A legal challenge has been brought to the continuing felling of trees on a mountain at Derrybrien, Co Galway, the site of a wind-farm development and where a massive landslide occurred in October 2003.
A local resident, Mr Martin Collins, claimed yesterday that the European Commission had issued a letter for formal notice (first written warning) to the Government relating to the alleged inadequacy of the environmental impact statements (EIS) for the wind-farm development.
Mr Collins said that, as far as he was aware, the Government's response had not been deemed acceptable and a second written warning had issued around January 5th last.
Mr Séamus Ó Tuathail SC, for Derrybrien Development Co-operative Society Ltd (DDCS), contended yesterday that the tree-felling on the lands at Cashlaundrumlahan mountain, Derrybrien, was "totally illegal". He said the DDCS had been formed to protect the interests of local people against the development.
However, Mr James Macken SC, for Gort Windfarms Ltd (GWL), which is developing the wind farm and which has contracted Coillte Teoranta to fell the trees, denied the felling was illegal and said his client had secured planning permission in 1998, which permission was provided for tree-felling.
An EIS on the project had made it very clear the trees would be cut down and not replanted.
Mr Macken also refused a request by Mr Ó Tuathail to give an undertaking that there would be no further felling pending the determination of an application by DDCS for an interlocutory order restraining the felling. However, Mr Macken added, he had no problem with there being an early hearing of that interlocutory application. He added that his client had had numerous meetings with local people and had told them what the company was doing.
Mr Justice Quirke made directions for the exchange of legal papers in the case but indicated that if the parties wished a speedy hearing, they would have to apply to the President of the High Court.
The proceedings have been brought by DDCS against Saorgus Energy Ltd, Coillte Teoranta and Gort Windfarms Ltd.