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High Court: Cork residents’ challenge to wind farm dismissed

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in the decision making process”.

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About this case:

As such, the Directive should not be construed in the most onerous manner possible, and that the Courts should be “astute to ensure the objectives of the Directive are met but not in an overly pedantic way”.

Justice McGovern was not satisfied that the residents had “raised any point on the substantive E.I.A. carried out nor… purported to allege any deficiency in the E.I.A”.

Considering the judgments of the Supreme Court in O’Connor v. Environmental Protection Agency 1 I.R. 530 and Martyn v. An Bord Pleanála 1 I.R. 336, Justice McGovern deduced that an E.I.A. could be carried out at a stage wherein the partial consent for part of an overall project had been given.

Conclusion

Dismissing the residents’ application, Justice McGovern held that:

  1. the E.I.A. assessment conducted by the board was adequate;

  2. the Appropriate Assessment was conducted with complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effect of the proposed development on the three European sites referred to the decision of the board and in particular, the effects of other wind farms projects and sources of drainage run-off on Gearagh Candidate Special area of Conservation;

  3. the residents’ did not establish any grounds for relief on the basis of the s. 132 notice;

  4. the permission granted did not authorise the development of the grid connection between Cleanrath and Derragh wind farm sites.

    • by Seosamh Gráinséir for Irish Legal News

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