Norwegian Firm Sues Over Cork Rejection

Statkraft, the Norwegian state-run energy corporation, controls a company that has taken legal action against An Bord Pleanála in the High Court. The dispute stems from An Bord Pleanála’s rejection of a planning application for a wind farm in Cork, submitted by Annagh Windfarm Limited. The refusal was based on fears that the proposed six-turbine farm would detrimentally affect the local population of whooper swans.

The Cork County Council originally rejected the proposal in December 2022, arguing that there was not enough scientific proof to rule out the possibility of negative effects on the whooper swan, a species of high conservation interest in the Kilcolman Bog SPA. Annagh Windfarm Limited challenged this decision, appealing to An Bord Pleanála.

An Bord Pleanála’s inspector noted that while potential impacts on various bird and mammal species could be lessened or overturned, this was not the case with the effects on the whooper swan. Even though mitigation measures were proposed, the inspector remained unconvinced. She concluded that there was not enough certainty to suggest that the proposed development would not adversely affect the whooper swan, particularly in terms of collision risk during operational phase.

As it goes against the conservation aims of the site, the proposal was turned down. Now, Annagh Windfarm is pursuing a judicial review in the High Court, aiming to deem An Bord Pleanála’s decision invalid. The company argues that the board based its decision on evidence that was not made available to them, and failed to ask for their input in violation of the Planning and Development Act 2000 provisions, among other things.

The Statkraft spokesperson expressed their dissatisfaction to The Irish Times over An Bord Pleanála’s refusal to grant planning permission for the Annagh Wind Farm, a project with the capacity to deliver clean energy to over 20,000 domestic and commercial establishments.

Throughout the process, the spokesperson said that the project team formed positive relations with pertinent stakeholders, which included the National Parks & Wildlife Service (NPWS). The team promptly addressed any concerns that were raised and conducted comprehensive environmental and avian surveys in the vicinity.

She stressed that the rejection of the planning proposal in a region favourable for wind farm erection not only impacts their proposed project but also underscores a broader problem in relation to achieving the country’s climate and energy goals for 2030.

Earlier in the year, it was disclosed that Statkraft was geared towards the generation of approximately three gigawatts (GW) of renewable energy projects in Ireland by 2030. This is equivalent to over half of the current maximum demand in the nation.

Statkraft, the largest renewable energy conglomerate in Europe, broke into the Irish market in 2018 via the acquisition of the Irish and UK wind development business of the US-based Element Power Group.

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