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In a recent court judgment at the end of 2014, O’Griana v An Bord Pleanala, Cork Co Council and Framore Limited, Justice Peart ruled that planning permission should not be granted for an windfarm project requiring a grid connection unless the grid connection details are provided in the Environmental Impact Assessment (EIA) process.

The case related to a 6 turbine wind farm in at Réidh na nDoirí, Ballingeary, Co. Cork and is one of many wind farm permissions which are currently being challenged in the courts.

To date planning authorities have accepted developers’ claims that details from ESB Networks are often not available at the time of planning and this element can be dealt with via a separate application subsequent to the application for the wind farm itself.

Essentially Justice Peart quashed the decision of An Board Pleanala to grant permission on the basis of ‘project splitting’, which is a recognised term for dividing up the true extent of a development. The grid connection for the proposed wind farm was considered to be an integral part of the project and the wind farm could not be dealt with as a stand-alone project in respect of EIA.

This decision could yet be appealed.

An Bord Pleanala have refused permission for 11 no. turbines in Ardglass, East Cork, by Order dated 2nd December 2014. The turbines would have measured 156m (the Spire in Dublin is approx. 120m). A number of sources have quoted these turbines as being the tallest on-shore turbines proposed in Ireland.

The Board refused permission having regard to:
(a) the Cork County Development Plan 2009- 2015,
(b) the Wind Energy Guidelines 2006,
(c) the number, scale and height of the proposed turbines,
(d) the location of the site in a quiet rural elevated upland plateau, and
(e) the lack of significant landscape features in the area,
stating that they were not satisfied that on the basis of the documentation submitted that the proposed development, by reason of the open and exposed nature of the receiving landscape, and by reason of proximity to noise sensitive receptors, would not result in serious injury to the visual and residential amenities of the area.

The Board was also not satisfied that the planning application would not have a significant adverse impact on the ecology of the area, including protected species, and that insufficient information was contained within the file to allow it to conduct a screening for Appropriate Assessment.

Finally, the Board also considered that Read the rest of this entry »

Leefield Ltd, SuperValu, Tramore, Co Waterford, has instigated proceedings against An Bord Pleanála seeking a judicial review of the Board’s decision to grant permission to O’Flynn Construction for the construction of a retail store, café, and staff facility near the former Murphy barracks at Ballincollig. Leefield Ltd runs a supermarket in Ballincollig and claims the Board’s decision is flawed and should be quashed as the Board failed to give proper reasons for granting permission and failed to address the loss of woodland that would occur if the development proceeded. The Board’s planning inspector had recommended that the planning application be refused.