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Derrybrien residents lose legal bid

Derrybrien - Site of 2003 landslide
Derrybrien - Site of 2003 landslide

The Derrybrien Co-operative Society, which was formed by 60 local residents of the Co Galway area, has lost a High Court challenge to works relating to the development of a wind farm near the site of the devastating 2003 landslide.

The society sued Gort Windfarms Ltd which is a wholly owned subsidiary of Hibernian Wind power, which in turn is a wholly owned subsidiary of the ESB. The action was also against Saorgus Energy and Coillte Teoranta. 

The society wanted to stop the felling of trees on a mountain in Derrybrien where the construction of 71 wind turbines is proposed.

The society argued before the court that the wind farm needed planning permission for deforestation and an environmental impact statement.

Ms Justice Elizabeth Dunne found that a reading of the environmental impact statement attached to the various permissions granted showed clearly that the proposed development envisaged the removal of forestry and the change of use of the land from forestry to use as a wind farm.

She said the society had not made out the case that the deforestation of the lands at Derrybrien is an unauthorised development.