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Leamlara Preservation Group and Anor v An Coimisiun Pleanala and Ors (Approved)

Smart Summary

Factual and Procedural Background

The Applicants, a residents’ group and an affected local resident, challenged the Respondent’s decision of 19 February 2026 granting the Developer a ten-year permission for a solar farm and associated works, subject to 21 conditions. [1][2][3][4]

The local planning authority had refused permission on archaeological, visual-amenity and drainage grounds. The Developer appealed, and the Respondent’s inspector recommended permission, which the Respondent granted. [5][6][7][8][9]

The Applicants commenced judicial review proceedings on 15 April 2026 and obtained leave on 20 April 2026. The proceedings were heard on 8 September 2026. An application to cross-examine the inspector and members of the Respondent was refused. [10][11][12]

Legal Issues Presented

  1. Whether the Respondent unlawfully failed to treat the solar farm and a separate proposed solar farm as part of a larger project or to assess their cumulative and in-combination effects. [13][14][15][16]
  2. Whether the Respondent’s EIA screening determination was unlawful, irrational or based on material errors, including alleged deficiencies concerning project interaction and the number of panels and energy output. [17][18][19][20]
  3. Whether the Appropriate Assessment was invalid because of insufficient information or expertise, including alleged deficiencies concerning hydrology, ecology and the other proposed solar farm. [21][22][23][24]
  4. Whether the EIA screening and Appropriate Assessment inadequately assessed effects on bats. [22][25][26]
  5. Whether the Applicants’ grounds were adequately pleaded, raised at the appropriate time and supported by admissible evidence. [27][28][29]

Arguments of the Parties

Applicants’ Arguments

  • The solar farm and the other proposed solar farm formed part of a larger project because of their proximity, shared infrastructure, common developer and alleged functional interdependence. [30][31][32]
  • The Respondent failed to conduct lawful EIA screening and failed to assess cumulative effects, panel numbers and energy output. [33][34][35]
  • The Appropriate Assessment lacked sufficient information and expertise, particularly concerning ecology, hydrology and cumulative effects. [24][36]
  • The assessments inadequately addressed bats and the adequacy of the ecological surveys. [37][38]
  • The Applicants maintained that their grounds were sufficiently pleaded and that the relevant objections could be raised in judicial review proceedings. [39][40][41][42]

Respondent’s Arguments

  • The grounds were inadequately particularised and did not identify the legal provisions, facts or materials relied upon with sufficient clarity. [43][44][45][46][47][48]
  • The separate solar-farm application was invalid or incomplete and was not a live application when the decision was made; the Respondent therefore had no obligation to assess it. [49][50][51][52][53][54]
  • Solar farms were not listed EIA projects, and project splitting could not avoid an EIA threshold that did not apply. [51][52]
  • The Applicants had not established any evidential error, lack of expertise or deficiency in the Appropriate Assessment. [55][56][57]
  • The Applicants had not raised relevant ecological or expertise complaints during the planning process and had not established an adverse impact on bats. [58][59][60][61]

Notice Party’s Arguments

  • The Notice Party adopted the Respondent’s pleading objections and argued that the two developments were legally and functionally independent. [62][63][64][65]
  • The Notice Party argued that the invalid application could not be treated as a live project and that no project-splitting issue arose. [66][67]
  • The Notice Party relied on the ecological material, mitigation measures and expert evidence supporting the assessments, including the conclusion that there would be no adverse impact on bats. [68][69][70]
  • Alternatively, the Notice Party argued that relief should be refused in the court’s discretion, having regard to the importance of renewable-energy development. [71][72][73]

