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Laois wind farm proposal hit with high court challenge: Environmental group concerned about impact on hen harrier birds
Credit: Laura McLoughlin · 23 Mar 2024 · leinsterexpress.ie ~~
Plans for a 40 megawatt wind farm near Mountmellick have been hit by a high court challenge.
Judicial review proceedings have been launched against An Bord Pleanála’s decision to grant planning permission to Statkraft Ireland Limited for eight 185 metre high wind turbines in the townlands of Dernacart Forest Upper and Forest Lower.
The application has been brought to court by environmental NGO, Eco Advocacy CLG.
In documents lodged with the court, seen by the Leinster Express/Laois Live, the campaign group allege the An Bord Pleanála inspector failed to identify and examine the implications of the proposed project for the hen harrier bird species found outside the boundaries of the Slieve Bloom Mountains Special Protection Area (SPA) and outside the wind farm.
They claim the hen harriers from the SPA have been known to roost on the peatlands immediately to the north of the proposed wind farm. They say the flight from the SPA to the Garryhinch Bog roost site could take the hen harriers through the site of the proposed development.
Laois County Council previously refused the application on the grounds of the negative impact it could have for local bat populations.
That decision was appealed to An Bord Pleanála by Statkraft Ireland in May of 2021.
The An Bord Pleanála inspector found that “the impact to bat populations is considered to be slight to imperceptible residual negative effect with the mitigation measures implemented, there is therefore no reason why the proposed development cannot proceed.”
In relation to the hen harriers the inspector noted hen harriers were not recorded at the site during extensive bird surveys but also stated “commuting/foraging hen harriers from the Slieve Bloom Mountains SPA may utilise the site”. The applicant argues that for this reason an appropriate assessment should have been carried out.
Eco Advocacy CLG allege the inspector did not take into account the flight of the birds and also highlighted concerns raised by scientists from the National Parks and Wildlife Service (NPWS) about the hen harrier survey and concerns that the impact on the conservation objectives of the Slieve Bloom Mountains SPA was not adequately assessed.
An Bord Pleanála granted planning permission for the wind farm in January 2024 subject to 26 conditions.
When contacted about the High Court Challenge a spokesperson for Statkraft Ireland said: “Statkraft is disappointed by the recent legal action as this further delay is coming at a time when we need every megawatt of renewable energy possible. Once completed, this project would have the capacity to power over 40,000 homes with clean energy. While developing this proposal, we listened carefully to the local community and will continue to do so, if it is approved, in order to deliver a project appropriate to the local area. If the wind farm proceeds to construction, the process would take between 18 and 24 months and the local community will be kept informed at every stage.”
The case is due to come before a sitting of the High Court again on April 8, 2024.
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