Court setback for company behind proposed €88m wind farm in Waterford

Planning permission for the wind farm had been refused because of proposed location in 'exclusion zone' for renewable energy projects and the visual impact of 185m-high wind turbines on a scenic area

Coumnagappul Wind Farm Limited wanted to apply for leave to challenge in the High Court a decision of An Bord Pleanála rejecting its plans to construct 10 wind turbines as part of a strategic infrastructure development across 211 hectares of farmland and upland heath located in the western foothills of the Comeragh Mountains. Stock picture

A company behind a proposed €88m wind farm in Waterford which was refused planning permission has suffered another setback after the High Court turned down its application to extend time to allow it apply for leave to mount a legal challenge.

Coumnagappul Wind Farm Limited wanted to apply for leave to challenge in the High Court a decision of An Bord Pleanála rejecting its plans to construct 10 wind turbines as part of a strategic infrastructure development across 211 hectares of farmland and upland heath located in the western foothills of the Comeragh Mountains.

The application for an extension of time was made to the High Court because the company was eight days over the time allowed by law to apply to the court for permission to bring a legal challenge.

Mr Justice David Nolan, refusing the application by Coumnagappul Wind Farm Limited, said it was not in the public interest to grant an extension.

“The interests of justice must be assessed in the context of the legislative objective of certainty and finality in planning decisions reflected in the strict time limits established by the Oireachtas,” the judge said.

To allow an extension of time in the case would, in his opinion, “significantly weaken the certainty and finality” which the Oireachtas sought to secure through the strict time limits imposed under the legislation.

The Planning Commission, in its decision last year, acknowledged the project was supportive of a policy objective of the Waterford City and County Development Plan 2022-2028 on renewable energy generation. However, it said the proposed wind farm, in the foothills of the Comeragh Mountains, was due to be located in an area identified as an 'exclusion zone' for such developments. File picture

An Bord Pleanála, which is now known as the Planning Commission last year, refused planning permission for the wind farm because of its proposed location in an “exclusion zone” for renewable energy projects and the visual impact of 185m-high wind turbines on a scenic area.

In his judgment published last week, Mr Justice Nolan said Coumnagappul Wind Farm decided it would challenge the commission decision by way of judicial review but failed to apply for leave from the High Court within the statutory eight-week period provided under the legislation.

The judge noted the date of the commission decision had been mistakenly read but when the error was discovered, the company applied for leave to seek to extend the time to apply for judicial review.

The judge said taking all matters into consideration, he did not believe Coumnagappul Wind Farm had established good and sufficient reason which were outside its control in order to seek an extension of time.

He said the delay of eight days beyond the statutory period was not in itself extensive. He accepted that once the error was identified, the company acted with expedition in bringing the application.

The judge said he also accepted the company contends that the proposed development is a significant renewable energy project.

Mr Justice Nolan said there was an “absence of a satisfactory explanation capable of constituting a good and sufficient reason for the delay". 

The Planning Commission, in its decision last year, acknowledged the project was supportive of a policy objective of the Waterford City and County Development Plan 2022-2028 on renewable energy generation. However, it said the proposed wind farm was due to be located in an area identified as an “exclusion zone” for such developments.

For that reason, it said approving the application would represent a material contravention of the county development plan. It also rejected the plans because of the visual impact of 185m-high wind turbines on a scenic area.

The company said the proposed wind farm had been sited and designed sympathetically to reduce potential significant effects on the environment and community and which recognised the importance of the surrounding habitat. 

It also contended it would have created 138 direct jobs and provided €4.9m for a local community fund as well as paying €21m to the local authority in rates.