The proposed €88 million Coumnagappul Wind Farm in Co Waterford has encountered a further setback after the High Court refused an application to extend the time available to seek permission for a judicial review of the planning decision. According to the Irish Examiner, the application related to the company’s request for additional time after missing the statutory deadline by eight days.
Coumnagappul Wind Farm Ltd had sought to challenge a decision by An Bord Pleanála, now known as the Planning Commission, which refused planning permission for the development. The proposed project comprised 10 wind turbines across 211 hectares of farmland and upland heath in the western foothills of the Comeragh Mountains.
Planning permission was refused on the basis of the proposed location within an “exclusion zone” for renewable energy developments and the visual impact of the planned 185-metre-high turbines on the surrounding scenic landscape.
The company applied to the High Court for an extension of time after missing the eight-week statutory deadline for seeking leave to bring a judicial review. It stated that the delay arose after the date of the Planning Commission’s decision was mistakenly read, and that it acted promptly once the error was identified.
Mr Justice David Nolan refused the application, finding that there was no satisfactory explanation amounting to a good and sufficient reason for extending the time limit. While noting that the delay itself was not extensive, he said granting an extension would significantly weaken the certainty and finality intended by the legislation governing planning decisions.
In its application, the company submitted that the proposed development was a significant renewable energy project supporting the renewable energy objectives of the Waterford City and County Development Plan 2022–2028. It also stated that the wind farm had been designed to minimise potential environmental and community impacts, would create 138 direct jobs, and provide €4.9 million for a local community fund.
