Gougane Barra group wins right to challenge planned windfarm

High Court grants leave to Cork group to challenge An Bord Pleanála's granting of planning permission for the turbines

An application by Coiste Forbartha Béal Átha 'n Ghaorthaidh for leave to seek a judicial review has been granted by the High Court and paves the way for the Gaeltacht development group to challenge An Bord Pleanála’s decision granting permission for a wind farm near Gougane Barra.

The High Court has granted a small village development group leave to challenge a windfarm planned for one of West Cork’s most scenic areas in what has been described as a possible “legal landmark for future cases”.

The application by Coiste Forbartha Béal Átha 'n Ghaorthaidh for leave to seek a judicial review was granted on Wednesday by Mr Justice Charles Meenan. It paves the way for the Gaeltacht development group to challenge An Bord Pleanála’s decision to grant permission for the biggest wind turbines ever proposed in Co Cork.

An Bord Pleanála had given the green light to the seven-turbine development in January after it had been refused planning permission by Cork County Council.

The development by Wingleaf Ltd would involve the construction of 178.5m turbines in the townlands of Curraglass and Derreendonee. Supporting infrastructure would include a 38kv electricity substation, battery banks, quarries, deforestation, access roads, site drainage, and widening of an access junction on the Shehy Mountains overlooking Gougane Barra and the Pass of Keimaneigh.

This windfarm at Derrach, West Cork is just one of many that surround Gougane Barra. Picture: Dan Linehan

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In its refusal, Cork County Council said the development would materially contravene the objectives of the Cork County Development Plan and “would be excessively domineering from very many vantage points over a wide area”.

The ruling also runs contrary to the recommendation of An Bord Pleanála’s own senior planning inspector, 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”.

The development group’s decision to go to the High Court comes on foot of public outcry over An Bord Pleanála’s decision to overturn the council’s planning refusal.

A petition launched on change.org attracted more than 10,000 signatures in little over a week and a public appeal aimed at raising €95,000 to cover the costs of the legal challenge has already raised in excess of €30,000.

“We are heartened by the local, national, and international support that has poured in for the campaign over the last few weeks and thank everyone for helping us bring the fight this far,” said campaign spokesman Neil Lucey, owner of the Gougane Barra Hotel.

“We are very pleased to have been given leave to appeal the decision of An Bord Pleanála in this case. 

We are hopeful of a good result in the upcoming judicial review, and that this will become a legal landmark for future cases of this nature.

“We invite everyone touched by the magic of Gougane Barra to join us in this fight to preserve it for future generations by making a contribution to the cause, or by spreading the word of our campaign.” 

• For details of the group’s petition and fundraising campaign, visit ballingeary.com.