Courts / Cork / Report

Couple bring challenge to proposed wind-farm development near their home

Date
2017-07-10

Stage
Hearing Or Decision

Primary locality
Inchigeelagh

County
Cork

Summary

Klaus Balz and Hanna Heubach, residents of Bear na Gaoithe, Inchigeelagh, Co Cork, have brought a High Court challenge against An Bord Pleanala's decision to grant planning permission for the Cleanrath Inchigeelagh wind farm. The applicants, represented by David Holland SC, allege that the planning authority failed to properly consider the increased noise generated by the proposed up to 11 turbines, arguing this renders the decision flawed. They seek an order quashing the permission, along with declarations that An Bord Pleanala failed to conduct a proper Environmental Impact Assessment, breached the rules of natural justice, and made an unreasonable decision. Counsel stated that the development would quadruple perceived loudness in the area. Cork County Council originally granted permission in 2016, subject to approximately 40 conditions, which was subsequently appealed by the developer, Cleanrath Windfarm Ltd. Cork County Council and Cleanrath are notice parties to the proceedings. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in October.