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High Court rejects Monaghan lender's application to recover €8.8m debt from Paddy McKillen jnr

High Court rejects Monaghan lender's application to recover €8.8m debt from Paddy McKillen jnr

Business Post12-05-2025

Legal
High Court rejects Monaghan lender's application to recover €8.8m debt from Paddy McKillen jnr
Eoin O'Hare
14:52
Úna Tighe, barrister for McKillen jnr, told the High Court that there were 'procedural irregularities' in the proceedings launched by Cabriz Finance.

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High Court dismisses challenge against Clare wind farm
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High Court dismisses challenge against Clare wind farm

The High Court has dismissed objectors' judicial review challenge against the green light for a 579 ft high eight turbine wind farm for lands in south east Clare. Over 300 people from the area lodged objections against the Fahy Beg wind farm proposal and Clare County Council refused planning permission to RWE Renewables Ireland Ltd for the 38.4 MW wind-farm on lands 1.5km from Bridgetown, and 3.5km from O'Briensbridge in south-east Clare in May 2023. As part of the proposal, the wind-farm developers are to establish a Community Benefit Fund which will distribute up to €3.12m over the first 15 years of the wind farm. Documents lodged with the application state that the provision of the Community Benefit Fund "will have a significant long-term, positive effect on the socio-economic profile of the study area and wider area". The council refused across five grounds including that the planned wind farm would depreciate the price of property as it would be visually over-bearing on those properties. However, RWE Renewables Ireland appealed and An Bord Pléanála overturned the council refusal to grant planning permission in March 2024. In response, the Fahybeg Windfarm Opposition Group and Sean Conway launched High Court judicial review proceedings seeking to have the appeals board decision quashed for the wind farm which is to be located on a site 14km north of Limerick city. However, Mr Justice Richard Humphreys - who presides over the Planning and Environment Division of the High Court - has dismissed all grounds of the judicial review challenge. The applicants claimed that the decision should be quashed as the planned wind farm would materially contravene the Development Plan due to the loss of part of Ballymoloney Woods. Mr Justice Humphreys stated that on the basis of the applicants' analysis, the felling of any tree necessarily constitutes a material contravention of the Development Plan. Mr Justice Humphreys stated that this approach represented an "excessively literalist and absolutist interpretation" of development plan objectives. Mr Justice Humphreys stated that the application failed to engage with the specifics of the individual trees which are actually being felled, pointing 0.4 of a hectare or 0.2% of the total amount of long established woodland is being removed. He said: "There is no absolute prohibition on the removal of trees, contrary to the applicants' complaints, and a reasonably informed reader would not read such a preclusion into the Development Plan when same is read objectively and holistically." Mr Justice Humphreys also dismissed the objectors' claim that planning permission should be quashed due to the impact that the wind farm would have on property prices in the area. He said that there is no substantive evidence presented that would conclusively indicate a depreciation in property values directly attributable to the wind farm's presence at this particular location. Mr Justice Humphreys made no order in relation to costs.

High Court dismisses judicial review challenge against 579ft-high wind farm in Clare
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High Court dismisses judicial review challenge against 579ft-high wind farm in Clare

