Norwegian energy company sues following Cork wind farm rejection

A company controlled by Statkraft, the Norwegian government-owned energy group, has initiated High Court proceedings against An Bord Pleanála over its refusal to grant planning permission for a wind farm in Cork.
Annagh Windfarm Limited was denied permission for the six-turbine farm over concerns it would have a damaging impact on the population of whooper swans in the area.
The proposal was initially refused in December 2022 by Cork County Council, which said it could not “determine beyond reasonable scientific doubt that [the project] will not have an adverse effect on whooper swan, a species of conservation interest of the Kilcolman Bog SPA”.
Annagh Windfarm Limited appealed that decision to An Bord Pleanála whose inspector concluded that while the impact on a number of species, both bird and mammal, could be mitigated or reversed, this was not true of the impact on the whooper swan.
In her report the inspector said that with regard to “very high sensitivity” species such as the golden plover, hen harrier, kingfisher and little egret, “the proposed mitigation measures be standard and appropriate to ensure that it is unlikely for there to be significant negative impacts on the identified species”.
However, in relation to the whooper swan, she concluded that even considering proposed mitigation measures it could not “be determined with confidence that the proposed development alone during its operational phase would not result in a significant adverse collision impact on whooper swan”. As a consequence, she wrote, “the proposal would be inconsistent with the site’s conservation objectives” and should be refused.
Annagh Windfarm has now taken a judicial review in the High Court, seeking to have An Bord Pleanála’s decision ruled invalid “as the board relied upon materials … that were not available to the applicant” and that it “failed to seek submissions or observations from the applicant contrary to the requirement” of provisions of the Planning and Development Act 2000, among other grounds.
When contacted by The Irish Times, a spokesperson for Statkraft said the company was “disappointed by the decision by An Bord Pleanála to refuse planning permission for Annagh Wind Farm, a project that has the potential to power more than 20,000 homes and businesses with clean energy”.
She said that “throughout the process, the project team has engaged positively with all relevant stakeholders, including the National Parks & Wildlife Service (NPWS), to address any issues raised, as well as carrying out extensive environmental and bird surveys in the area.”
The decision to refuse planning, she added, “in an area that was favourable to wind farm development, not only has implications for our proposed project but highlights a wider issue when it comes to reaching the country’s 2030 climate and energy targets”.
Earlier this year it was reported that Statkraft was on track to develop about three gigawatts (GW) of renewable energy projects in Ireland by 2030, which is equivalent to more than half of current peak demand in the State.
Statkraft, Europe’s largest renewable energy group, entered the Irish market in 2018 through the purchase of the Irish and UK wind development business of the US-headquartered Element Power Group.