The Government has definitively ruled out the resumption of electricity generation at an ESB owned wind farm in Co Galway.
Operations at Derrybrien Wind Farm ceased earlier this year, after An Bord Pleanála refused an application for substitute consent at the site, on the Slieve Aughty mountains.
The ESB had applied for retrospective permission for the 70-turbine development, after the EU's Court of Justice found that Ireland had failed to ensure proper environmental checks were carried out, during the planning process, over 20 years ago.
The company subsequently announced that it would decommission the site.
In light of the energy crisis, there have been calls from a number of politicians for the wind farm to resume operations.
However, the Department of Environment, Climate and Communications said that it is the view of the Attorney General that "there is no legal basis for Derrybrien’s continued operation".
It says the full impacts of the closure have been considered, and that there are "no substantive arguments" that can be made from a domestic security of supply perspective.
When fully operational, Derrybrien had the potential to generate around 60 megawatts of power, equating to around 1% of the country’s current wind energy output.
The department says any attempts to retain the turbines would face planning and legal obstacles.
It argues that the focus should instead be on ensuring full compliance with European and Irish planning rulings, relating to the development.
The EU's Court of Justice imposed a one-off financial sanction of €5 million on Ireland in November 2019, and ordered that daily penalties of €15,000 be paid until such time as the breaches were rectified. Those fines continue to accrue.
The Department of Housing says the refusal of substitute consent means that the wind farm is deemed to be an "unauthorised development" and must now be subject to a planning enforcement notice.
In light of this, the Government is in talks with the European Commission, in an effort to close the infringement case against the State.
It is arguing that a retrospective Environmental Impact Assessment (EIA) for the Derrybrien development means the court’s judgments have been complied with. On this basis, it is seeking to stop the imposition of the €15,000 daily fine.
The department says it is still awaiting a response from Europe in this regard.
Over the last three years, the State has paid out a total of almost €16 million in fines, as a result of the failures identified at Derrybrien.
A further €5.1 million in penalties is owed, since the last payment was made in November 2021.
In a brief statement, the ESB said it was still "preparing for the decommissioning of the 70 wind turbines in accordance with planning laws and regulations".
Galway County Council says it has requested the ESB subsidiary company, Gort Windfarms Limited, to outline how it will comply with the An Bord Pleanála ruling and to provide a timeline for the decommissioning works.
The local authority is considering a reply from the company at present.
The council says "all processes available ... to ensure full compliance with the planning code and legislation remain under active consideration."
The Friends of Derrybrien Environment group, which opposed the development, says arguments to resume operations there amount to "irresponsible and divisive political shenanigans".
It points out that the damage caused to the area was found to be "clear, profound and unacceptable" by An Bord Pleanála, and that it could not be fully mitigated.
