Dispute between wind farm company and farmer over access settled, but another to come
A dispute between a wind farm company and a farmer over an agreement about access to his land for cabling has been struck out at the Commercial Court following mediation talks.
However, a second wind farm operator which says it also has a similar access agreement with the farmer is now set to bring proceedings after it expressed disappointment that a deal had been done.
The case concerns access to 0.3 hectares at Bonniconlon, Co Mayo, owned by farmer John Henry.
Two wind farm companies, Black Lough and Aeolus, say they reached agreements with Mr Henry to allow them access in order to lay ducting and cables to connect their wind turbines to the national grid. Black Lough's five-turbine facility is at Tawnmore, Sligo, while Aeolus has 12 turbines at Oweninny, Mayo.
In February, Black Lough brought Commercial Court proceedings against Mr Henry saying he had failed to comply with an agreement to allow the company on to his land despite him already having been paid €16,000.
Last month, the court was told the second wind farm operator, Aeolus, also had such an agreement with Mr Henry and it wanted to be joined as a co-defendant is the case taken by Black Lough.
Mr Justice Robert Haughton adjourned that application for two weeks after he was told mediation talks were due to take place between Black Lough and Mr Henry and there was no objection to Aeolus attending those talks.
On Monday, Michael Cush SC, for Aeolus, said his client's "worst fears" over the adjournment of its application to be joined in the Black Lough case had been realised.