TWO windfarm related planning decisions granted by An Bord Pleanála in July for the Terelton area were quashed in the High Court this week.
Arran Windfarm Ltd and Barna Wind Energy (BWE) had An Bord Pleanála approvals for an electricity substation and for a six-wind turbine windfarm respectively at Barnadivane, Terelton.
However, on July 29th, 12 residents in the townlands of Moneygaff East, Barnadivane, Gurraneigh, Farranmareen and Moneygave near Coppeen were granted leave by the Court to mount a judicial review of the two decisions.
‘The court only grants this leave if it is satisfied that there are substantial legal grounds for challenging the legality of a decision and in this case the Board failed to circulate material to the residents that it ought to have given them,’ said a spokesperson for Barna Wind Action Group.
‘The Board acknowledged that the residents should have been given an opportunity to comment on the material before any decision was made.’
Mr Justice Seamus Noonan quashed both decisions and the court directed An Bord Pleanála to reconsider the two applications and it ordered them to pay the costs of the case to date.
Further grounds of challenge, on which the court had given permission to seek a review, were not pursued, but the residents retain the right to raise those grounds again with the court, if necessary, in the future.