The story so far:
- Clare County Council refused planning permission in 2011
- An Bord Pleanála granted it in 2014
- the High Court refused it in 2016
- the Supreme Court refused it in 2018
See for more detail below...
- Clare County Council refused planning permission in 2011
- An Bord Pleanála granted it in 2014
- the High Court refused it in 2016
- the Supreme Court refused it in 2018
See for more detail below...
About us in Coore, Shanavogh East and Shanavogh West
We are a group of families from Coore, Shanavogh East and Shanavogh West and neighbouring townlands near Miltown Malbay in county Clare, Ireland. This is where we live.
We are resisting an industrial-scale wind energy development in our midst: the Coore West / Shanavogh East wind farm proposed by developers McMahon Finn Wind Acquisitions Limited (yellow markers). The nearby Slievecallan wind farm (red markers) has recently (2017) started construction.
WHY ARE WE OBJECTING TO THE COORE/SHANAVOGH WIND FARM?
REASON 1 - CUMULATIVE IMPACT
We feel that the cumulative impact of both wind farms would be just too much industrial development in an agricultural and residential community.
THIS WAS THE VIEW OF SLIEVECALLAN AND THE TOWNLANDS OF SHANAVOGH EAST, SHANAVOGH WEST, COORE AND DOONSALLAGH BEFORE CONSTRUCTION OF THE SLIEVECALLAN WIND FARM
THIS WAS THE VIEW OF SLIEVECALLAN AND THE TOWNLANDS OF SHANAVOGH EAST, SHANAVOGH WEST, COORE AND DOONSALLAGH BEFORE CONSTRUCTION OF THE SLIEVECALLAN WIND FARM
IF THE COORE WEST / SHANAVOGH EAST WIND FARM WAS TO BE DEVELOPED, THE SAME VIEW WOULD INCLUDE 33 INDUSTRIAL-SCALE WIND TURBINES.
REASON 2 - Too close to homes
All our concerns are based on the distance between homes and turbines. The 126m-tall turbines will be far too close to our homes. Twenty-two houses will be located within 600m and eight houses within less than 500m of at least one turbine from the Coore/Shanavogh wind farm.
The photomontages submitted by the developers during the An Bord Pleanála appeal stage show the visual impact these turbines will have. Note the size of the houses in comparison to the turbines.
The example of Mount Lucas, county Offaly
The visual impact becomes clear from images taken at the Mount Lucas wind farm near Daingean in county Offaly. The nearest house is ca 1.2km distant.
The visual impact becomes clear from images taken at the Mount Lucas wind farm near Daingean in county Offaly. The nearest house is ca 1.2km distant.
nearby slievecallan wind farm - PREDICTED IMPACT at 7km
This was the predicted visual impact of the Slievecallan wind farm at a distance of about 7km.
NEARBY SLIEVECALLAN WIND FARM - REAL IMPACT AT 15KM
Now that the Slievecallan wind farm is under construction (autumn 2017), this is the real visual impact at a distance of about 15km.
REASON 3 - Wind turbine noiseWe are concerned about the impact from wind turbine noise on community health, especially that of our youngest, oldest and most vulnerable members. There is much evidence that noise from nearby wind energy developments - both audible and low-frequency noise - can be harmful to human health, despite denials by the wind energy industry. For a selection of research on wind turbine noise, see our reference section.
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REASON 4 - Shadow flicker
Shadow flicker occurs when the sun shines through the turning blades of a wind turbine. This disconcerting effect may cause health problems in people with certain forms of epilepsy or migraine. Developers suggest residents should close window blinds during sunny weather or plant hedges for blocking out shadows from the 126m-tall turbines.
This video was recorded at about 7.30pm in late August in a kitchen at Cnoc na gCapaill, between Ardara and Dunkineely in county Donegal, Ireland. The turbine causing this shadow flicker is part of Corkermore windfarm. It is located approximately 850m from the house.
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it is For these reasons that we have been resisting the development of the coore/shanaway wind farm through the following planning and legal processes.
The planning process - Clare County Council and An Bord Pleanála
We engaged with the planning process for over seven years.
