Court overturns permission for Wexford wind farm
An Bord Pleanála had approved development of three wind turbines and substation
An Bord Pleanála’s approval of a Wexford wind farm was quashed by the High Court. Photograph: PA
The residents’ legal costs will also be paid by the board under the settlement of their case.
On consent of the board, Mr Justice Charles Meenan this week granted orders quashing its approval for a development of three wind turbines and an electricity substation at Tominearly and Killegney, Clonroche, Co Wexford.
The proceedings were also brought against the Minister for Housing and the State but, on consent of the sides, the claims against those parties were struck out with no order.
The case arose after permission was granted by the board to Ballinclay Windfarms Ltd last November to build the turbines.
The developer had appealed to the board after Wexford County Council in February 2016 refused planning permission for the development.
The council’s refusal was for reasons including that the turbines would create a significant visual intrusion on the low-lying landscape and would be contrary to wind energy guidelines and the objectives of the Wexford County Development Plan.
The eight residents, represented by solicitors Noonan Linehan Carroll Coffey, had challenged the board’s decision on grounds including alleged failure to carry out a proper environmental impact assessment of the development prior to taking the decision.
They also alleged failure to carry put a strategic environmental assessment (SEA) in line with the requirements of the relevant 2001 SEA Directive on assessment of certain plans and programmes for the environment.
The eight were among 130 people who lodged observations in relation to the planning application for the proposed wind farm.