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Connolly & Another v An Coimisiún Pleanála [2026] IEHC 224Earlier unsuccessful challenge concerning the associated substation.Recorded as part of the procedural history. [74]
Amariei v. Chief Appeals Officer [2026] IESC 22; State (Keegan) v. Stardust Compensation Tribunal [1986] I.R. 642; Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3; Sweeney v. Fahy [2014] IESC 50Judicial review concerns legality rather than merits; applicants bear the relevant burden and discretion is structured.Applied in assessing the Applicants’ merits-based disagreement and evidential burden. [75][76][77][78][79]
Coolglass Wind Farm Ltd v. An Coimisiún Pleanála [2026] IESC 5Material must have been put before the decision-maker where it is relied upon in judicial review.Applied to the Applicants’ failure to make a developed case during the planning process. [80][81]
A.P. v. Director of Public Prosecutions [2011] IESC 2; Khashaba v. Medical Council [2016] IESC 10; Casey v. Minister for Housing, Planning and Local Government & Ors. [2021] IESC 42; Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála & Ors. [2024] IESC 28Applicants are confined to their pleadings.Applied to prevent reliance on inadequately pleaded or newly developed grounds. [82][83][27][84]
In re XJS Investments Ltd [1986] IR 750Planning documents are ordinarily construed according to their ordinary meaning.Stated as a general interpretive principle. [85][86][87]
An Taisce v. An Bord Pleanála & Ors. [2022] IESC 8; Rural Residents Wind Aware and Environmental Group v. An Coimisiún Pleanála [2026] IESCDET 113The applicant generally bears the burden of proving an assessment defect.Applied to the alleged EIA, AA, expertise and bat deficiencies. [76][88][89][90][91]
Waltham Abbey/Pembroke Road Association v. An Bord Pleanála [2022] IESC 30; Heather Hill Management Company CLG v. An Bord Pleanála [2022] IESC 43; Save Cork City Community Association CLG v. An Bord Pleanála [2022] IESC 52; Ashbourne Holdings Ltd v. An Bord Pleanála [2003] IESC 18The law does not favour unworkable interpretations.Stated as part of the general approach to planning challenges. [89][92]
Sherwin v. An Bord Pleanála [2024] IESC 13; Baby O. v. Minister for Justice [2002] IESC 44Evaluative planning judgments are reviewable on irrationality grounds where not affected by other legal, factual or procedural errors.Informed the court’s approach to the alleged errors in the assessments. [93][94]
RAS Medical Ltd v. Royal College of Surgeons in Ireland [2019] IESC 4Without cross-examination, conflicting admissible evidence is generally resolved against the party bearing the burden.Applied against the Applicants because their opposing evidence was not established through cross-examination. [95][96][90][91]
Concerned Residents of Treascon and Clondoolusk v. An Bord Pleanála [2024] IESC 28; Moss v. An Coimisiún Pleanála [2026] IESCDET 91; Doyle v. An Coimisiún Pleanála [2026] IESCDET 102The EIA Directive does not apply to unlisted projects; certain development questions are fact-sensitive and carry an evidential burden.Applied to conclude that the solar-farm development was not an EIA project. [97][98][99][100][101]
Brussels Hoofdstedelijk Gewest and Others v Vlaamse Gewest, C-275/09; Pro-Braine ASBL and Others v Commune de Braine-le-Château, C-121/1EIA concerns physical interventions rather than mere changes of use.Stated in the discussion of EIA applicability. [102][103]
Asociación Petón do Lobo, C-461/24Concerned consultation requirements under the EIA Directive.Recorded as a principle concerning public consultation. [104]
Gemeinde Altrip and Others v Land Rheinland-Pfalz, C-72/12; Carrownagowan Concern Group v. An Bord Pleanála [2025] IESCDET 9; Massey v. An Bord Pleanála [2025] IESCDET 126Not every decision-making error warrants quashing; harmless error may be insufficient.Supported the court’s approach to alleged assessment errors. [105][106]
G. v. DPP [1994] 1 I.R. 374; De Róiste v. Minister for Defence [2001] IESC 4; Kenny v. Dublin City Council [2009] IESC 19; Kelly v. Minister for Agriculture [2021] IESC 62; Ballyboden Tidy Towns Group v. An Bord Pleanála [2024] IESC 4; S. v. Minister for Justice and Equality [2025] IESC 48Judicial review and certiorari are discretionary remedies subject to established principles.Applied in the alternative to refuse relief even if an error had been established. [106][107][108][109][110][111][112][113]
Sweetman v. An Bord Pleanála (Sweetman XV) [2020] IEHC 39; Rushe v. An Bord Pleanála [2020] IEHC 122; Alen-Buckley v. An Bord Pleanála [2017] IEHC 311Complex EU-law arguments must be clearly pleaded; unpleaded non-transposition claims cannot be introduced.Applied to the Applicants’ project-splitting and EIA arguments. [114][115][116]
