A couple has been refused permission by the High Court to appeal a decision to dismiss their challenge to An Bord Pleanála’s permission for construction of a wind farm near their home in Co Cork.
Klaus Balz and his wife Hanna Heubach run a family horticulture business from their home at Bear na Gaoithe, 637 metres from the proposed wind farm at Cleanrath, Inchigeelagh.
After a permission granted to Cleanrath Windfarm Ltd for construction of 11 wind turbines was overturned by the High Court in February 2016, the developer brought a fresh planning application.
Cork County Council granted permission for six turbines subject to 40 conditions.
However, the Board, by a 3/1 decision of April 2017 on various appeals, granted permission for 11 turbines subject to 22 conditions. That permission was in line with many, but not all, recommendations of a Board inspector.
Last May, Mr Justice Robert Haughton dismissed all grounds of the couple’s judicial review challenge to the Board’s decision.
The couple sought a certificate from the court for leave to appeal that decision under Section 50A(7) of the Planning and Development Act, 2000. Under the Act permission has to be sought for leave to appeal in such cases.
Today, Mr Justice Haughton said that as no points of law of exceptional public importance had been raised, the application for a certificate to appeal was refused.