May 19, 2024

Donegal County Council has secured a Excessive Courtroom order prohibiting additional growth on the Controversial Meenbog Wind Farm web site that was the topic of a big bathroom slide in 2020.

Mr Justice David Holland’s order restrains Planree Restricted and Mid-Cork Electrical from ending their “largely full” 19-turbine undertaking on primarily blanket bathroom between Barnesmore Hole and Ballybofey, till additional court docket order.

The event entities can apply to differ or discharge the order, which got here in enforcement proceedings issued by the native authority, The Irish Occasions stories.

The choose stated the builders got here to just accept a number of deviations from their 2018/2019 planning permission represent unauthorised growth. He stated they’ve agreed to use to An Bord Pleanála for substitute consent to regularise the standing of the deviations, however argue this might take some years given processing backlogs.

The choose stated the events agreed the wind farm works prompted, or a minimum of contributed to, the prevalence of the bathroom slide however that these works conformed with permission. Each side additionally agreed there is no such thing as a proof that the slide was attributable to the builders’ negligence or the planning deviations, he stated.

In in search of to forestall the injunction, the builders submitted that between 90 and 95 per cent of the groundworks are full, with turbine and rotor set up the first excellent works. They contended they need to be allowed to construct out the remaining authorised parts of the wind farm and to function it pending the board’s determination on their substitute consent software.

The businesses argued the court docket can solely injunct unauthorised elements of the event and can’t injunct the completion and operation of the undertaking.

The council requested the court docket to restrain all additional works till, a minimum of, the end result of the substitute consent course of.

Mr Justice Holland most well-liked the council’s evaluation and held that the unauthorised growth at problem consists, due to 25 materials deviations, of all the wind farm and never every or the entire deviations. He additionally discovered he has jurisdiction to restrain additional works pending, a minimum of, regularisation of the planning standing.

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Council secures order prohibiting additional works at Meenbog Wind Farm was final modified: April twelfth, 2024 by Workers Author