Windfarm developers insist ‘secret’ lease clause is standard

THE promoters of a proposed windfarm development in West Clare, believed to involve an investment of about €100 million for the local economy, have insisted there is “nothing sinister” in the provision of a confidentiality clause in its lease agreement with prospective landowners.
Clare Coastal Wind Power Limited has applied to An Bord Pleanála to have a planning application for the provision of 46 wind turbines with hub height of 85m and rotor diameter of 82m, control building, car park and associated works assessed as a strategic infrastructure development, bypassing Clare County Council’s planning department.
According to a copy of a lease agreement obtained by The Clare Champion between Clare Coastal Wind Power Limited, c/o Michael Clohessy, Tullabrack and a local landowner, the landlord must keep secret all information concerning the financial terms of the lease relating to the tenant’s site and product design methods of operation, construction and power production.
The clause also applies to all data relating to the development including wind data given by the tenant and a requirement not to supply copies of this lease or any other information or disclose its terms to any party.
A spokesman for the company, Kilrush-based chartered accountant Donal O’Sullivan insisted there is “nothing sinister” with this provision as it is a standard clause in all legal commercial documents between any company and a landowner.
Mr O’Sullivan also stressed the company has “no hidden agenda” concerning its application to An Bord Pleanála, as it is merely following the advice of Clare County Council, who had referred it to the appeals’ board in the first instance.
He recalled a comprehensive presentation was provided about the proposed development to members of Doonbeg Community Development Limited in the local hall earlier this month.
“When we went to Clare County Council with our plans, they referred us to An Bord Pleanála. If we have to go back to Clare County Council, we have no problem with that. Regardless of whether the development will be assessed by the board or the council, anyone who wishes to make a submission will be allowed to do so.
“There will be further public consultation with the wider community. The company can’t give out the finer details of the development now because it is still very much in its infancy. It could be 2011 before the development goes to planning. The company isn’t trying to hide anything and we are providing as much detail as possible,” he said.
If the ambitious project gets the green light, Mr O’Sullivan predicts it would generate 250 jobs during construction over a two-year period with between 10 to 12 permanent jobs involved in its operation and maintenance.
Acknowledging that some people may be opposed to the development, he noted that a “lot of people” are supporting the project and a substantial number of landowners had signed up to provide land if it goes ahead.
“The prospect of providing large-scale industry in West Clare is unlikely. The provision of renewable energy is the way forward. It is not harmful to the environment and will provide a long-term income to local landowners in a recession.”
At a recent meeting with Doonbeg Community Development Company, he recalled the company indicated it is willing to make financial contributions to local community groups, including Doonbeg GAA Club, if the project gets the green light.
Development company chairperson, Rita McInerney, confirmed the group had not indicated if it is supporting or opposing this development and its only concern is the well-being of the community and the local environment. She stated the group recommended the company should engage in wider public consultation with landowners and local homeowners at the earliest opportunity.
Planning permission was granted by An Bord Pleanála on November 19, 2001 to Pro Ventum for a windfarm comprising seven 1800kw wind turbines at Moanmore South, Kilrush and is currently in operation.
CP Energy Limited was granted a five-year planning permission for the development of six electricity generating wind turbines at Tullabrack and Moanmore South, Kilrush.
Local Kathy O’Gorman expressed concern about the scale and height of the proposed development in light of the two developments already approved in the locality. Ms O’Gorman claimed more information is needed to allow local householders make an informed decision about the merits of the windfarm and its overall impact in terms of noise and residential amenity.
“If this is a good development, then everyone in the local community should benefit from it. We live near the proposed development yet we don’t know much about it. I would like to see a public information meeting being called for the benefit of local residents,” she said.
Other residents contacted by The Clare Champion admitted they are still in the dark about the precise details of the development.