North Kerry group fails to get court permission to appeal wind farm ruling

A local group has been refused leave to appeal the dismissal of its challenge to the go ahead for a Lixnaw wind farm.

The North Kerry Wind Turbine Awareness Group (NKWTAG) had sought to overturn An Bord Pleanala’s decision to grant permission to Stacks Mountain Windfarm Ltd for 10 wind turbines.

The company had appealed Kerry County Council’s refusal of the plans for the €46 million development in Ballyhorgan.

The North Kerry Wind Turbine Awareness Group alleged the proposed development at Ballyhorgan South and East, Irramore, Lissahane, Muckenagh didn’t comply with requirements of the Environmental Impact Assessment Directive and the Habitats Directive.

In his Commercial Court judgment last March, Mr Justice Brian McGovern upheld An Bord Pleanala’s decision as clear, properly reasoned, and in accordance with law, and rejected the group’s arguments the Board failed to carry out or record any proper appropriate assessment or any proper Environmental Impact Assessment (EIA).

He also dismissed claims the permission involved material contravention of the County Development Plan.

The group then applied to the judge for the necessary certificate entitling it to appeal.

Refusing that, Mr Justice McGovern said the applicants had failed to raise a point of law of exceptional public importance, and also failed to show an appeal was necessary in the interests of justice.