An Bord Pleanala’s approval for a planned Co Cork windfarm development has been overturned by the Supreme Court after finding the board erred in failing to consider submissions from a local couple concerning developing knowledge about noise impact from turbines.
The five-judge court will decide later what form of order should be made arising from its judgment, including whether to return the matter to the Board for reconsideration.
Klaus Balz and Hanna Heubach, who operate a family horticulture business from their home premises at Bear na Gaoithe, Inchigeelagh, Co Cork, had appealed over the Board’s permission for a windfarm of up to 11 turbines at Cleanrath, Inchigeelagh, by Cleanrath Windfarm Ltd.
The proposed development is 637 metres from their home and they claimed the Board’s decision failed to properly take into account increased noise generation by the turbines.
The case was brought against the Board with Cork County Council and the developer as notice parties.
The couple, represented by David Holland SC, instructed by solicitor Joe Noonan, had argued the windfarm would result in a quadrupling of perceived loudness in the area.
Cork County Council had in 2016 granted permission on conditions for an 11 turbine development in 2016 but that was quashed in earlier High Court proceedings.
The Council later granted permission for six turbines, Cleanrath appealed and there was a cross-appeal by the couple and other objectors.
An Bord Pleanala (ABP) later approved a development of up to 11 turbines.