North Westmeath group granted leave in grid connection challenge

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

The High Court granted the North Westmeath Turbine Action Group and North Westmeath Turbine Action Group CLG leave in principle to challenge Westmeath County Council’s acceptance as valid of a planning application for a wind farm grid connection. Mr Justice Richard Humphreys refused a stay on 17 July 2020.

The grant of leave was subject to submission of a draft amended statement of grounds. The refusal of a stay did not prejudice the applicants’ right, if they succeeded in the judicial review, 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, with liberty to seek to add further grounds if they arose.

Coole Windfarm Ltd had lodged the grid connection application 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 applicants had separately challenged An Bord Pleanála’s permission for the developer’s 13-turbine project. Similar proceedings were brought by Mr. Peter Sweetman. Both judicial reviews were heard together in February and March 2020, with judgment reserved at the time of the July hearing.

In his judgment delivered on 22 October 2020, Mr Justice Richard Humphreys said subsequent developments concerning withdrawal of the planning permission had overtaken the grid connection proceedings.