GLENTIES WOMAN LOSES COURT CASE TO STOP WINDFARM

January 25, 2013
Coming to Glenties: Massive windfarms

Coming to Glenties: Massive windfarms

A GLENTIES WOMAN has failed to stop construction of a windfarm with 29 turbines going ahead – despite getting planning permission for part of it thrown out of court.

Margaret McCallig’s had that the planning permission was made on the basis of insufficient information, including the effect on wildlife and the potential for depopulation of what is a Gaeltacht area.

The High Court rejected her case.

Her lawyers had argued that An Bord Pleanala’s decision to grant permission to PJ Molloy for 29 wind turbines outside Glenties was incorrect because the site included lands belonging to her.

She said not enough of the impact of the turbines on wildlife including golden eagles had been taken into account.

Mr Justice Daniel Herbert granted her a declaration today that the Bord Pleanala decision, insofar as it affects her property, is void.

However, he declined to quash the entire decision and also said it was very difficult to see how the cultural heritage of the area could be affected by a windfarm or that the board did not have sufficient information in relation to this when making its decision.

The judge said there was an alleged lack of reference to Golden Eagles in the environmental impact assessment but that he was satisfied that the sole purpose of a condition in the permission – that a management plan for the habitats be prepared by the developer – was done to ensure appropriate management of habitats within the site.

That management plan has to have the approval of the National Parks and Wildlife Service which reintroduced the eagles to Glenveagh, he noted.

 


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