Coolglass awarded 50% of legal costs in landmark Supreme Court challenge

High Court Reporter

A wind farm developer has been awarded 50 per cent of its legal costs incurred in a landmark Supreme Court challenge related to climate law obligations of planning authorities and public bodies.

Last month, the seven-judge court upheld a High Court order that overturned An Coimisiún Pleanála’s (ACP) 2024 refusal of planning permission for Coolglass Wind Farm Ltd’s project, but for reasons different and narrower than those cited by the lower court.

The ruling made it clear that climate obligations were “real, effective, and if necessary enforceable” and created a “legal standard which must be complied with by a relevant body”.

Such obligations were binding on bodies with no planning function and bodies “not normally concerned with issues of climate change”.

Coolglass wants to build the 13-turbine farm at Timahoe, Co Laois, in a location 2km from the Kilkenny border and 11km southeast of Portlaoise.

In light of the ruling, the matter will be returned for consideration by ACP, formerly An Bord Pleanála.

In a judgment on the case’s legal costs published on Monday, the Supreme Court said it could not be said that Coolglass was “entirely successful” in its appeal, as several grounds of its case were rejected.

The court noted that while Coolglass succeeded in the “most important” aspect of the case, ACP prevailed in the majority of the grounds of appeal advanced by the developer.

In those circumstances, the court said it was appropriate to award Coolgass 50 per cent of its costs incurred in the appeal and previous High Court challenge against ACP.

The court made no order for costs against the Attorney General, who was also a party to the case.