Clare TD – salvage some good from costly windfarm debacle

THE operation of the soon to be decommissioned Derrybrien Wind Farm could be be transferred to a local authority to salvage something from what has become a costly debacle.

Deputy Michael McNamara suggested a county council could make a new planning application with the explicit undertaking that any and all profits made from the controversial windfarm go back into protecting the environment of Slieve Aughty.

That was one of the suggestions made by the Clare Deputy to salvage some positive dividend for the taxpayer amid claims the total overall loss to the state could be as high as €70 million.

Following a lump sum fine of €5 million and a daily fine of €15,000 plus legal costs imposed by the European Court of Justice ruling in November 2019, the Derrybrien Wind Farm may exceed an estimated €18 million depending on when the EU decides Ireland has fully complied with its ruling.

The penalties were levied after it found Ireland had failed to comply with a previous court ruling in relation to the wind farm in South Galway where a landslide occurred during construction in 2003.

David Murray from the South Galway Flood Relief Committee estimates when fines, early decommissioning accounting for a €10 million loss annually over the life time of the wind farm, consultants’ fees and resolution of turbary right are factored in, the final bill and loss of earnings could be in the region of €70 million.

The ESB, through its wholly-owned subsidiary Gort Windfarms Ltd, has confirmed it will decommission 70 wind turbines in the Derrybrien Wind Farm.

This follows on from the recent decision of An Bord Pleanála not to grant substitute consent following an application by Gort Windfarms Limited in response to a notice served by Galway County Council.

The capacity of the wind farm was 59.5MW. Windfarms have a typical lifespan for 20 years but that can be extended by another few years.

In its substitute consent application, the ESB indicated a time frame of 2040 for decommissioning, which means the company will incur significant loss of earnings through early decommissioning.

Speaking in the Dáil, Deputy McNamara said he didn’t think this wind farm should have been built and doesn’t believe it would secure planning permission now, before stressing this is not the issue.

“The issue is that it is there, the damage has been incurred and we have taken all of the downsides of it. That includes the local community, the communities around Slieve Aughty and the environment. The issue now is if we can obtain a benefit from it.”

“It is not right or proper that the ESB would benefit from this, or Coillte, which is the landowner for at least part of the wind farm.

“Perhaps this should be transferred to a local authority to make a new application with the explicit undertaking that any and all profits that are made from this development go back into protecting the environment of Slieve Aughty.

“This would include both remediating the damage and furthermore, protecting the environment of that mountain range, which is badly damaged by that wind farm.

“That two wrongs do not make a right is, in effect, what I am suggesting.”

Minister of State Hildegarde Naughton said the Derrybrien Wind Farm is now an unauthorised development and noted any attempt to keep it operational would be unlawful.

“There is no legal basis for Derrybrien’s continued operation. It is very important in the context of compliance with EU law that immediate steps are taken to ensure the plant is decommissioned as quickly as possible,” said Minister Naughton.

“Discontinuation of the unauthorised wind farm should be a key factor in seeking to end Ireland’s liability to pay significant daily fines to the European Commission.

“Government officials are engaging with the Commission in this regard. It is the Government’s view that the An Bord Pleanála decision and the acceptance of the ESB of this decision and its stated intention to decommission Derrybrien brings the State into compliance with the original judgment.

“There are no substantive arguments to be made from a domestic security of supply perspective. Any attempts to retain the wind farm in operation would face planning and legal obstacles.”

Considering Derrybrien provides on a good day 1% of the state’s energy needs at a time of an energy crisis, Deputy McNamara suggested a better application should be made to mitigate the very negative effects of what happened and to bring it into compliance with European Union law.

“Nobody is suggesting that those who flouted environmental norms be rewarded, but rather that the State would not be penalised. There is a real risk and a worry in the community that in seeking to decommission, we are going to cause further damage along the lines of the damage that was already caused.

“Coillte is proposing to do exactly the same thing on top of Slieve Bernagh – this is a blanket bog on top of a mountain and it wants to put up turbines.

“It is going to endanger Slieve Bernagh and decommission a wind farm that can be seen across Scariff Bay and that has created environmental havoc in the past.”