Courts / Waterford / Report

Supreme Court agrees to hear claim that wind farm operating outside of planning permission

Date
2022-03-09

Stage
Appeal

Primary locality
Waterford

Summary

The Supreme Court has agreed to hear a claim that parts of an 11‑turbine wind farm at Ballyduff, operated by Barranafaddock Sustainable Electricity Limited, were built without proper authorisation, making them an unauthorised development. Local residents argue that the wind farm should be shut down because the turbines exceed the dimensions approved in the 2011 planning permission. The operator had originally applied for turbines with a 90‑metre rotor blade diameter, but in 2013 consultants submitted a change to increase the diameter to 103 metres, while the tip heights remained as in the 2011 permission. The council's response was a letter stating "noted and agreed" without explicit approval of the diameter increase. The turbines were built and became operational in 2015. Residents brought High Court proceedings, and Mr Justice Garrett Simons ordered a restraint on the turbines that were not authorised. The operator appealed to the Court of Appeal, which ruled in its favour.