High Court challenge to Co Clare wind farm extension

The challenge is against the board’s decision to grant ESB International permission to build an additional seven turbines at a wind farm development located at Boolynagleragh in Co Clare.
 
Environmentalist Peter Sweetman has begun a High Court challenge against a decision by An Bord Pleanála to grant planning permission for an extension to an existing wind farm.

The challenge is against the board’s decision to grant ESB International permission to build an additional seven turbines at a wind farm development located at Boolynagleragh in Co Clare, which Mr Sweetman says is “unreasoned and unreasonable” and “contrary to law”.

Represented in the action against the board by Oisin Collins BL and O’Connell & Clarke Solicitors, Mr Sweetman seeks an order quashing the planning authority’s decision of June 13th last to grant planning permission in respect of a windfarm development at Boolynagleragh.

Mr Sweetman also seeks a declaration from the court that he is entitled to pursue the action at a cost that is not prohibitive. Both Clare County Council, which turned down the extension application in 2014, and ESB International are notice parties to the proceedings.

Mr Collins told the court it is his client’s case that the Council granted permission for the extension without carrying out an appropriate assessment of the application, something it is argued is contrary to both National and European law.

Counsel said the local authority had turned down the application for an extension after its planning officer had expressed significant environmental concerns in relation to the proposed extension, including concerns about habitats.

ESB International appealed that decision to An Bord Pleanála which granted permission to the developer.

Permission to bring the challenge was granted, on an ex-parte basis, by Mr Justice Richard Humphreys. The Judge made the matter returnable to a date in October.