High Court refuses stay on Coole wind farm grid-connection application

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court granted leave in principle for a challenge to Westmeath County Council’s acceptance of a grid-connection planning application for Coole Windfarm Limited and refused a stay on 17 July 2020. Mr Justice Richard Humphreys delivered his reasons on 22 October 2020.

The separate grid-connection application was lodged on 25 May 2020. The council accepted it as valid on 3 June, and a statement of grounds challenging that decision was filed on 25 June.

The grant of leave was subject to submission of a draft amended statement of grounds. The refusal of a stay preserved the applicants’ right, if their review succeeded, to argue that decisions based on an invalid application must be treated as invalid. They could also amend the proceedings to challenge any such decision if issued, with liberty to seek to add further grounds if they arose.

The grid application arose during separate challenges brought by North Westmeath Turbine Action Group and North Westmeath Turbine Action Group CLG, and by Mr. Peter Sweetman, to the original wind farm permission. That application, for 13 turbines, a compound and ancillary works, had been refused by the council and granted on appeal by An Bord Pleanála. Quinn J. heard the two challenges together in February and March 2020, with judgment reserved at the time of the July hearing.

In his October judgment, Humphreys said subsequent developments concerning withdrawal of the planning permission had overtaken the proceedings.