People Over Wind & Anor. v. An Bord Pleanála & Ors. (No. 1) [2015] IEHC 271; Ballyboden Tidy Towns Group v. An Bord Pleanála & Ors. [2022] IEHC 7; Reid v. An Bord Pleanála (No. 7) [2024] IEHC 27Judicial-review pleadings require precision, particulars and an intelligible route from facts to relief.Applied to reject or limit several sub-grounds. [117][118][119][120][121][122][123][124][125]
Hellfire Massy Residents Association v. An Bord Pleanála [2022] IESC 38; Babington v. Minister for Justice Equality and Law Reform & Ors. [2012] IESC 65Scattergun and repetitive pleadings are impermissible and counterproductive.Supported the court’s criticism of vague and unparticularised grounds. [123][126][127]
Eco Advocacy CLG v. An Bord Pleanála (No. 4) [2023] IEHC 713; Kennedy & Anor. v. An Bord Pleanála [2024] IEHC 570; Leech v. An Bord Pleanála [2024] IEHC 599; Mount Salus Residents’ Owners Management Company Limited by Guarantee v. An Bord Pleanála & Ors. [2025] IEHC 14; Carvill v. An Bord Pleanála [2025] IECA 84Specific provisions need not always be expressly enumerated if identifiable with acceptable clarity; developed pleading objections must be addressed.Applied in determining which grounds were adequately pleaded. [128][129][130][131]
Rogers v. An Coimisiún Pleanála [2026] IEHC 257; Rogers v. An Coimisiún Pleanála (No. 2) [2026] IEHC 437Issues concerning expertise, candour and disclosure by a public decision-maker.The court held that the Respondent’s disclosure adequately addressed any hypothetical expertise obligation. [132][133][134][135][136][137]
Ecologistas en Acción-CODA v Ayuntamiento de Madrid, C-142/07Where projects form part of a larger overall project, geographical proximity, similarities and interactions may require assessment of the project as a whole.The court identified the principle but held that the Applicants had not made or proved the necessary case. [138][139][140][141]
Ó Grianna v An Bord Pleanála [2014] IEHC 632; McGowan v An Coimisiún Pleanála [2025] IEHC 405Addressed related projects, project splitting and assessment of larger projects.The court distinguished the authorities because no applicable EIA threshold for solar farms had been evaded. [142][143][144][145][146][147]
Marktgemeinde Straβwalchen and Others v. Bundesminister für Wirtschaft, Familie und Jugend, C-531/13; Ratheniska Timahoe and Spink (RTS) Substation Action Group & Anor v. An Bord Pleanála & Anor [2015] IEHC 18; Baile Eamoinn Teoranta v. An Bord Pleanála [2020] IEHC 642Discussed foreseeable projects, cumulative assessment and material factual mistakes.The court did not decide the wider question because the Applicants failed on multiple independent grounds. [148][149][150][151][152][153][154]
Toole v. Minister for Housing I (No. 4) [2023] IEHC 403; Toole v. Minister for Housing II [2024] IEHC 610; Toole v. Minister for Housing (No. 7) [2023] IEHC 716Concerned a possible reference concerning cumulative or in-combination assessment.Recorded as background to a question not requiring determination in this case. [155][156]
Byrnes v. Dublin City Council [2017] IEHC 19; Pembroke Road Association v. An Bord Pleanála [2021] IEHC 403; Ballyboden Tidy Towns Group v. An Bord Pleanála [2023] IEHC 722; Reilly v. An Coimisiún Pleanála [2025] IEHC 659A jurisdictional or procedural infirmity does not automatically make a process void or require certiorari.Supported the alternative discretionary refusal of relief. [157][112][158]
O'Connell v. Behan [2021] IECA 186; Independent Newspapers (Ireland) Ltd v. IA [2020] IECA 19; Protect East Meath v. Meath County Council [2026] IESC 1; Pat O'Donnell & Co. v. Dublin City Council [2026] IESC 36; Christian v. Dublin City Council [2012] IEHC 163Relevant discretionary factors include applicant conduct, practical value, proportionality, statutory purpose, prejudice and important legal values.The court held that the Applicants’ failure to raise a developed case and the importance of renewable energy justified refusing relief even if an error existed. [159][160][79][161][162][163][113][164][165]
Baile Bhruachlain Teoranta v. Galway County Council [2024] IEHC 604; Voyage Property v. Limerick City and County Council [2025] IEHC 696; Friends of the Irish Environment CLG v. Government of Ireland [2021] IECA 317; Delaney v. An Coimisiún Pleanála [2025] IEHC 621; Monaghan Urban District Council v. Alf-a-Bet Promotions Ltd [1980] ILRM 64; Gillen v. Commissioner of An Garda Síochána [2012] 1 IR 574Further principles concerning applicant conduct, failure to act, prosecution, substantial compliance, prejudice and harmless error.Used in the court’s general discussion of discretionary relief. [166][167][168][169][170][171][172][173][174]