- In May 2011 McMahon Finn Wind Acquisitions Ltd applied for planning permission to Clare County Council, our local authority.
- In July 2011 Clare County Council refused planning permission.
- In August 2011 the developers appealed that decision to An Bord Pleanála, the Irish national planning authority.
- In November 2011 An Bord Pleanála's inspector recommended that the Bord should refuse permission.
- On 6 June 2014 An Bord Pleanála granted planning permission.
This decision was in direct opposition to expert advice, Clare County Council's planning department and An Bord Pleanála's own inspector's recommendations. This issue has been noted in relation to other recent decisions.
The legal process - HIGH COURT AND SUPREME COURT
However, we were firm in our resolve that our concerns for our families and community were valid. In another attempt to get justice, we decided to seek judicial review of the An Bord Pleanála decision in July 2014.
Our legal journey - High Court
- On 31 July 2014 the High Court granted leave to seek judicial review on ten grounds.
- The High Court hearing before judge Mr Max Barrett took place over five days in January 2016. We attended on all days, taking turns to
take days off work and travel to Dublin.
- On 14 June 2016 High Court judge Mr Max Barrett delivered his judgment to grant the order of certiorari sought, thereby quashing
An Bord Pleanála's permission for development of the 4 turbines.
We had won!
Judge critical of An Bord Pleanála as wind farm permission overturned (Irish Times)
However, our joy did not last long. An Bord Pleanála applied for leave to appeal the High Court decision.
- On 31 July 2014 the High Court granted leave to seek judicial review on ten grounds.
- The High Court hearing before judge Mr Max Barrett took place over five days in January 2016. We attended on all days, taking turns to
take days off work and travel to Dublin.
- On 14 June 2016 High Court judge Mr Max Barrett delivered his judgment to grant the order of certiorari sought, thereby quashing
An Bord Pleanála's permission for development of the 4 turbines.
We had won!
Judge critical of An Bord Pleanála as wind farm permission overturned (Irish Times)
However, our joy did not last long. An Bord Pleanála applied for leave to appeal the High Court decision.
Our legal journey - Appeal of High Court decision
- On 26 July 2016 Mr Justice Max Barrett heard An Bord Pleanála's application for an appeal [application for certificate under section 50A(7)] of his judgment of 14 June 2016.
An Bord Pleanála claimed that 'the judgment involves points of law of exceptional public importance and that it is desirable in the public interest that an appeal be taken'. In their application they noted that 'the Court’s judgment stands as precedent to the effect that the Board must engage in the type of discursive decision making that has up to this point not been held to be legally required'.
It is this precedent that makes judge Barrett's decision so important to everyone challenging any decision by An Bord Pleanála in the future.
- We attended the hearing on 26 July 2016 along with our legal team.
- On 8 November 2016 Mr Justice Max Barrett refused An Bord Pleanála's application for an appeal of his decision.
We had won again!
However, our joy did not last long this time either. An Bord Pleanála applied for leave to have their case heard by the Supreme Court.
- On 26 July 2016 Mr Justice Max Barrett heard An Bord Pleanála's application for an appeal [application for certificate under section 50A(7)] of his judgment of 14 June 2016.
An Bord Pleanála claimed that 'the judgment involves points of law of exceptional public importance and that it is desirable in the public interest that an appeal be taken'. In their application they noted that 'the Court’s judgment stands as precedent to the effect that the Board must engage in the type of discursive decision making that has up to this point not been held to be legally required'.
It is this precedent that makes judge Barrett's decision so important to everyone challenging any decision by An Bord Pleanála in the future.
- We attended the hearing on 26 July 2016 along with our legal team.
- On 8 November 2016 Mr Justice Max Barrett refused An Bord Pleanála's application for an appeal of his decision.
We had won again!
However, our joy did not last long this time either. An Bord Pleanála applied for leave to have their case heard by the Supreme Court.
Our legal journey - Supreme Court
Connelly v. An Bord Pleanala [2016] IECH 322
- On 14 June 2017 the Supreme Court granted an order allowing an appeal under Article 34.5.4 of the Constitution from the judgment of the High Court delivered on 8 November 2016.
