Donegal wind farm an 'unauthorised development', court finds in rejecting appeal

The Court of Appeal has upheld a High Court order halting development at a wind farm in Cashelnavego, County Donegal, finding the project to be unauthorised due to multiple planning deviations. Ms Justice Nuala Butler dismissed an appeal by Planree Limited and Mid Cork Electrical Limited against restraints imposed by Donegal County Council, ruling that the 19-turbine development cannot proceed in its current form. The court found that whilst the companies accepted the existence of twenty-five unauthorised works, the deviations render the entire development unauthorised and cannot be severed from the permitted elements. The judges rejected arguments that the developers should be permitted to complete remaining works pending a substitute consent application to An Bord Pleanála, finding insufficient evidence of insolvency risk or exceptional circumstances warranting relief. The High Court had imposed the development ban following a significant bog slide at the site four years ago, though both parties acknowledged the ground works conformed with permissions granted. The Court of Appeal ordered costs in favour of the council.