The High Court has overturned planning permission for a 14-turbine wind farm between two villages in Cork and Kerry because of its potential impact on the hen harrier, a bird of prey.
The Sliabh Luachra Against Ballydesmond Windfarm Committee had challenged a November 2018 decision by An Bord Pleanála granting permission to Silverbirch Renewables for the wind farm on elevated ground between Gneeveguilla in Kerry and Ballydesmond in Cork.
Silverbirch and Kerry Co Council, which had earlier refused planning permission for the wind farm, were notice parties in the case.
Among various claims, the applicants argued there was failure to carry out an appropriate assessment or environmental impact assessment in accordance with national and European law.
Concerns were raised over the impact of the development on the hen harrier and freshwater pearl mussel due to effects on water quality of the River Blackwater which is near the site.
The board and Silverbirch opposed the challenge.
In a judgment on Friday, Mr Justice McDonald found the claims in relation to the freshwater mussel had not been made out.
He found the group succeeded in relation to the hen harrier on the basis it was unclear from a board inspector’s report how a conclusion could have been reached that all of the potential impacts on the bird had been satisfactorily resolved during the assessment stage.
On that basis, he quashed the Board’s decision and will hear submissions later from the parties as to whether the matter should be sent back to the board for reconsideration.