In this update, we look at a range of topical issues relevant to
the Irish renewable sector.
Wind Turbine Planning
A recent ruling by An Bord Pleanála (the 'Board')
has cast doubt on the ability of developers to substitute larger
turbines to those described in applications that have been granted
planning permission.
Planning permission had been granted by the Board to erect four
Gamesa G58 turbines. Subsequently, the local planning authority
agreed in writing that two of those G58 turbines could be
substituted for G80 turbines but at a lower hub height on the basis
that these changes were immaterial. Having received express written
agreement to the alteration/ deviation from the planning authority,
the developer secured funding and installed two G80 turbines and
one G58 turbine. Several years later, the Board was requested to
consider whether the installed G80 turbines were within the scope
of the original planning permission. In making its ruling, the
Board
