The High Court has found that An Coimisiún Pleanála made a legal error when assessing potential effects of the 17-turbine Lyrenacarriga wind farm on the Blackwater Callows Special Protection Area.
The ruling follows a July 2026 judgment from the Court of Justice of the European Union clarifying when site-specific conservation objectives must be used during the initial screening of projects under EU habitats law.
Curns Energy Limited applied in January 2021 for permission for the strategic infrastructure wind farm. An environmental impact assessment report, appropriate assessment screening report and Natura impact statement accompanied the application. The commission granted permission on November 8, 2023.
At that time, site-specific conservation objectives had not been adopted for the Blackwater Callows SPA. Those objectives and conservation measures were put in place in March 2024.
The developer’s assessment had initially identified European sites within a 15km likely zone of impact. The Blackwater Callows SPA, 9.9km from the project, was then screened out based on matters including distance, lack of hydrological connectivity, habitat characteristics and bird-survey results.
Mr Justice Humphreys held that this sequence was legally significant. The CJEU had ruled that site-specific objectives are not necessarily required when initially defining the geographical area a project could affect. However, once a protected site falls within that area, they are required when assessing whether a significant effect on that particular site can be excluded.
The commission therefore erred by ruling out effects on the Blackwater Callows SPA without those objectives.
The practical consequence is limited. In an April 2025 judgment, the High Court had already refused to quash the planning permission, finding that any defect was harmless on the evidence. The Supreme Court later refused leave to appeal that outcome.
The latest judgment therefore grants declaratory relief only. It records the legal error but does not invalidate the wind farm permission.