Wexford solar farm decision challenged

A High Court challenge has been launched against the refusal by Bord Pleanála to give the go-ahead for a solar power-generating facility on a 90-hectare site near Killinick.

The action has been brought by Highfield Solar Limited against An Bord Pleanála over its decision to refuse the company’s appeal against a decision by Wexford County Council to refuse permission to construct a photovoltaic energy development at the site.

Known as Grahormick Solar Farm, the proposed site contains a single-storey 38kv electrical substation building, electrical building, solar photovoltaic panels ground mounted on steel supports, 6km of new roads, and 13km of electric cabling.

The site is now used for grazing.

Wexford County Council is a notice party to the proceedings.

Dublin-based Highfield Solar Limited claims the planning appeals board abdicated its responsibility by refusing permission on the basis it would be premature to develop the solar farm before any national or regional strategy on such developments had been adopted.

There is no provision in the planning laws that allows the board refuse or defer consideration of a planning application for a solar farm development, as no national strategy is in place, the company claims.

In addition to seeking an order setting aside An Bord Pleanála’s refusal, the company seeks declarations including that the board failed to give adequate reasons for its decision.

It further seeks a declaration that the board acted ultra vires [beyond its powers] in refusing permission from the proposed development on the basis it would be premature pending the adoption of national, regional or local guidance strategy on solar power.

Permission to bring the action, was granted on an ex-parte basis last week by Mr Justice Seamus Noonan. It will come back before the court in May.