Courts / Waterford / Report

Wind farm can stay open after Supreme Court dismisses residents appeal

Date
2022-11-03

Stage
Appeal

Primary locality
Waterford

Summary

The Supreme Court has dismissed an appeal brought by local residents against a lower court's finding that certain parts of a Co Waterford-based wind farm did not amount to unauthorised development. The decision concerns an 11-turbine wind farm at Ballyduff operated by Barranafaddock Sustainable Electricity Limited, allowing the facility to continue operating. The residents, acting as applicants, claimed under Section 160 of the 2000 Planning and Development Act that the wind farm was unauthorised development, specifically alleging that the developer deviated from planning permission by increasing rotor blade diameter from 90 to 103 meters. While An Bord Pleanala ruled the change was not exempted development, the High Court initially restrained the turbines' use. That decision was overturned by the Court of Appeal, which found in the operator's favour. The Supreme Court, comprising five judges, upheld the Court of Appeal's findings. Mr Justice Woulfe stated that the increase in rotor blade diameter had been agreed in writing with the planning authority. The court also determined that the applicants were not entitled to challenge the board's act on EU law grounds and that the board's finding did not extend to a determination of unauthorised development. The Supreme Court had agreed to hear the appeal due to issues of general public importance regarding the 2000 Act and Environmental Impact Assessment requirements.