Court's Reasoning and Analysis

  1. Several grounds were inadequately pleaded because they asserted interactions, project splitting, ecological deficiencies or alleged omissions without identifying the supporting facts or the causal route to relief. Other grounds were sufficiently clear when read as a whole. [175][124][176][177][131][178][179][180][125][181]
  2. The Applicants had not made a developed case during the planning process on most of the matters later relied upon. The court held that relief was inappropriate where the relevant material had not properly been put before the decision-maker. [182][183][184][185]
  3. The solar farm was not an EIA project. The inspector’s reasoning incorrectly treated the removal of 55 metres of hedgerow as sub-threshold rural restructuring without finding that the works involved restructuring of rural land holdings. Properly analysed, the development did not fall within the relevant EIA category. [100][186][187][188][189][190]
  4. Because no applicable EIA threshold existed for the solar farm, the Applicants could not establish that project splitting had avoided an EIA obligation. The court therefore rejected the project-splitting challenge. [191][145][146][192]
  5. The separate solar-farm application was invalid or incomplete and was not live when the Respondent made its decision. The Applicants also failed to prove that the developments were a single project or functionally or legally interdependent merely because infrastructure might be shared or traversed. [193][194][195][196][197][198][199]
  6. The court declined to decide whether foreseeable or non-live applications must generally be considered in EIA or AA cumulative assessments because that question was unnecessary to resolve the proceedings and therefore did not require a reference to the CJEU. [148][152][200][201][202]
  7. The alleged residual EIA screening errors were not proved. The Applicants did not establish that the number of panels or precise energy output was legally material, and conflicting evidence was not displaced in the absence of cross-examination. [203][90][204]
  8. The Appropriate Assessment challenge failed because it depended substantially on the rejected project-interaction arguments and because the Applicants did not establish insufficient information or expertise. The Respondent provided information concerning the expertise of its inspector and members, which the court considered sufficient. [205][133][135][136][137][206]
  9. The bat challenge failed because the Applicants had not raised the alleged deficiencies during the planning process or provided evidence of significant impact. The inspector relied on the nocturnal nature of bats, retained and enhanced hedgerows and treelines, comparable nearby habitat and proposed bat boxes. [207][208][209][210][211][212][213][91]
  10. Even if an error had been established, certiorari remained discretionary. The Applicants’ failure to make a developed case during the process and the importance of renewable-energy deployment weighed against relief. [163][113][164][165][214][215]

Holding and Implications

DISMISSED. The judicial review proceedings were dismissed. [216][217][218]

The proposed order was that there be no order as to costs unless a party made a contrary application within the specified timetable. [219][220][221]

The decision left the Respondent’s planning permission in effect. The court did not make the potentially broader EIA/AA reference concerning foreseeable future projects because that issue was unnecessary to the result. [152][222][200][202]

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Leamlara Preservation Group and Anor v An Coimisiun Pleanala and Ors (Approved)

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Leamlara Preservation Group and Anor v An Coimisiun Pleanala and Ors (Approved)
(Sep 18, 2026)