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Anti-turbine vote is ‘legally pointless’

Peter Carey, Laois County Manager.

Peter Carey, Laois County Manager.

Cllr Padraig Fleming’s motion against the development of large wind turbines will have no bearing on the legal planning process, county manager Peter Carey informed the monthly meeting of Laois County Council.

The motion was “pointless from a legal perspective,” he said. It is the constitutional right of any individual to submit a planing application. A planning decision is the executive function of the local authority and a decision can’t be pre-empted, Mr Carey said. “I as county manager can’t take any cognisance of it. The planning system is transparent and is subject to a judicial review,” he said.

The motion, he said “is meaningless, to be quite honest”.

On several occasions, Mr Carey stressed that the motion was not something which the planning authority could not take into account. “We are constrained under a legal process,” he said.

The council does not have any applications before them in relation to wind turbines. In the past there were two such planning applications, one of which was refused and the other was withdrawn.

Mr Carey did not feel the motion should be voted on by the councillors, stressing again that it would no bearing on planning decisions.

 

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