Articles filed under Legal from Europe

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

No criminal prosecution after windmill accident

The investigation has shown that the fire at the Piet de Wit wind farm of the Deltawind cooperative was probably caused by a short circuit. Although the employees had removed the electrical voltage from a large part of the turbine, a dropped tool could result in a short circuit. The employees then probably tried to extinguish the fire, and then probably could no longer reach the - narrow - escape route.
24 Jan 2018

Wind farm forced to take the long road

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.
19 Oct 2017

‘High Court will protect us from wind farm invasion’

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. 
4 Sep 2017

https://www.windaction.org/posts?location=Europe&p=2&topic=Legal&type=Article
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