The firm behind Ireland's largest solar farm has gone to the High Court to fight its refusal
An Bord Pleanála has said ‘national guidance’ on solar farms was needed.
A HIGH COURT challenged has been brought against An Bord Pleanála’s refusal to give the go-ahead for a solar farm in the south-east.
The action has been brought by Highfield Solar against An Bord Pleanála over the planning authority’s decision last month to refuse the company permission to construct a photovoltaic energy development on a 90-hectare site near Killinick in County Wexford.
The proposed facility, known as Grahormick Solar Farm, contains a single-storey electrical substation building, electrical building, solar panels ground-mounted on steel supports and 6km of new roads.
If constructed, the project would form the largest solar farm in the state – generating 45MW, or enough energy to power up to 9,000 homes for a year. The site is currently used for grazing cattle.
Wexford County Council, which in August 2016 refused to grant permission for the development, is a notice party to the proceedings.
Highfield Solar, with a registered address in south Dublin, claims the board abdicated its responsibility by refusing permission on the basis it would be premature to develop the solar farm before any national or regional strategy on such developments had been adopted.
Guidance
In its decision, An Bord Pleanála said there was no “national guidance” as to how solar farm applications should be assessed.
However there is no provision in the planning laws that allows the board refuse or defer consideration of a planning application for a solar farm development because there is no national strategy in place, the company claims.
Irrelevant considerations were also taken into account, the company further claims.
The company also argues that the board’s decision is inconsistent as it has granted permission for other solar developments in other parts of the country including one in Co Longford and at another location in Co Wexford.
In addition to seeking an order setting aside An Bord Pleanála’s refusal, the company seeks declarations including that the board failed to give adequate reasons for its decision.
It further seeks a declaration that the board acted beyond its authority in refusing permission form the proposed development on the basis it would be premature pending the adoption of national, regional or local guidance strategy on solar power.
Permission to bring the action was granted on an ex-parte basis on Monday by Justice Seamus Noonan. The case is due back in court in May.
Additional reporting Peter Bodkin
