April 17, 2015
Ireland

Families to appeal windfarm ruling

Ann O’Loughlin | Irish Examiner | April 17, 2015 | www.irishexaminer.com

Bord Pleanála can reconsider an application for planning permission for a windfarm development in Co Cork in accordance with findings of the court concerning assessment of the development’s environmental impact, the High Court has ruled.

A number of local families who sought to have the permission fully quashed on grounds including there was no proper assessment of the impact on their homes of noise from the turbines are to seek leave to appeal the remittal decision.

Last December, Mr Justice Michael Peart quashed the board’s decision granting permission to Framore Ltd for the development of six wind turbines at Réidh na nDoirí, Ballingeary, after finding an environmental impact assessment (EIA) of the proposed development had to be considered as part of an overall assessment of how they will be connected to the national power grid.

Yesterday, the judge granted an application by the board, supported by Framus, for the matter to be remitted .

If the board, a statutory body, believed it could carry out an EIA to accord with the court’s findings, the court should not lightly reject the application to remit as the other option was to return the matter to “square one” which had the potential to be wasteful in terms of delay and costs, the judge said.

He said he would deal with an application by counsel for the residents seeking a certifiate for leave to appeal the remittal next month.

URL to article:  https://www.wind-watch.org/news/2015/04/17/families-to-appeal-windfarm-ruling/