TIPPERARY COUNTY COUNCIL
PLANNING & DEVELOPMENT ACTS 2000 (as amended)
EUROPEAN COMMUNITIES (PUBLIC PARTICIPATION) REGULATIONS 2010
Planning Application Register Reference number 18600913
Notice is hereby given that pursuant to Section 34 of the Planning and Development Act, 2000 as amended, and in accordance with Section 10 of the European Communities (Public Participation) Regulations 2010 that Tipperary County Council has issued a Notification of a Decision to refuse planning permission on the 10/01/19 to Ecopower Developments Ltd., for UWF related works. The development will facilitate the construction and operation of the already consented (but not built) Upperchurch Windfarm (UWF) Planning Ref 13/510003 which will consist of a) 17.9km of Internal Windfarm Cabling; b) 13 no. Haul Route Works, to facilitate the haulage of turbine components to the Upperchurch Windfarm site; c) 1 no Telecom Relay Pole, measuring 18m in height, with telecoms relay equipment attached; d) 3 no Realigned Windfarm Roads, to realign two lengths of consented Upperchurch Windfarm (UWF) Roads and to provide access to the telecoms Relay Pole; e) 1 no Change of use of an existing 'Agricultural' entrance to ' Agricultural and Forestry' entrance; and f) Ancillary Works. This application is for a 10 year permission, under Section 41 of the Planning and Development Act, 2000, as amended. An Environmental Impact Assessment Report and Natura Impact Statement (Stage 2 Appropriate Assessment) have been prepared in respect of this application at Graniera, Shevry, Gleninchnaveigh, Coumnageeha, Knocknamena Commons, Knocknabansha, Knockmaroe, Knockcurraghbola Commons, Knockcurraghbola, Crownlamds, Foilnaman, Grousehall, Co. Tipperary.
The applicant and any person who made submissions or observations in writing to the Planning Authority in relation to this planning application may appeal this decision, in accordance with Section 37 (1) of the Planning and Development Act 2000, to An Bord Pleanala, 64 Marlborough Street, Dublin 1 within a period of 4 weeks from the date of the decision by the Planning Authority.
• Further information in respect of making an appeal can be found by contacting:- The Secretary, An Bord Pleanála, 64 Marlborough Street, Dublin 1 (office hours (9.15 a.m. to 5.30 p.m. on Monday to Friday except on public holidays and other days on which the offices are closed). Tel: (01) 858 8100, Lo Call: 1890 275 175, Fax: (01) 872 2684, Web site: www.pleanala.ie, Email: firstname.lastname@example.org.
A person may question the validity of any decision of the Planning Authority, or question the validity of any decision on an appeal by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I No. 15 of 1986), in accordance with Section 50 of the Planning and Development Act 2000. Any application for judicial review must be made within 8 weeks of the decision of the Board. It should be noted that any challenge taken under section 50 may question only the validity of the decision and the Courts do not adjudicate on the merits of the development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment. Section 50A states that leave for judicial review shall not be granted unless the Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.
• Further information in respect of the Judicial Review process can be found on the www.citizensinformation.i.e. Contact Lo Call 1890 777 121 or +353 21 452 1600 for details of the location and operating hours of your local Citizens Information Centre.
Disclaimer: The above is intended for information purposes. It does not purport to be a legally binding interpretation of the relevant provisions and it would be advisable for persons contemplating legal action to seek legal advice.
Signed: James Hayes