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Planning permission on wind farm void
Credit: The Irish Times | January 25, 2013 | www.irishtimes.com ~~
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A woman has won a High Court ruling that a decision to grant planning permission for a wind farm near her property in the Glenties area of Donegal is void insofar as it affects her property.
Margaret McCallig failed to have the entire decision quashed after Mr Justice Daniel Herbert rejected her claims it was made on the basis of insufficient information, including about the effect on wildlife and potential for depopulation of a Gaeltacht area.
She claimed An Bord Pleanala’s decision granting permission to PJ Molloy for 29 wind turbines near Glenties was incorrect because the site included lands belonging to her.
Although the permission required the deletion of four turbines nearest her property, she said construction works on the rest of the project will still impinge on her land. An Bord Pleanála and Mr Molloy, as a notice party, disputed her claims.
Yesterday Mr Justice Daniel Herbert granted a declaration that the decision, insofar as it affects her property, is void. Refusing to quash the entire decision, he said it was difficult to see how the heritage of the area could be affected by a wind farm or that the board did not have sufficient information about that when making its decision.
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