Cork Wind farm approval quashed
Mr Justice Bernard Barton ruled the permission must be quashed after finding that the process under which An Bord Pleanála had decided relevant issues concerning compliance with two European directives — the Habitats Directive and the Environmental Impact Assessment Directive — did not comply with Irish law.
The judge, whose written judgment will be published later, yesterday adjourned making formal orders in the case to March 10.
The legal challenge was brought by Klaus Balz and Hanna Heubach, Bearr na Gaoithe, Inchigeelagh, over An Bord Pleanála’s grant of permission to Cleanrath Windfarm Ltd to construct 11 turbines up to a height of 126m, and other structures including a 85m meteorological mast, at Cleanrath, Co Cork.
The couple operate a shrubbery business located some 650m from the nearest turbine on the proposed development.
Cork County Council had refused permission for the project in June 2011 because it considered it would result in destruction of a a habitat of high ecological value and have a major impact on an area of high local biodiversity value, the court heard.
The council’s refusal was successfully appealed to An Bord Pleanála which in April 2013 granted permission.
The couple then initiated their judicial review proceedings against the board, with the council and Cleanrath Wind Farm Ltd as notice parties.
The couple argued the board’s decision was flawed on grounds including failure to carry out an environmental impact assessment.
The board, it was claimed, failed to carry out an appropriate assessment on nearby sites.
