Library filed under Legal from Europe

Is there hope for CS Wind?

But Pat Rafferty, Scottish secretary of the union Unite, said: ‘The fact that an injunction has been taken out against the company to prevent it from asset stripping equipment is unheard of and highlights the major concerns which governmental bodies hold regarding the intentions of CS Wind. ‘The factory should be one of the crown jewels in Scotland’s renewables industry as it manufactures onshore and offshore wind turbines, but it has been lying idle for months now.
13 Mar 2020

Siblings who became ill next to wind farm settle case

The Kellehers claimed they started experiencing health problems in and around their family farm from May 2016 and had to move out of their home in November 2016. ...They claimed their symptoms eased after they moved away but returned if they spent any time attending at or assisting on the family farm. The defendants denied the claims, denied any breach of constitutional rights and said the wind farm was operated in a lawful manner.
26 Feb 2020

Ireland pays €5m fine over Derrybrien wind farm failure

These sanctions, amounting to €105,000 every week, will not be lifted until the ESB completes a retrospective environmental impact assessment at the development. The ECJ ruling said the breaches of environmental standards were a matter of "indisputable seriousness". The court said the Irish response had been delayed, insufficient and unjustified.
5 Feb 2020

Court orders Waterford wind farm must be put on 'standby mode'

On Friday, Mr Justice Simons said the developer was precluded by law from re-agitating the argument that the as built turbines are authorised by a 2011 planning permission. The developer had a full opportunity to make its case before the board and it did not challenge the decision they were not exempt under Section 5 of the Planning and Development Act 2000, he said. The developer could not, therefore, reopen the board’s findings in the High Court proceedings. 
6 Dec 2019

Council loses Supreme Court appeal over whether community fund donation was material consideration for grant of planning permission

The Supreme Court has upheld a ruling that a district council acted unlawfully when, in granting planning permission for a wind turbine, it took into account a proposed donation to a local community fund. ..."they were proffered as a general inducement to the Council to grant planning permission and constituted a method of seeking to buy the permission sought, in breach of the principle that planning permission cannot be bought or sold." 
20 Nov 2019

State fined €5m over Co Galway wind farm

The wind farm was regarded as one of the largest in the EU when a landslide occurred during its construction in October 2003 by an ESB subsidiary, Hibernian Wind Power. At the time, large areas of forest and peat up to a depth of 5.5 metres on the top of the Cashlaundrumlahan mountain had been removed, causing the 2km-long “environmentally devastating” slide. Fish were killed and waterways polluted when half a million tonnes of peat and debris was displaced.
12 Nov 2019

Finney v Welsh: Court of Appeal Decision

Finney_v_welsh_ministers_etal__11-5-2019_thumb In Finney v Welsh, the appeal court supported the decision to refuse an increase in wind turbine height after finding that a 10-meter increase in turbine height would be a material change that would be inconsistent with the description of the permitted development and thus would result in a different development. A section of the decision is provided below. The full decision can be accessed by selection the document links on this page.
5 Nov 2019

Italy's “Lord of the Wind” gets 9 years for financing mafia

Before his downfall, Nicastri operated as many as 43 wind and solar energy companies and had 98 properties. At the time of his arrest and asset seizure, in 2013, the BBC quoted the head of the Palermo-based anti-mafia agency, Arturo de Felice, as saying "This [wind energy] is a sector in which money can easily be laundered."
3 Oct 2019

EU court: Ireland should pay €1k a day for environment failings

A legal opinion issued by the Court of Justice of the EU (CJEU) has proposed that the State should be handed a daily fine of €1,000 for every day since its earlier ruling on July 3, 2008, until it achieves compliance with EU environmental legislation on assessing the impact of the development of a wind farm at Derrybrien in south Galway. Such a fine, if confirmed by the full ruling of the CJEU later this year, would result in a figure of €3,998,000 to date.
15 Jun 2019

Wind farm regulation cannot just be hot air

The issue only came to light following investigations by local people over what they considered to be excessive noise pollution. So far, so straightforward. Last November, An Bord Pleanála ruled that it constitutes an unauthorised development. Now, the enforcement order has been issued and the developer has six months to comply with the planning permission. As might be expected, the developer has applied to retain the structures.
5 Apr 2019

‘Unauthorised’ wind farm told to cease operations

A wind farm which was not built according to planning permission has been issued with an enforcement notice to cease operations. Barnafaddock Wind Farm in Ballyduff Upper, Co Waterford, was built using turbine 103m-diameter blades. It had permission for 90m-diameter blades. Last November, An Bord Pleanála ruled that the wind farm constituted an unauthorised development because of the anomaly.
5 Apr 2019

Stuartfield couple win battle against ‘jet-like’ turbines

Mr and Mrs Milne did not object to the development, as they were never given notice of them during the planning process. But the couple – who had considered building their own turbine on the land by their home – became so fed up with the noise that they complained to the council, and after being unsatisfied with the impact the noise notice issued, decided to go to Aberdeen Sheriff Court to get their own order.
9 Mar 2019

Planning appproval for Co Clare wind farm overturned

In its Supreme Court appeal, the board argued the High Court judgment set a “very high threshold” concerning the reasoning requirements for a planning decision maker when a decision involves either an EIA or an AA. If the High Court findings were upheld, that would have serious consequences for how the board and other planning authorities approach making decisions, it argued.
17 Jul 2018

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