Planning Issues In Energy Projects Relying On Section 5 Declarations
In O'Grianna & Ors. v An Bord Pleanála [2014] IEHC 632 23, the High Court held that a project could not, for planning purposes, lawfully be split into two independent parts - the wind farm and the grid connection. The Kilronan case, Daly v Kilronan Windfarm Ltd [2017] IEHC 308, raised a different question: where permission exists for the wind farm, can the grid connection works be exempt under statute? If so, how does this affect existing projects and those in development without planning permission for their grid connection relying on existing Section 5 declarations?
Section 5
Any person may request a declaration from a planning authority as to whether any development is or is not exempted development under section 5 of the Planning and Development Act, 2000 (Section 5). This is an optional procedure. There is no requirement to seek a declaration, as a matter of law the development is either exempted development, i.e. does not require planning permission, or it is not i.e. does require planning permission.
Facts
In February 2016, Kilronan Windfarm Limited requested declarations from Leitrim County Council, Roscommon County Council and Sligo County Council under Section 5 as to whether or not the laying underground of 9.48km of 38kV cable was or was not exempted development.
The applications to Sligo and Roscommon County Councils were later...
To continue reading
Request your trialSubscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Trusted Globally
Our platform serves over 2 million legal professionals worldwide, including eight of the top ten global law firms. Leading corporations, government organisations, and law schools rely on vLex for their legal research needs.
-
Comprehensive Global Legal Content
Access an extensive collection of legal documents spanning more than 200 jurisdictions. Our content covers everything from case law and legislation to regulations and commentary, continuously updated by our global team of legal experts.
-
AI-Powered Research with Vincent AI
Uses cutting-edge AI to streamline legal research, analyze case law, and review documents, helping you extract key insights and work more efficiently, so you can focus on what matters most.
-
Enhanced Efficiency
Work across borders with instant translations in 14 languages. Track citations with advanced technology, analyse documents efficiently, and customise your research workflow to match your practice needs
-
Accurate Citation with Cert
Cert combines advanced technology and expert editorial review to track case history, analyze treatments, and assess a case's precedential strength. Gain comprehensive insight to streamline your legal research and ensure you stay ahead with reliable case law analysis.
-
Find What You Need, Quickly
Vincent AI transforms legal research by understanding your questions in natural language and delivering precise answers with verified citations. Handle complex research tasks across multiple jurisdictions and automate routine legal work with confidence.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.