Judge compares wind farm objectors to ‘dogged Japanese soldier’ still fighting second World War
A High Court judge dismissed a legal challenge against a wind farm project in Co Kilkenny, comparing the objectors to soldiers fighting a war long after it ended. Despite acknowledging minor errors in the planning process, the judge ruled that these errors were harmless and did not warrant quashing the permission.
Why it matters
The ruling clarifies the threshold for judicial review in planning disputes and underscores the legal difficulty of stopping large-scale renewable energy infrastructure.
A High Court judge has compared court objectors against a €175 million wind farm in Co Kilkenny to “the dogged Japanese soldier still fighting World War II in the Philippine jungle, decades after everyone else has admitted defeat”.
Judge Richard Humphreys made his comment when dismissing the High Court bid by Save the South Leinster Way and writer Tara Heavey to quash An Coimisiún Pleanala’s decision to grant planning permission for the 21-turbine wind farm at Castlebanny four years ago.
The planning commission granted leave in September 2022 despite opposition from local residents, which included 10-time All-Ireland-winning hurler Henry Shefflin.
The recently appointed Kilkenny senior hurling manager was one of 70 parties to make submissions when the case was before the planning commission in 2021-22.
The applicants’ challenge has been before the courts for almost four years after the launch of a High Court judicial review application in November 2022.
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