Decision to grant planning permission for Cork solar farm overturned

A decision by An Bord Pleanala to grant planning permission for a proposed electricity generating solar farm in Co Cork has been overturned by the High Court.

In judicial review proceedings Environmental activist Peter Sweetman sought orders against both An Bord Pleanála and the State aimed at quashing the November 2018 decision giving the go-ahead for the solar farm on a 67.8 hectare site at Fiddane, Ballyhea, Co Cork.

An Bord Pleanála opposed the application arguing its decision should remain undisturbed.

It had granted planning permission fir the solar farm after Mr Sweetman appealed an earlier decision, by Cork County Council, to grant permission for the development.

The developer of the proposed solar farm, IGP Solar 8 Ltd was a notice party to the High Court proceedings.

In his judgement on Friday Mr Justice Denis McDonald found an Bord Pleanála did not carry out a proper screening exercise for Environmental Impact Assessment (EIA) in relation to the proposed development.

This failure the Judge added, rendered its decision to grant permission invalid.

Other arguments advanced on behalf of Mr Sweetman including that the proposed solar farm required to be assessed under the European Environmental Impact Assessment Directive were dismissed after the judge found the arguements had not been properly made out.

The judge also held the proceedings against the State must also fail on the grounds that the case against Ireland and the Attorney General was not properly pleaded as is required.

Mr Sweetman had argued if An Bord Pleanála had made its decision to grant planning permission for the solar farm under Irish law, then it must follow that the State has failed to adequately transpose EU directives on Habitats and EIAs.

No provision of Irish law was indentified by the plaintiff which it is alleged fails to properly transpose the provisions of those directives, the judge said.

The court, after hearing submissions from the parties, will rule at a later date if the matter can be remitted back to An Bird Pleanala for a fresh consideration.

The judge adjourned the matter to allow the parties consider his decision.