.
Sweetman v. An Bord Pleanála (Sweetman XVII) (No. 2) [2021] IEHC 662 As above. As above.
Save Roscam Peninsula CLG v. An Bord Pleanála (No. 2) [2022] IEHC 328 As above. As above.
Joyce-Kemper v. An Bord Pleanála (No. 5) [2022] IEHC 349 As above. As above.
Kerins v. An Bord Pleanála (No. 5) [2023] IEHC 280 As above. As above.
Coolglass Wind Farm Ltd v. An Bord Pleanála [2025] IEHC 1 As above (contextual examples). Referenced in the survey of cases where leave issues arose.
Heavey v. An Bord Pleanála (No. 2) [2025] IEHC 311 As above (context). Referenced in the list of authorities.
Attorney General v. Crosland (No. 2) [2021] UKSC 58 Discusses why restriction on publication of draft judgments is in the interests of the administration of justice. Cited in relation to confidentiality of draft judgments circulated to parties.
Baigent v. Random House Group Ltd [2006] EWHC 1131 Authority referenced on publication/ confidentiality issues. Cited in the context of draft judgment confidentiality.
R. (Counsel General for Wales) v. Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 Authority referenced on draft judgment/publication restrictions. Cited in that context.
Public Institution for Social Security v. Banque Pictet & Cie SA and others [2022] EWCA Civ 368 Authority referenced in the same paragraph on draft judgments. Cited for context on confidentiality.
Itkin v. Wood [2023] JRC 101 Authority referenced on draft judgments. Cited for the same procedural point.
Elaine Kelly Dunne v Guessford Limited [2021] IEHC 583 Authority relied on by Applicants in submissions (s.160 context) as to statutory interpretation. Court held it was not analogous and that the Applicants had not relied on it in earlier written submissions.
South West Regional Shopping Centre v. An Bord Pleanála [2016] IEHC 84 Cited by the court as an example of a case not deployed in written submissions in prior proceedings. Mentioned to show that belated reliance on such authority in certification applications is impermissible.
Toole v. Minister for Housing (No. 3) [2023] IEHC 378 Reference regarding Article 267 and limits on references to the CJEU. Cited to emphasise that a reference is for real disputes and not hypothetical questions.
Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA, C-561/19, ECLI:EU:C:2021:799 Doctrine of acte clair/acte éclairé in relation to Article 267 TFEU references. Applied to conclude no obligation to refer where point is acte clair.
Hellfire Massy Residents Association v. An Bord Pleanála [2022] IESC 38 Comments on appeals based on misunderstanding spreading confusion. Quoted to support view that appeals based on misunderstanding are not in the public interest.
Carrownagowan (No.3) [2024] IEHC 549 Public interest considerations against further appeal; renewable energy public interest discussion. Applied to reinforce the public interest reasons for refusing certification.
Massey (No.4) [2025] IEHC 309 Contextual support on public interest factors. Referenced in support of the Planning Authority's public interest submissions.
Hoctor (No.2) [2026] IEHC 174 Authority on public interest in infrastructure and prejudice to developer from delay. Invoked to support the conclusion that an appeal is not in the public interest.
Condon v An [Coimisiún] Pleanala (No. 2) [2026] IEHC 136 Requirement to engage with the logic and reasoning of the judgment being appealed. Applied to criticise Applicants' failure to engage with the High Court's reasoning.
Dunnes Stores v. An Bord Pleanála [2015] IEHC 387 Nature of project and risks of delay are relevant to public interest assessment. Applied to weigh urgency of the project and public interest in refusing further appeal.

Court's Reasoning and Analysis

The court applied the statutory and established common-law criteria for certification of a question for appeal. The court analysed (a) whether the proposed points properly arose from the pleadings and the High Court judgment, (b) whether they raised questions of pure law rather than the application of law to facts, (c) whether the points were of public and exceptional public importance, and (d) whether an appeal would be in the public interest.

On the first limb the court found the Applicants' characterisation of the High Court's interpretation of "alter the terms of the development" to be incorrect and that the High Court had in fact addressed and resolved the meaning of "terms" (broad, not confined to conditions) and identified materiality as the limiting principle. The Applicants were held to have mischaracterised the factual findings (for example, alleging "two new turbines" or an "expansion") and in substance to be rearguing factual conclusions rejected at trial.

On the second limb the court concluded the disputed questions were essentially questions of fact or the application of law to facts (e.g. whether the alteration was material) and not pure points of law suitable for appellate determination. The Applicants had not previously argued the general test for materiality in the sense of casting doubt on it; they contested the factual outcome instead.

On public importance the court found no systemic doubt or uncertainty requiring appellate resolution. The Applicants had not identified any domestic or foreign authority, Court of Justice authority, or academic material creating such doubt. The court applied the acte clair doctrine reasoning to conclude no obligation to refer to the CJEU and no real EU-law point was shown.

On public interest the court emphasised finality in planning litigation, the minor nature of the amendment under challenge, the potential non-compensatable prejudice to the developer (Company A), and the public interest in timely delivery of renewable energy infrastructure. The combination of these factors weighed decisively against certification.

Accordingly, the court held the statutory threshold for certification under s.50A(7) was not met and refused the application for leave to appeal. The court also made ancillary orders regarding costs and the listing of remaining declaratory relief for further directions.

Holding and Implications

HOLDING: The application for leave to appeal is DISMISSED.

Implications:

  • The High Court's prior substantive judgments remain final in respect of the dismissed complaints and will be perfected as the final order of the High Court on those matters.
  • The Applicants do not obtain certification to the Supreme Court; no exceptional point of law of public importance was found to be raised by the proposed questions.
  • The decision preserves the factual findings below (including the non-materiality finding in respect of the amendment) and declines to create new appellate authority on the points advanced. The remaining declaratory relief on EU-related habitats issues remains listed for further directions.
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Rural Residents Wind Aware and Environmental Group & Ors v An Coimisiun Pleanala & Ors (No. 3)

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Rural Residents Wind Aware and Environmental Group & Ors v An Coimisiun Pleanala & Ors (No. 3)
(May 15, 2026)