High Court quashes Cork wind farm planThursday 25 February 2016 23.19
The High Court has quashed planning permission for a Co Cork wind farm.
Mr Justice Bernard Barton overturned the granting of permission for the wind farm near Inchigeelagh, after finding that the process under which An Bord Pleanála had decided issues concerning compliance with two European Directives did not comply with Irish law.
The judge will publish his written judgment at a later date. He adjourned the case until 10 March.
Klaus Balz and Hanna Heubach from Inchigeelagh had brought a legal action challenging An Bord Pleanála's grant of permission to Cleanrath Windfarm Limited to construct 11 turbines up to a height of 126m as well as other structures.
The couple operate a shrubbery business around 650m from the nearest turbine on the proposed development.
Cork County Council had refused permission for the project in June 2011 because it considered a habitat of high ecological value would be destroyed and the development would have a major impact on an area of high local biodiversity value.
But An Bord Pleanála granted permission for the project in April 2013.
Mr Justice Barton ruled the process under which An Bord Pleanála had decided issues relating to compliance with the Habitats Directive and the Environmental impact Assessment Directive did not comply with Irish law.