The High Court has cleared the way for the development of a windfarm in Co Tipperary after rejecting challenges brought on grounds including it would adversely impact on the habitat of the hen harrier.
Mr Justice Raymond Fullam refused to refer to the EU Court of Justice a decision by An Bord Pleanála permitting development of the windfarm.
He also refused to certify the case raised points of law of such exceptional importance it was desirable in the public interest they be determined by the Court of Appeal.
His decisions mean the development at Upperchurch can proceed.
Edel Grace, of Grouse Hall, Milestone, Thurles, along with environmental consultant Peter Sweetman, Bunahowen, Cashel, Co Galway, brought proceedings over the Bord’s decision allowing a windfarm development at Keeper Hill in the Silvermines mountains.
The proposed development comprises 16 turbines, access tracks, an electrical transformer station, control buildings and a substation.
Ms Grace and Mr Sweetman sought orders quashing the grant of a 10-year permission to ESB Wind Development and Coillte to build the windfarm.
The action was against the Bord while ESB Wind Development Ltd, Coillte, and the Department of Arts, Heritage and Gaeltacht were notice parties.
In his ruling yesterday , Mr Justice Fullam refused leave to appeal [ends]
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