- An Bord Pleanála appealed the High Court judgment quashing the
Board’s permission for a wind farm development of four turbines at
Coore West and Shanavogh, Co. Clare. It was concerned with issues
regarding the obligations of An Bord Pleanála to give reasons for its
decisions.
The appeal was heard by five Supreme Court Justices, the Chief Justice Mr
Frank Clarke, Mr Justice Donal O’Donnell, Ms Justice Elizabeth Dunne, Ms
Justice Iseult O’Malley and Ms Justice Mary Finlay Geoghegan in Limerick
on 5 March 2018.
- On 17 July 2018 the Chief Justice of the Supreme Court delivered the
Judgment: the Supreme Court quashed An Bord Pleanála's grant of
planning permission. He stated that the central question had been
whether the Bord had given adequate reasons in its decision to grant
permission and that the Judgment was based on An Bord Pleanála's
failure to make the sort of of findings which should form part of a valid
Appropriate Assessment (AA).
We have won again!
And we're delighted! Many thanks to all our supporters and our
amazing legal team. Two more issues now needed to be clarified:
1 - What exactly was going to happen in relation to the planning
application?
2 - Who is going to pay what?
Our legal journey - Supreme Court 2
Connelly -v- An Bord Pleanala & ors - [2018] IESC 36
These issues were decided by the same Supreme Court Justices in a sitting in the Four Courts in Dublin on 30 July 2018.
Their Order is that:
1 - The matter (planning application) is to be remitted back to the
Board to determine it (again).
2 - We were awarded 75% of costs.
What does this mean for us?
1 - For now no planning permission exists for the wind farm in our midst. We're relieved at this outcome.
However, we're not quite sure what happens when the planning application is remitted back to the Board (we're informed this may take a while). We may or may not be able to be involved in the process by way of submissions. We would welcome such an involvement.
Nevertheless, if this isn't possible, we will have the opportunity to take another judicial review of the Board's new decision if that should be necessary.
2 - For now, we'll be able to catch up financially while continuing to prepare for the next challenge.
We would like to thank our many supporters and well-wishers throughout these protracted planning- and legal processes. Our legal team O'Connell & Clarke have been have been brilliant, dedicated and hardworking, thank you!
1 - For now no planning permission exists for the wind farm in our midst. We're relieved at this outcome.
However, we're not quite sure what happens when the planning application is remitted back to the Board (we're informed this may take a while). We may or may not be able to be involved in the process by way of submissions. We would welcome such an involvement.
Nevertheless, if this isn't possible, we will have the opportunity to take another judicial review of the Board's new decision if that should be necessary.
2 - For now, we'll be able to catch up financially while continuing to prepare for the next challenge.
We would like to thank our many supporters and well-wishers throughout these protracted planning- and legal processes. Our legal team O'Connell & Clarke have been have been brilliant, dedicated and hardworking, thank you!
We need your help
We are a small, rural community and our resources are much reduced following the prolonged planning and legal processes.
The planning- and legal processes have been ongoing for over seven years now at the cost of many thousands of euro. We have been fundraising regularly to keep up with the payments for our environmental consultants and our legal team. We still owe rather a lot, and right now we don't know what additional cost we'll have to incur to continue to keep the wind farm at bay.
The final cost will depend on the length and complexity of the case.
The planning- and legal processes have been ongoing for over seven years now at the cost of many thousands of euro. We have been fundraising regularly to keep up with the payments for our environmental consultants and our legal team. We still owe rather a lot, and right now we don't know what additional cost we'll have to incur to continue to keep the wind farm at bay.
The final cost will depend on the length and complexity of the case.
We would greatly appreciate any donations, however small.
- Contributions may be made directly to our campaign account at the Miltown Malbay branch of Bank of Ireland. The account name is: Coore Shanaway Too Close Campaign.
- Or buy a set of 4 folded notecards for only EUR 10.- Support Us
- Or make a contribution right here:
- Or buy a set of 4 folded notecards for only EUR 10.- Support Us
- Or make a contribution right here:
€10
€25
€50
€100 or more