A Laois wind farm previously rejected by An Bord Pleanala could now be back on track

A 13 turbine Laois wind farm project is at the centre of a major legal battle after the High Court ruled that An Bord Pleanala should reconsider the previously rejected plans. 

Developer Statkraft Ireland, through Coolglass Wind Farm Limited, had bypassed Laois County Council’s planning department and applied directly to An Bord Pleanala as the project was deemed a Strategic Infrastructure Development (SID).   

The proposed Coolglass Wind Farm near Timahoe consists of 13 turbines with a tip height of 180 metres, roughly six times taller than the nearby Timahoe Round Tower. 

The proposed turbines would have been located in the townlands of Fossy Upper, Aghoney, Gorreelagh, Knocklead, Scotland, Brennanshill, Monamantry, Coolglass, Crissard and Kylenabehy. 

Some of the turbines were planned for areas in contravention of the Laois County Development Plan. A number of the planned turbines were sited in locations where the council had agreed no wind turbines should be erected.  

Laois County Council had set out its objections to the Coolglass Wind Farm application in a report to An Bord Pleanala which was signed by then Chief Executive, John Mulholland in October 2023. 

Although Laois County Council opposed the plans which were in contravention of the local development plan, An Bord Pleanala had the authority to grant permission if it believed the development would be of overriding benefit the country. 

The Coolglass Wind Farm proposal was however rejected by An Bord Pleanala last summer. The move was welcomed by then Minister of State, Sean Fleming TD at the time.  

Coolglass Wind Farm Ltd then challenged An Bord Pleanala’s decision in the High Court. 

In a judgement on January 10, 2025, the High Court noted that: “The council's chief executive's report stated that the proposed development would materially contravene the county development plan 2021-2027 (the CDP) and its wind energy strategy (WES), as 12 of the 13 proposed turbines were located in areas designated as “not open for consideration” for wind farm development.”

Among the grounds for the developer’s challenge it was argued that: “The Decision is invalid as the Board failed to treat the Proposed Development as being in the overriding public interest and serving public health and safety, and to give priority to that overriding public interest when balancing legal interests when making the Decision, as required by Article 3(2) of Regulation (EU) 2022/2577 of 22 December 2022 laying down a framework to accelerate the deployment of renewable energy.” 

In its summary of the case issued on January 10, 2025, the High Court stated that “the board adopted an unlawfully fixed approach to material contravention, and for good measure has failed and is continuing to fail to disclose the circumstances in which it did so.”

It also found that “the alleged breach of regulation 2022/2577 has not been shown to arise on the facts.” The regulation sets out emergency measures to accelerate planning permission for renewable energy projects. 

As a result, the High Court determined that An Bord Pleanala should revisit the plans in accordance with the court’s findings. 

It’s reported that An Board Pleanala is now considering a legal challenge to the High Court ruling.