Judge gives green light to Tipperary wind farm

A proposed wind farm development in North Tipperary which had been challenged in the High Court by local residents and environmentalists, has been given the go-ahead by a judge.

Mr Justice Raymond Fullam said Edel Grace and Peter Sweetman had failed to present the court with a convincing explanation as to why they had not been involved in the planning decision process.

Craft artist Ms Grace and environmentalist Peter Sweetman had sought a judicial review of a decision of An Bord Pleanála in July last year to grant ESB Wind Development Ltd planning permission for the 16-turbine farm on the slopes of Keeper Hill in the Silver Mines Mountains.

They had claimed the wind farm would result in the permanent and irrevocable loss of the habitat of the hen harrier, a protected species.

In their legal challenge against the planning board, Ms Grace, of Grousehall, Milestone, Thurles, and Mr Sweetman, of Bunahowen, Cashel, Co Galway, claimed An Bord Plenála had granted planning permission despite an inspector’s report to the contrary.

ESB Wind Development Ltd, Coillte, and the Department of Arts, Heritage and Gaeltacht were notice parties to the proceedings.

Ms Grace and Sweetman had claimed the farm would include 16 wind turbines, access tracks, an electrical transformer station, control buildings, and a substation.

They had claimed planning permission was in breach of the EU’s Habitats Directive, the EU Environment Impact Assessment Directive and legal authorities of the European Court of Justice.

Both had claimed the heritage department had recommended that permission should not be granted. They had claimed almost 400 acres of hen harrier foraging across the mountain range would be lost.

Ms Grace and Mr Sweetman had claimed a proper environmental impact assessment had not been carried out and the inspector’s report had also warned of a substantial risk of peat slippage, as a result of the wind farm development.

They also claimed the proposed development would significantly detract from the “protected view” of Keeper Hill in Co Tipperary.

Judge Fullam said the inspector had considered the legal requirements under the Habitats Directive were properly addressed by a proposed replacement habitat.

He said the plan proposed by ESB Wind Development Ltd stated the potential loss of habitat of 162 hectares at turbine location would be replaced by the provision of 164 hectares of habitat during the lifetime of the project.

Judge Fullam said the issues raised by Ms Grace and Mr Sweetman had been clearly considered. He adjourned the question of legal costs to October 13.