The solicitor representing farmers and turf cutters in the long-running row over ESB’s controversial wind farm in Derrybrien, south Galway, forecasts there could still be a “Mexican standoff” over the project’s future.

Dan Shields, legal adviser to the Derrybrien Bog Co-operative, said he had written to An Bord Pleanála seeking further clarification on its recent decision to refuse “substitute consent” for the project.

The board cited “significant effects on the environment” with “permanent residual effects that cannot be fully mitigated” in its reasoning for the decision, which overruled a recommendation in favour of substitute consent by its own inspector.

Fines

The European Commission is still levying fines amounting to €17m to date on the Irish State over its handling of the 70-turbine wind farm project, where a landslide during its construction in 2003 caused environmental devastation to farmland, forestry, fish life and watercourses.

An EU investigation had found the wind farm had been built without proper environmental assessment, which rendered its planning permission invalid.

ESB subsidiary Gort Windfarms Ltd applied for “substitute consent” over a year ago.

He believes the farm built on bogland in the Slieve Aughty mountains must be decommissioned

Farmer Martin Collins of the Friends of Derrybrien Environment is among the residents who have welcomed An Bord Pleanála’s ruling.

However, Mr Collins said that it was both “Kafkaesque” that a wind farm which his community had unsuccessfully sought a halt to at its inception could have been deemed unauthorised almost 20 years later.

An Bord Pleanála has said the next step is a matter for the planning authority

He believes the farm built on bogland in the Slieve Aughty mountains must be decommissioned.

The ESB, on behalf of Gort Windfarms Ltd, has said it is “disappointed with this decision” and “will be studying the details before deciding on the next steps to take”.

An Bord Pleanála has said the next step is a matter for the planning authority, and Galway County Council said that “any implications involved will now be given its ‘full consideration’”.

However, Mr Shields said that under section 177 (L) of the Planning and Development (Amendment) Act 2010, the board can issue a further specific direction if it refuses a “substitute consent” application.

Notice

The 2019 accounts for Gort Windfarms Ltd state that its directors “have been advised that a refusal by An Bord Pleanála will lead to a notice being served on Gort Windfarms Ltd ordering the cessation of all activities, or to carry out remedial measures.”

“There seems to be no scope for remedial measures in this An Bord Pleanála decision,” Mr Shields said. However, he said he was not optimistic that the ESB subsidiary would “finally see sense that this project was badly planned” adding that “we could have a Mexican standoff yet.”