Energy giant pays off fisherman blocking Wicklow wind farm 

A fisherman from Co Wicklow has settled with an offshore wind developer in a landmark case expected to send waves through a renewable energy ­industry grappling with mounting legal challenges.

Last May, Ivan Toole, whose fishing company operates out of Greystones, brought a judicial review on environmental grounds against the minister of state with responsibility for planning and local government over the granting of a foreshore licence to RWE, a German energy group and notice party in the case.

The licence granted RWE the right to survey a section of sea off the east coast before applying for planning permission for its €1.5 billion offshore wind farm.

In December the High Court referred a number of questions to the Court of Justice of the European Union, potentially delaying judgment by up to 12 months.

The Sunday Times has learnt that Toole and RWE reached an agreement earlier this year to settle the case. Toole’s legal costs of about €500,000 were paid. A settlement was also paid by RWE as part of Toole withdrawing his judicial review proceedings and for continuing co-operation with the surveying process.

The agreement, the first of its kind to be reported in the offshore sector, highlights the growing unrest between the government, developers and communities and fishermen over the future of ­Ireland’s coastlines and seas.

Under EU law, judicial reviews brought on environmental grounds have their costs protected, even if an applicant loses the case. The measure is based on the justification that the environment cannot protect itself and so restrictions for environmental cases should be reduced.

The offshore industry fears the law leaves the door open to a string of judicial reviews which are only set to grow and which will delay the delivery of essential infrastructure needed for Ireland to meet its legally binding climate obligations.

Toole has launched separate judicial review proceedings against the minister for housing in relation to the foreshore licence for Codling Wind Park, a 1,300 megawatt project off Wicklow being developed by EDF and Fred Olsen Seawind. The Codling licence is subject to another judicial review brought against the housing minister by a group which includes Charles Featherstone, a fisherman in Wicklow.

Toole, whose company, Golden Venture Fishing, sells lobster, crab and whelk, said that the foreshore licences would affect delicate marine ecosystems. “The Kish and Codling banks are highly, highly sensitive areas,” he said. “They should have never been built in this area.”

He added that the surveying, which involved scanning the seabed and drilling small boreholes, affected fishing in the area. “When your static gear is anywhere near [the surveying], it has a dramatic effect on what you catch,” he said.

Accounts for 2022 show that Golden Venture Fishing turned over €878,597 and had a profit before tax of €262,196. Toole said the company ran three small vessels and employed about nine people.

An RWE spokesman said the company was committed to “proactive engagement” with communities on offshore wind schemes, but added such projects were vital for Ireland to reach net zero.

In the coming months four big offshore wind projects with a combined output of over three gigawatts are expected to apply for planning permission – the developers are proceeding on the basis that they will all face judicial reviews.