By Gordon Deegan
A challenge mounted by locals against a large-scale €175 million wind farm, and opposed by Kilkenny hurling great, Henry Shefflin, has been dismissed by a High Court judge.
Justice Richard Humphreys dismissed the challenge by the Save the South Leinster Way Group and local resident, Tara Heavey, after he found out that they were one day late in seeking a High Court judicial review into the planning permission granted by An Bord Pleanála.
Permission had been granted last September for a 21-turbine wind farm at Castlebanny on a 1,434ha site which is mainly owned by Coillte, to the east of 10-times All-Ireland winner, Shefflin’s native Ballyhale in south-east Kilkenny.
The Castlebanny Wind Farm is a co-development project between FuturEnergy Ireland – a Coillte and ESB joint venture company – and Irish renewable development company, ART Generation.
Justice Humphreys ruled the judicial review challenge was one day out of time – there is an eight-week period available to seek a High Court judicial review of An Bord Pleanála decisions.
“The message to applicants is – try to avoid depleting the energy of the court with this sort of application and instead put in place some kind of margin for error, rather than living for the thrill of a do-or-die scramble to get the last seat on the last helicopter off the embassy roof in Saigon”, Justice Humphreys stated.
In his ruling he stated: “Knocking out an applicant who is a day out seems harsh. But that’s inherent in having any boundary rules on anything.
“We have not yet reached the utterly chaotic and subjective situation where there can be no fixed rules, only the Chancellor’s foot.
“Any dividing line seems arbitrary for the person who is just on the wrong side of it. Time limits become meaningless and unworkable unless they are applied consistently – otherwise we end up with the paradox of the heap.”
Wind farm
An Bord Pleanála had granted planning permission for the the wind farm on September 26, 2022.
The Save The Leinster Way Group and Tara Heavey had made their judicial review application on November 21, 2022.
Justice Humphreys determined that the last day of the eight-week period in which to challenge the appeals board decision was Sunday, November 20.
A spokesperson for FuturEnergy Ireland Ireland has welcomed the High Court decision dismissing the judicial review challenge.
It has said that Castlebanny Wind Farm “is expected to generate enough clean, green electricity every year to power the equivalent of around 70,000 homes annually”.
Objections
Henry Shefflin’s objection was one of around 70 submissions lodged with An Bord Pleanála in relation to the wind farm, this also included objections from four-time All-Ireland winner with Kilkenny hurlers and Ballyhale man, Colin Fennelly.
In his original objection against the Castlebanny windfarm, Shefflin stated that “the residential amenity of my home would be irrevocably compromised by the construction and operation of this wind-farm”.
The three-time Hurler of the Year and 11-time All-Star also said: “It is proposed that these turbines are up to 185m in height. Surely, it is completely unjust and unreasonable for such gigantic moving structures to be placed in such close proximity to people’s homes.”
According to Shefflin he was “not opposed to wind energy, but I am opposed to wind farms being constructed in unsuitable areas with no concern to the health or wellbeing of local residents.”