An appeal by a Cork windfarm developer over a decision three wind turbines were built in “material” breach of the original planning permission is to be heard by the Supreme Court.

An order restricting operations on a windfarm in Cork has been stayed until June to allow the developer seek leave to appeal to the Supreme Court against the Court of Appeal’s findings it acted in “material” breach of planning permission.

A retired Cork engineer is entitled to orders requiring the dismantling of three wind turbines at Kilvinane, Co Cork, due to their being built in “material” deviation from planning permission, the Court of Appeal has ruled.