THE HIGH COURT has dismissed objectors' judicial review challenge against the green light for a 579ft-high eight-turbine wind farm for lands in south-east Clare. More than 300 people from the area lodged objections against the Fahy Beg wind farm proposal and Clare County Council refused planning permission to RWE Renewables Ireland Ltd for the 38.4 MW wind-farm on lands 1.5km from Bridgetown, and 3.5km from O'Briensbridge in south-east Clare in May 2023. As part of the proposal, the wind-farm developers are to establish a Community Benefit Fund which will distribute up to €3.12m over the first 15 years of the wind farm. Documents lodged with the application state that the provision of the Community Benefit Fund 'will have a significant long-term, positive effect on the socio-economic profile of the study area and wider area'. The Council refused across five grounds including that the planned wind farm would depreciate the price of property as it would be visually over-bearing on those properties. However, RWE Renewables Ireland appealed and An Bord Pleanala overturned the Council refusal to grant planning permission in March 2024. In response, the Fahybeg Windfarm Opposition Group and Sean Conway launched High Court judicial review proceedings seeking to have the appeals board decision quashed for the wind farm which is to be located on a site 14km north of Limerick city. Advertisement However, Justice Richard Humphreys – who presides over the Planning and Environment Division of the High Court – has dismissed all grounds of the judicial review challenge. The applicants claimed that the decision should be quashed as the planned wind farm would materially contravene the Development Plan due to the loss of part of Ballymoloney Woods. Justice Humphreys stated that on the basis of the applicants' analysis, the felling of any tree necessarily constitutes a material contravention of the Development Plan. Justice Humphreys stated that this approach represented an 'excessively literalist and absolutist interpretation' of development plan objectives. Justice Humphreys stated that the application failed to engage with the specifics of the individual trees which are actually being felled, pointing 0.4 of a hectare or, or 0.2% of the total amount of long established woodland is being removed. He said: 'There is no absolute prohibition on the removal of trees, contrary to the applicants' complaints, and a reasonably informed reader would not read such a preclusion into the Development Plan when same is read objectively and holistically.' Justice Humphreys also dismissed the objectors' claim that planning permission should be quashed due to the impact that the wind farm would have on property prices in the area. He said that there is no substantive evidence presented that would conclusively indicate a depreciation in property values directly attributable to the wind farm's presence at this particular location. Justice Humphreys made no order in relation to costs.

Irish woman ‘in fear' ahead of release of Madeleine McCann suspect Christian Brueckner
Irish woman ‘in fear' ahead of release of Madeleine McCann suspect Christian Brueckner

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Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info An Irishwoman who alleged she was raped at knifepoint by the main suspect in the disappearance of toddler Madeleine McCann says she fears he will seek her out following his release from prison. Christian Brueckner, 48, is due to be freed from a German jail in September after completing his sentence for the rape of a 72-year-old US woman in Praia da Luz, Portugal in 2005. Hazel Behan, 41, who has waived her right to anonymity, said she fears the German man will "hunt her down". Brueckner was acquitted by a German court in relation to the charge of violent rape of Ms Behan at her apartment in Praia da Rocha in Portugal's Algarve. She told The Sun: "His sentence may be ending but mine never did. I have lived with fear every day for 21 years. "Fear that I'll see him. Fear that he'll find out where I live and hunt me down. I also have fear that he'll do to someone else what he did to me. "I've called him out in a public forum and I have genuine concern he could confront me. "I wouldn't put anything past a person like him. "If he is released, I will worry for every woman and child who, like me, believes the justice system is protecting them. "A leopard doesn't change his spots." Later this year Ms Behan expects to discover the outcome of her High Court appeal in Germany against his acquittal for raping her, another woman and a girl in Portugal in 2004. (Image: Phil Harris) Ms Behan has accused the Portuguese authorities of alleged "inaction" in identifying and prosecuting Brueckner. In April, she lodged an application to the European Court of Human Rights (ECHR) against the Portuguese authorities over their handling of her attack. Ms Behan also expressed her sympathy and support for the Leicestershire-based family of Madeleine who went missing in Praia da Luz while on holiday with her family in 2007 when she was three years old. (Image: PA) "As a parent, I cannot begin to imagine what they have gone through and continue to go through every day for the past 18 years," she said. German and Portuguese police and firefighters carried out a three-day search of an area near Praia da Luz last week in the latest efforts to find out what happened to the missing child. Join our Dublin Live breaking news service on WhatsApp. Click this link to receive your daily dose of Dublin Live content. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. If you're curious, you can read our Privacy Notice . For all the latest news from Dublin and surrounding areas visit our homepage .

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