The High Court yesterday refused an application by a local residents' group to prevent the felling of trees on a mountain at Derrybrien, Galway, the site of a windfarm development where nearly half a million tonnes of peat and debris was displaced in a landslide in October 2003.
In a reserved judgment, Ms Justice Elizabeth Dunne said that, having read the environmental impact statements attached to the various permissions in the case, it was quite clear that the proposed development envisaged the removal of the forestry thereon and the change of use on the lands from forestry to use as a wind farm.
She held that the residents had not established that the deforestation of the lands was an unauthorised development.
She said that she had no doubt that, but for the catastrophic events of October 16th, 2003, the proceedings would not have commenced.
While the concerns of the applicant were understandable, it was to be expected that the steps taken by Gort Windfarm Ltd would ensure there would not be a recurrence.
In the hearing, the chairman of Derrybrien Co-operative Society Limited, Mr Martin Collins, said the landslide had caused major damage to the surrounding area.
His organisation had taken the proceedings challenging deforestation in the area.
The action was against Gort Windfarm Ltd, a wholly owned subsidiary of Hibernian Wind Power, which in turn is a wholly owned subidiary of the ESB.
The action was also against Saorgas Energy Ltd and Coillte Teoranta.
Gort Windfarm Ltd had rejected the claim that the tree-felling was illegal and said it had secured planning permission in 1998.
The permission provided for tree-felling, and an environmental impact statement on the project made it very clear the trees would be cut down and not replanted.