Identify the circumstances where the material contravention procedure arises

Question 1
You are acting for a windfarm developer which has applied for and has secured
planning permission for a ten-turbine windfarm. You have been asked to advise
(a) planning permission is required for the grid connection from the windfarm
development to the local substation which is to be constructed as part of the
windfarm development (you can assume that (a) environmental impact
assessment (“EIA”) and appropriate assessment (“AA”) were required for the
windfarm development and (b) details of the grid connection were not included in
the application for the windfarm consent)
(b) what factors a court might consider if an application was brought for leave to apply
for judicial review of a s.5 declaration granted by An Bord Pleanála (the “Board”)
for the grid connection works (you can assume that the eight-week period has
Question 2
You have been asked to advise on whether An Bord Pleanála (the “Board”) is obliged
to follow the material contravention procedure in s.37 of the Planning and Development
Act (the “PDA”) where the planning authority at first instance refused planning
permission but where the Board decided to grant permission and decided that there
would not be material contravention of the development plan.
Question 3
You have been asked to advise whether a draft direction issued by the Minister
pursuant to s.31 of the PDA and / or the final direction should be subject to strategic
environmental assessment (“SEA”). Your client is conscious of judicial review timelines
and wants your advice on whether it should challenge the draft direction or the final
direction. Please advise.
Question 4
You are presiding at An Bord Pleanála oral hearing and a number of local residents
arrive on the second day and repeatedly interrupt and make derogatory comments
about the witnesses as well as lengthy and prolix submissions. You check whether the
particular individuals made submissions before the Board and are satisfied that there is
no record of submissions made during the formal public consultation phase although
unsolicited submissions were made outside the time allowed for submissions. You are
Copyright Honorable Society of King’s Inns
considering making a direction excluding those individuals from participating further in
the oral hearing but you are concerned about the risk of judicial review. Please advise.