A development society in Derrybrien, Co Galway, scene of a massive landslide in 2003, has asked the High Court to overturn decisions of Galway County Council extending the duration of planning permissions for the erection of a wind farm on a mountain.
Derrybrien Development Society has brought the proceedings over a number of planning decisions made by the council in March 2005 relating to two wind farms of 23 wind turbines being developed by Gort Windfarms Limited.
The society claims the council applied the wrong criteria when assessing applications by GWL for extensions of the duration of planning permissions and that consequently, it had acted outside its powers in granting the extensions.
Galway County Council denies the claims.
Opening the case yesterday before Mr Justice Declan Budd, John Gibbons SC, for the society, said the planning reports indicated that the recommendation to grant the extensions was based on the fact that substantial works were carried out on the project.
However, he argued, extensions could be granted only if the development had not been completed due to circumstances beyond the control of the developer.
The society alleges the council had breached the requirements and procedures of the Planning and Development Act 2000.
In 2003, the 345-hectare site was transferred to GWL from Saorgas Energy, which had got permission from An Bord Pleanála in 2001 to build the wind farms. As part of their construction, 115,000 trees were cut down.
The society claims that due to the manner in which the construction work was carried out, on October 16th, 2003, a massive bog slide occurred on the south side of the mountain, containing 450,000 cubic meters of peat. The slide initially moved 2.5km but, following heavy rain on October 28th, it had moved for 32km and killed 50 per cent of the fish in Lough Cultra, the source of Gort's water supply.
The case continues.