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Quinn, Re Judicial Review

Country/Territory
United Kingdom
Type of court
National - higher court
Date
Feb 22, 2013
Source
UNEP, InforMEA
Court name
High Court of Justice of Northern Ireland
Seat of court
Belfast
Judge
TREACY
Reference number
[2013] NIQB 24
Language
English
Subject
Land & soil, Air & atmosphere, Energy
Abstract

The applicants were brothers who owned lands in Northern Ireland. They sought judicial review of a Planning Commissioner’s refusal to permit their request to develop a renewable energy wind-farm on their lands. The permit process was based on a balancing exercise weighing the wider environmental, economic and social benefits of a project against its adverse impact. The court accepted the brothers’ assertion that the Commissioner’s conduct of the test proceeded on a material mistake of fact. In particular, the Commissioner had failed to properly consider the environmental, economic and social benefits of the wind farm, including the importance of renewable energy generation to the UK meeting its greenhouse gas emissions targets.

Source:
http://www.lse.ac.uk/GranthamInstitute/litigation/in-the-matter-of-an-application-by-brian-quinn-and-michael-quinn-the-high-court-of-justice-in-northern-ireland-2013/

Full text
j_j_TRE8779Final.htm
Website
www.courtsni.gov.uk