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I am vindicated, The SEA Directive is the law.

valamhic

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I started campaigning in 2008, carrying out wind measurements and proving wind energy is a scam and does not work. I claimed that the National Renewable Energy Action Plan (2011) was illegal because no assessment under Article 3(2) was ever done for it. The wind energy option is illegal because on-shore wind energy was never assessed with public participation. As Ollie rightly says, I took a Court case in 2016 against the N/S interconnector and lost.

Judge Max Barrett ruled Bord Pleanala was only a clearing house with no substantial decisions to make. A Belgium group in Flanders, were facing a 5 turbine wind farm the guidelines for which were drawn up by the local government of the region. (It set down distances from houses etc). They challenged the grant of permission on the basis that no SEA was done and these guidelines could only be introduced following compliance with Article 3(2) of the SEA.

Now the Court of Justice Grand Camber has ruled in their favour. I was right all along, now its a mess in legal terms.

 

valamhic

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All Irish wind farms are illegal.

They can only be continued if the electricity is urgently required.

Here is the Directive.


here is the final ruling.


On those grounds, the Court (Grand Chamber) hereby rules:

1. Article 2(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment must be interpreted as meaning that the concept of ‘plans and programmes’ covers an order and circular, adopted by the government of a federated entity of a Member State, both of which contain various provisions concerning the installation and operation of wind turbines.

2. Article 3(2)(a) of Directive 2001/42 must be interpreted as meaning that an order and a circular, both of which contain various provisions concerning the installation and operation of wind turbines, including measures on shadow flicker, safety, and noise level standards, constitute plans and programmes that must be subject to an environmental assessment in accordance with that provision.

3. Where it appears that an environmental assessment within the meaning of Directive 2001/42 should have been carried out prior to the adoption of the order and circular on the basis of which a consent, which is contested before a national court, was granted for the installation and operation of wind turbines with the result that those instruments and that consent do not comply with EU law, that court may maintain the effects of those instruments and that consent only if the national law permits it to do so in the proceedings before it and if the annulment of that consent would be likely to have significant implications for the electricity supply of the whole of the Member State concerned, and only for the period of time strictly necessary to remedy that illegality. It is for the referring court, if necessary, to carry out that assessment in the case in the main proceedings.

[Signatures]
 
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valamhic

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This means all new planning permissions for wind farms are finished. It means all existing wind farms are there without planning permission.
 

Youngdan

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This means all new planning permissions for wind farms are finished. It means all existing wind farms are there without planning permission.
The opening posts are a bit confusing to me. Did protests win a court case in Belgium and prevent a wind farm being built
 

Olli Rehn

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The opening posts are a bit confusing to me. Did protests win a court case in Belgium and prevent a wind farm being built

Val's link above means not what he says.
Not a single windmill is illegal.
No planning is stopped.
He is just having wet dreams.
 

valamhic

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The opening posts are a bit confusing to me. Did protests win a court case in Belgium and prevent a wind farm being built
I can see how this complex case could be hard to grasp. I am on the phone all the time explaining it. A 5 turbine wind farm was granted planning consent in the Flanders area of Belgium recently. The consent was based on a guideline and circular issued by the local government of that region in 2006. Ireland produced its own guidelines in 2006.

The local Group "A" took a JR to the local National court which referred it to the CJEU. I have been fighting on this SEA aspect for 12 years. The official line was that the guideline and circular were not compulsory and the local government produced them out of the goodness of their hearts and love for their rural dwellers. Therefore they were not a public plan or programme under Article 2 and 3 of the SEA Directive. Group "A" argued that once the local government had the authority to make the guideline and circular for the guidance of planners on noise, flicker etc they were a public plan or programme requiring an SEA. Many and many a debate I had with Owde to Joy and Holandia on Politics.ie on this over the years until I was banned.

The wind energy guidelines form the basis for local and national planners on assessing and deciding whether or not to grant planning permission for wind farms. There was no dispute about that. The most significant difference in the Belgium and Irish guidelines is that the belgium ones say noise must be measured at 8 meter per second wind speed, the Irish ones are silent on that.

Issues

1) Do guidelines and circulars to help planners decide on wind farms have to be laws, regulations coming from am official government source to come under the SEA?

2) Do the guidelines and circulars have to have the force of law and be binding on planners in reaching their decision to com e under the SEA?

These are the questions asked of the CJEU which is the guardian of the treaties on the functioning of the EU. Take a break and come back.
 

valamhic

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The advocate general and the court concurred and the ruling C 24/19 emerged.

1) The deciding issue is not the status of the guidelines or circulars but whether the issuer has the authority to issue them.

So. If the guidelines were issued by the Belgium weight watcher society or the stock car racing club they would have no authority and the SEA would not apply. If the issuer had authority to issue them so that they were used in the decision making process, them they did come under the SEA.

The court ruled that the guidelines and circular are a plan and programme requiring an SEA prior to they being made and the national court must annul them. No SEA was done for any form of on shore wind and so they have to do an SEA. They cannot do so because its a fraud. Any wind farm planning challenged on this must be annulled. I am hoping to have a case in soon and will object to every one until I get in to challenge it in Ireland.
 

valamhic

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The interesting part is part 3. The Belgium court asked what the position is with existing wind farms. Normally there is 8 weeks to take a JR and then its dead. The court ruled that if they are built in contravention of EU law and have to be annulled. An exception is where the electricity is needed to stop a black out in the country and thus does not apply.
 

Olli Rehn

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A lot of baloney from you again, Val.
Better accept this: The windmills are here to stay!
 

valamhic

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A lot of baloney from you again, Val.
Better accept this: The windmills are here to stay!
I posted the ruling, did you see it or not. If not I will post it again. The immediate effect is that all new wind farms cannot be granted permission so they are finished. As for the exciting ones. the ruling is simple, they have to be removed. This will be done by an application under Section 160 of the PDA. They are built without planning permission.
 

Olli Rehn

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I posted the ruling, did you see it or not. If not I will post it again. The immediate effect is that all new wind farms cannot be granted permission so they are finished. As for the exciting ones. the ruling is simple, they have to be removed. This will be done by an application under Section 160 of the PDA. They are built without planning permission.
All windfarms will stay- no doubt about that. You might even get more mills plastered along your slatted living room!
 

valamhic

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All windfarms will stay- no doubt about that. You might even get more mills plastered along your slatted living room!
Its already stopped the Flanders wind farm.
 

Olli Rehn

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valamhic

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Olli Rehn

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Not any more
You are peddling false infos here. Not one construction site was closed. You wish it would happen- but it won't.
 
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