An Bord Pleanála concedes legal battle over Gougane Barra wind farm

Community group Coiste Forbartha Béal Átha ’n Ghaorthaidh CLG had petitioned against what would have been the biggest wind turbines in Co Cork

St. Finbarr's Oratory at Gougane Barra. An Bord Pleanála's ruling also ran contrary to the recommendation of their 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." File picture: Denis Minihane.

“Justice has been done; common sense prevails.”

That was the reaction from campaigners opposed to a wind farm planned near scenic Gougane Barra, after their legal representatives told them that An Bord Pleanála has conceded a legal battle over planning permission.

Community group Coiste Forbartha Béal Átha ’n Ghaorthaidh CLG had petitioned against the seven-turbine wind farm planned by Wingleaf Ltd.

They have now been told An Bord Pleanála will not be continuing its defence of a legal action brought by the group, contesting the planning board’s decision to overturn Cork County Council’s planning permission refusal.

A ‘Save Gougane Barra’ appeal raised over €64,000 towards the group’s costs in fighting the legal case. Campaign spokesperson Neil Lucey, owner of the Gougane Barra Hotel, said: “We are delighted with this great result; we feel that justice has been done, common sense prevails, and democracy restored in this situation.” 

The group’s solicitors said An Bord Pleanála has “confirmed that it will not contest or oppose the case and concedes to the High Court the making of a High Court order quashing the An Bord Pleanála decision to grant planning permission to Wingleaf Ltd for the development of up to seven wind turbines and associated works”.

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

The development would have involved the construction of 178.5m turbines in Curraglass and Derreendonee. Supporting infrastructure included a 38kv electricity substation, battery banks, quarries, deforestation, access roads, and widening of an access junction on the Shehy Mountains overlooking Gougane Barra and the Pass of Keimaneigh.

Original refusal

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 ran 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 previously ruled the wind farm 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 meeting of Cork County Council on February 14 unanimously declared its opposition to the wind farm.

On April 27, an application by the Coiste Forbartha for leave to seek a judicial review was granted by Mr Justice Meenan. That court action paved the way for the Gaeltacht group to challenge An Bord Pleanála’s decision to grant permission for what would be the biggest wind turbines in Co. Cork.

Mr Lucey commended the “great work of Joe Noonan of Noonan Linehan Carroll Coffey LLP and their legal teams for outstanding effort”. 

A spokesperson for An Bord Pleanála told the Irish Examiner: "Following the receipt and consideration of legal advice, An Bord Pleanála has notified the participants in the case and the court, that it will not be contesting the legal challenge lodged, and will therefore consent to a quash of its decision when the matter next comes before the court."