Gougane Barra group 'very confident' it can raise €95k to challenge windfarm
Local residents Tim Twomey, Paul Lynch, and local hotelier Neil Lucey at Gougane Barra, west of Macroom who are concerned over another proposed new wind farm which will have wind turbines standing 178m tall at the Pass of Keimaneigh near this scenic area. Picture: Dan Linehan
A date has been set for the High Court to consider a judicial review application by a rural community group which is “very confident” it can raise €95,000 to challenge planning permission for a windfarm near picturesque Gougane Barra.
Gaeltacht development group Coiste Forbartha Béal Átha ‘n Ghaorthaidh has lodged papers seeking leave to bring a legal challenge against An Bord Pleanála’s decision to grant permission for a seven-turbine windfarm less than 3km from one of Cork’s most scenic attractions.
Mr Justice Charles Meenan has set a date of April 27 for the application to be considered and the development group has already raised a third of the amount needed to cover legal costs, should the review be granted.
Gougane Barra Hotel owner Neil Lucey, spokesperson for the community campaign, said that having raised over €30,000 so far via a public appeal, the group is “confident, because a lot of people have promised us support, and every day there are people donating and making pledges”.
“There are messages, letters, postcards, emails coming in because people are touched by Gougane — it means so much to so many,” said Mr Lucey.
The group opted to apply for a judicial review following An Bórd Pleanála’s controversial decision in January to grant Wingleaf Ltd permission for a windfarm in the townlands of Curraglass and Derreendonee.
The 178.5m high turbines are believed to be the biggest ever proposed for County Cork.
The decision overturned the earlier planning refusal by Cork County Council, which said the windfarm would materially contravene the objectives of the county development plan and “would be excessively domineering from very many vantage points over a wide area”.
The ruling was also contrary to the recommendation of An Bord Pleanála’s own senior planning inspector Kevin Moore, who said: “This is a development that would have significant adverse environmental and visual impacts and is not sustainable at this highly sensitive location.”
However, An Bord Pleanála ruled that the windfarm would “make a positive contribution to the implementation of Ireland’s national strategic policy on renewable energy and its move to a low energy carbon future”.
A judicial review such as that now sought by the Coiste Forbartha can examine the legal process by which a planning decision was reached.
For a review to go ahead, an applicant must first satisfy a High Court judge that there are substantial grounds for contending that the decision of An Bord Pleanála is invalid or ought to be quashed.
A review of the lawfulness of a planning decision could examine grounds including an alleged failure to have appropriate regard for relevant matters such as an official recommendation; failure to provide reasons for material contravention of a development plan; or lack of compliance with relevant Irish or European legal requirements.
The Coiste Forbartha’s decision to apply to the High Court follows public outcry over the granting of planning permission, with more than 11,000 people from 40 countries signing a petition on Change.org opposing the windfarm.
A full meeting of Cork County Council on February 14 saw cross-party support for letters to be sent to Environment Minister Eamon Ryan and An Bord Pleanála, expressing the council’s opposition to the development.
In less than a month the Coiste Forbartha has raised €30,000 to fight the case, but if granted permission for a judicial review it will need to find another €65,000. The Save Gougane Barra Fund is on iDonate.
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