Court rejects challenge against planning permission for Co Wicklow windfarm

The High Court has dismissed a challenge brought against a decision to grant planning permission for a windfarm in the Wicklow Mountains.

The judicial review action was taken by Fred Roache, and his mother Frances, whose family have farmed their lands at Killaduff, Aughrim in Co Wicklow for several generations over concerns about the impact the proposed development would have on the family's drinking water supply.

Mrs Roache died shortly before the case, brought against the planning authority and the State, was heard by the court.

In a judgement Ms Justice Siobhan Phelan dismissed all grounds of the challenge after finding that none of the concerns raised in the challenge had been made out that would invalidate An Bord Pleanala’s decision to grant permission for the proposed 'Ballymanus Windfarm' near Aughrim.

The applicants had claimed that the impact that the proposed development, comprised of 11 turbines, would have on the drinking water supply to their farmhouse and lands, which comes from a mountain spring, had not been properly assessed by the board.

The challenge was against the board's decision of April 2019 to grant permission to develop the electricity generating windfarm, near the Roache's property.

It was also alleged that the board failed to properly assess the visual impact the proposed development would have on the local area.

The applicants sought to have the planning permission given by the board, which

Wicklow Co Council had previously refused to grant, set aside.

The developer, ABO Wind Limited, was a notice party to the action.

Both the respondents and the notice party opposed the application to set aside the decision. The proceedings arose from the notice party’ second application for planning permission for a wind energy project in the south western foothills of the Wicklow Mountains, to the west and south west of Aughrim.

The proposed development is located in forest area, owned by Coillte Teoranta, along an elongated ridge between the Derry Water and the Ow rivers

The site area includes land in the townland of Ballymanus and also part of the Roddenagh

Woodlands where the Killaduff Spring, which supplies water to the applicants’ dwelling house and lands, originates.

The court heard that the proposed development require certain works to be carried out, including land clearance, tree felling and vegetation removal.

In her judgement Ms Justice Phelan held that the board, which carried out an Enviromental

Impact Assessment in relation to the proposed development, had properly assessed any potential impact the project may have on the applicants drinking water supply.

The judge added that on the facts in this case were that the finding made and supported by the materials before the Board was that there would be no adverse impact on the applicants’ water supply arising from the proposed project.

The question of balancing interests where an interference is assessed as occurring and in what circumstances it would be lawful to permit development in relation to an assessed interference with water rights must therefore await a case in which it properly arises for determination the judge added.

The matter will return before the courts at a later date for final orders.

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