Challenge granted to group objecting to Wind Farm near Barnesmore Gap

The Irish Raptor Study Group has been granted permission to bring judicial review proceedings challenging a decision of An Bord Pleanála to grant planning permission for a 19-turbine wind farm located at Meenbog in South Eastern Donegal.

The proposed development site is located in an area which is specially designated by the National Parks and Wildlife Service as regionally important for the protection of Hen Harrier, they say.

The Hen Harrier is Ireland’s rarest declining resident breeding bird species and is strictly protected under the Birds Directive. These birds were once widespread in Ireland but their numbers have been declining largely due to habitat loss. There has been a 50% decline in numbers over the last 40 years.

They claimed that while the developer in its application did not identify the presence of breeding Hen Harrier on the wind farm site IRSG volunteers had identified two pairs of breeding Hen Harrier in the same area.

Meenbog wind farm is in an area of South Donegal that supports up to 7% of the national breeding population of Hen Harrier in the Republic and the IRSG expressed serious concerns to An Bord Pleanála about the impact the proposed development would have on the species.

According to IRSG  Chairperson Ryan Wilson-Parr, “IRSG offered to show An Bord Pleanála exactly where these breeding sites were so that the impact on this threatened species could be fully assessed before a decision on whether to grant permission was made. However rather than resolving this crucial conflict of evidence, the Bord, proceeded to grant permission without regard to whether there would be an impact on the Hen Harrier breeding pairs that IRSG identified on the site.

“In our view this is a serious breach of Ireland’s obligations under the Environmental Impact Assessment Directive and the Birds Directive, measures intended to provide a high degree of environmental protection including specific protections for the habitats of endangered bird species such as the Hen Harrier.”

He added that the IRSG is confident that An Bord Pleanála failed to meet its obligations under EU law regarding protection of Hen Harrier and that its decision will be set aside by the High Court”

The case will return to the Court on 19 September at which point the court will set a timetable for the proceedings

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