A decision on the substitute consent application for the Derrybrien Wind Farm in County Galway was signed by An Bord Pleanála on Friday 4 February 2022.
In their decision, the Board refused to grant substitute consent for ESB’s wind farm, which ends the statutory process seeking to retrospectively regularise the environmental impact assessment status of the wind farm. The Board's decision has been notified to all parties to the case, as well as being made available on the Board's website.
In accordance with Section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
However, I can advise that planning legislation specifies that a development that has been refused substitute consent is deemed to be an ‘unauthorised development’ that shall be subject to planning enforcement by the relevant planning authority, which among other things shall require the cessation of activity on site.
ESB has confirmed through their line department, the Department of the Environment, Climate and Communications (DECC), that the operation of ESB's wind farm at Derrybrien has been paused from 15 February 2022 following the decision by the Board to refuse to grant substitute consent, and that ESB is continuing to review the details of the decision.
My Department's officials are working closely with officials in DECC and with the Office of the Attorney General, and will engage with counterparts in the European Commission as soon as possible to clarify the status of Ireland's compliance with the judgement in this case as a result of the Board's decision to refuse substitute consent.