Library filed under Legal from Ireland
The King’s Highway issue has been raised in a legal case that is a shining example of the problems between developers and opponents of wind farms, writes Michael Clifford. Who owns the King’s Highway? The question might appear redundant in this Republic, but it is the latest to be asked in the perennial struggle around wind farms in rural Ireland.
The court said it was setting aside An Bord Pleanala’s decision on grounds including that irrelevant considerations were taken into account by the planning authority when it turned an application by Element Power Ireland Ltd to develop the project.
Pádraic Dolan, of the Meath Wind Information Group, said his organisation was confident that any challenge would be unsuccessful. He told the Irish Daily Mail that the planning board had been unequivocal in its refusal, citing the proximity of the wind farm to a large number of homes, and the landscape’s cultural significance.
A number of local residents have secured High Court orders on consent quashing An Bord Pleanála’s approval of permission for a windfarm in Co Wexford. The residents legal costs will also be paid by the Board under the settlement of their case.
The eight residents, represented by solicitors Noonan Linehan Carroll Coffey, had challenged the board’s decision on grounds including alleged failure to carry out a proper environmental impact assessment of the development prior to taking the decision.
A couple has launched a High Court challenge over a decision to grant planning permission for a windfarm development close to their Cork home.
A group of families in a north Cork village who sued a wind farm operator claiming the huge turbines adversely affected their health have settled their High Court actions.
The Court of Justice of the EU (CJEU) is to be asked to decide issues concerning the extent of Coillte's environmental responsibilities in relation to grid connection works for a wind farm in Co Laois.
Clonroche residents have confirmed that a legal challenge is under way against An Bord Pleanala's decision to grant planning permission for a windfarm development on Ballinclay Hill.
The Farmers Journal understands that the cases taken by the families claim that the wind farm caused them nuisance as a result of excessive noise. The wind company is Enercon Wind Farm Services Ireland Ltd and it formally admitted liability to the Court.
A number of families in Co Cork who were forced to leave their homes because of noise from a nearby wind farm have won a significant case in the High Court this week. ...A spokesperson for Wind Aware Ireland said: “There now is a possibility for multiple legal actions against wind farms right around the country."
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.
“At a time when the UK and many other European countries are turning away from wind and investing in better alternatives that are greener, more secure, cost effective and more employment intensive, we need to do the same.
The public interest in ensuring alternative non-carbon based energy sources are brought to the market cannot give this, or any other wind farm, “a licence to breach the planning laws”, he said. There is a public interest in ensuring those laws are adequately enforced and judicial failures to make mandatory orders may “dilute” effective enforcement.
The Supreme Court has agreed to consider a challenge to An Bord Pleanála’s granting of planning permission for a wind farm in Co Tipperary after ruling that the case raises issues of public importance.
In their proceedings, the applicants had sought to quash the board’s granting of a 10-year permission to ESB Wind Development and Coillte to build the wind farm. They claim the permission breaches the EU habitats directive and the EU environment impact assessment directive.
A challenge to a €120 million wind farm in Co Offaly by local residents – who claimed it would affect their mental health, property prices and the habitat of the Whooper swan – has been dismissed by the High Court.
Edward ‘Ned’ Buckley had agreed to a single turbine being erected on adjacent land as part of an overall €30m development of 22 wind turbines by Kilkenny–based Ecopower Developments Ltd. However, he was shocked to discover a subsequent planning application sought provision for a 75m road across his land. ...Mr Buckley conceded that he had signed a document facilitating access but said he later withdrew consent before any decision had been made.
A wind farm company has claimed that Mayo County Council and the National Roads Authority were ‘inconsistent’ in the reasons they gave for denying planning permission for eight wind turbines in bogland near Bangor Erris.
In May 2013 the Supreme Court of Justice of Portugal decided that the remaining 3 turbines had to be removed from the vicinity of Mr. R’s property. The lower court had ordered the removal of the closest turbine but allowed the other three to stay, hence the appeal to the Supreme Court. The developer is apparently appealing the decision to the European Court. ...A bittersweet victory given that Mr R’s health is ruined and the family’s way of life destroyed. Money cannot fix that sort of damage. From a legal point of view what is important is that the courts, including the Supreme Court, accepted the expert evidence of the authors of this paper concerning the terrible toll that infrasound and low-frequency noise has on both humans and animals, whilst it rejected the opposing evidence led by the wind industry lawyers.