Marquis of Waterford says solar farm will interfere with his sporting rights

High Court Reporter

The 9th Marquis of Waterford is objecting to a solar farm because he says it will interfere with sporting rights he has over the land on which it is being built.

Henry De La Poer Beresford claims in High Court proceedings that he has certain "profits à prendre" - right to take resources or sporting rights- over the land at Bishopstown, Carrick-on-Suir, Co Waterford.

The solar farm developer is BNRG Mothel Ltd, which wants to install photovoltaic panels mounted on steel frames over 141 hectares at an estimated cost of €100 million. The registered owner of the land is Gerald Murphy, who consented to BNRG's application for planning permission.

Mr De La Poer Beresford has brought proceedings against BNRG and Mr Murphy.

On Monday, Mr Justice Mark Sanfey adjourned to later this month an application to have the case admitted to the fast track Commercial Court to allow one of the parties to take instructions and file an affidavit.

The application to admit the case to the commercial list was brought by BNRG.

In an affidavit, David Maguire, director of BNRG, said Mr De La Poer Beresford is seeking various reliefs from the court, including a declaration in relation to his claimed rights and an injunction restraining the construction of the solar farm.

Mr Maguire said Mr De La Poer Beresford had objected to planning permission.

A number of others also objected, and after permission was granted, the objectors, including the Clonea Gun Club, brought High Court proceedings seeking to overturn the decision. The gun club said it held a lease over Mr De La Poer Beresford's sporting rights on the land.

The High Court dismissed those proceedings late last year.

Mr Maguire said that challenge had held up permission for phase two of the project but now that it has been dealt with, having Mr De La Poer Beresford's proceedings dealt with as quickly as possible assumed a greater commercial urgency.

When fully completed, the project has the potential to provide energy for 21,600 homes every year, BNRG says.