By Ruth Mercer
The High Court has left planning permission for a 13-turbine windfarm near Coole, County Westmeath, in place despite finding that the environmental impact assessment process failed to comply with EU public-notice requirements.
In an earlier judgment delivered in June 2025, Mr Justice Quinn found that notices for the project described the windfarm and associated works but omitted the proposed grid connection, a 26km route through 21 townlands. Because Irish law requires the windfarm and grid connection to be assessed as one integrated project, the court held that the environmental assessment was legally defective.
The judge had initially said the planning permission should be quashed. However, before a final order was made, Coole Windfarm Limited and An Bord Pleanála asked the court to reconsider the remedy and limit it to a declaration.
In the judgment delivered on 10 November, Mr Justice Quinn accepted that he had jurisdiction to revisit the form of relief before the final order was perfected.
He rejected the argument that the original defect was merely technical. The failure to notify the public that the assessment covered the grid connection was substantial and meant the original assessment did not comply with the EIA Directive.
However, the developer confirmed that no construction would start unless planning permission was separately granted for the grid connection. That future application will require a fresh environmental assessment of the entire project and full public notice, allowing affected landowners and others to make submissions on both the grid connection and the windfarm itself.
The judge concluded that this later process would remedy the prejudice caused by the original defective notice. Quashing the existing permission would therefore be disproportionate.
The court will issue declaratory relief confirming the breach, but the 2019 planning permission itself will remain in place. The ruling does not decide whether permission for the grid connection will ultimately be granted.