Farmer’s last-minute bid to overturn solar farm decision
Section 127(1)(e) of the Planning and Development Act 2000, requires third-party appellants who made a submission to include an acknowledgement.
A local farmer is facing a race against the clock to challenge plans for a major solar farm near Ballyconnell after his initial appeal was declared invalid on a technicality.
Thomas McManus has until today (Wednesday, August 19) to lodge a compliant appeal against Cavan County Council’s decision to grant permission for the large-scale solar development beside the Mannok Cement Works.
The proposed project, which would operate for 40 years, is planned across the townlands of Mucklagh, Gortoorlan and Snugborough. It would feature extensive arrays of ground-mounted solar photovoltaic panels, underground cabling, three transformer stations, gravel access tracks, widened field entrances, CCTV poles and cameras, perimeter fencing, landscaping and biodiversity measures.
The development attracted almost 30 submissions during the council’s planning process, including a strong objection from Mr McManus. In his submission, he stated that he “strongly” opposed the proposal and claimed: “I am claiming ownership on some of the lands that is mapped out for this project.”
He also voiced concerns over the potential impact on livestock, saying he was “worried about my animals that will graze these lands and drink the water on the land also”.
Mr McManus additionally highlighted a battery storage facility located a “short distance” from his home in Ballyconnell, raising the possibility that it could “work in conjunction with the solar farm”.
However, when Mr McManus subsequently appealed the council’s decision to An Coimisiún Pleanála, the appeal was rejected as invalid on procedural grounds. The board’s case record, dated August 5, states that the appeal was invalid because there was “no acknowledgement of local submission S.127(1)e”.
The provision in question, Section 127(1)(e) of the Planning and Development Act 2000, requires a third-party appellant who made a submission or observation during the original local planning process to include an acknowledgement of that submission with their appeal.
With the statutory period of 28 days after Cavan County Council issued its planning decision on July 22 coming to an end, Mr McManus has until today (August 19) to submit a compliant appeal.