The case concerned an application by a wind farm company for planning permission to construct a wind farm in Co. Laois. An Bord Pleanála (the national planning authority) rejected permission for the wind farm, citing visual impacts and local development plan designations for wind turbines. Under the local Laois County Development Plan, wind farms would not be constructed in the relevant area based on the alleged visual concerns. Still, as the national planning authority, An Bord Pleanála could grant permission for the wind farm regardless of any alleged material contravention of the County Development Plan. In this instance, however, the planning permission was refused in line with the visual concerns outlined in the original County Development Plan.

The company sought to appeal the decision before the High Court, arguing inter alia that under S15(1) of the Climate Act, as well as in line with EU law and obligations under the European Convention on Human Rights, the planning authority had an obligation to interpret its planning decisions such that climate considerations would take priority over the visual concerns and that the authority had therefore taken inadequate account of S15(1) of the Climate Act. The planning authority argued in response that a narrow interpretation of this provision was appropriate, obliging the authority only to give regard to climate considerations and that the authority had, therefore, acted within its powers in refusing permission for the wind farm. 

The High Court, in a ruling by Humphreys J. upheld the appeal, finding that An Bord Pleanála had acted unlawfully by failing to exercise its powers in a manner compliant as far as practicable with the climate objectives and policies set out in the Climate Act, and had also breached its duties under EU law and European human rights law. The Court noted that "if climate goals take precedence over visual impacts  [as had been found in a previous case of  Nagle View Turbine Aware Group v. An Bord Pleanála [2024] IEHC 603 (Unreported, High Court, 1st November 2024)] and the like, then logically they must take precedence over development plan provisions that are motivated by visual impacts.” 

The High Court further noted that the recent European Court of Human Rights (ECHR) decision in KlimaSeniorinnen v. Switzerland demonstrated that the requirement to read legislation in an ECHR-compliant manner supported an interpretation of S15 that went beyond the board’s approach and that the interpretation should ensure that ECHR obligations are complied with in practice, including compliance in practice with stated goals in relation to renewable energy infrastructure. The failure to properly consider the climate benefits of allowing the project, therefore, constituted a breach of Article 8 of the European Convention on Human Rights.

Taking the importance of climate action into account, the Court held that the authority had not adequately considered S15(1) in its considerations of whether to grant permission in light of the need to consider climate objectives in contrast to the visual impacts and local planning concerns expressed by those opposed to the wind farms. It stated that "the need for an imperative reading of S15(1) in line with what it says, namely that the board and any other relevant body is required to act in conformity with the climate plans and objectives set out in the subsection unless it is impracticable to do so." [117]

The Court, therefore, granted the appeal and ordered that the application be remitted to An Bord Pleanála for further consideration in accordance with the judgment.

On Feb 4, 2026, the Irish Supreme Court upheld the ruling of the High Court, but significantly narrowed the grounds on which the decision was upheld. The Court concluded that “The section [S15 Climate Act] creates a legal obligation binding upon [An Coimisiún Pleanála] and enforceable, if necessary, by action, to ensure that any decision it makes to grant or refuse permission is consistent with the climate objectives set out in section 15. Given that An Coimisiún Pleanála had never engaged in a real and substantive way with the question of the climate benefit of the proposed development when considering whether to grant permission, this was an error of law. 

However, the Court dismissed the view of the High Court that S15 created an imperative obligation to prioritize climate action when considering planning permission, instead noting that there is a" range of possible outcomes” open to public bodies in acting consistently with climate objectives “and a degree of tolerance” in how this is achieved. The further stated that “The question of consistency of an individual planning decision with the section 15 objectives is much more complex than a traffic light system of climate-friendly ‘go’ (unless impracticable) and climate-unfriendly ‘stop’."

The Court further dismissed the European rights elements to the claim, contending that, as a corporation, the plaintiffs lacked standing under the Klimaseniorinnen standard for climate litigation to assert that there had been a violation of the European Convention. 

Thus, while the Court confirmed that An Coimisiún Pleanála could consider climate benefits when assessing whether to overrule a local development plan, this was one of a range of possibilities and should largely only be considered where the plan itself (as opposed to the individual wind farm project) had not taken account of s15.

Coolglass Windfarm Limited v. An Bord Pleanala

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Coolglass Windfarm Limited v. An Bord Pleanala - judgment

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Investment in electricity transmission and distribution systems capable of integrating renewable energy, supporting electrification and strengthening energy system resilience.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Production of electricity and heat from solar irradiation.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector provides communication services, software development, and IT solutions.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Coolglass Windfarm Limited v. An Bord Pleanala - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance