Ivan Gets A Mighty Windfall

Ivan Toole at Greystones Harbour

n what is expected to send waves through the renewable energy industry in Ireland, Greystones fisherman Ivan Toole has reached a settlement with German wind farm group RWE over its offshore project.

Toole had brought a judicial review last May on environmental grounds against the minister of state with responsibility for planning and local government after the granting of a foreshore licence to RWE.

That licence had granted RWE the right to do a survey off the coast of Wicklow before applying for planning permission for a €1.5billion offshore wind farm.

At the High Court in December, a number of questions were referred to the Court of Justice of the European Union, potentially delaying judgement by up to 12 months.

According to this weekend’s Sunday Times, Toole and RWE reached an agreement earlier this year, with the latter’s legal costs of about €500,000 being paid. RWE also paid a settlement to Toole as part of his withdrawing his judicial review proceedings.

The Mary Ellen

There’s clearly a lot at stake for the Greystones fisherman should wind farms hamper his business. According to Companies Office Ireland, for the year ended December 31st 2022, Toole’s Golden Venture Fishing Limited had a turnover of €878,597, with the profit and loss account carried forward standing at €1,210,448.

Which may explain the new 60-tonne registered fishing vessel The Mary Ellen the man has docked at his home berth in Dun Laoghaire. Bought outright in 2023, this not-so-little beauty reportedly cost around €1m. This will be added to Golden Venture Fishing’s three small vessels (including a 40ft catamaran), which, says Toole, currently employs about nine people.

So, the man has a lot to lose if wind farms do indeed interfere with his hauls of lobster, crab and whelk.

The settlement by RWE is very likely to interfere with the renewable energy industry in Ireland, being the first of its kind to be reported in the offshore sector.

That judicial reviews brought on environmental grounds have their costs protected under EU law, even if an applicant loses the case, has the offshore industry fearing that this leaves the door open to a string of judicial reviews.

As well as taking Wicklow County Council to court (which could result in a settlement close to €1m, and a cost of €3m to the tax payer), Toole has launched separate judicial review proceedings against the minister for housing in relation to the foreshore licence for Codling Wind Park, a 1,300 megawatt project off Wicklow being developed by EDF and Fred Olsen Seawind. The same project is the subject of a second judicial review against the housing minister by a group that includes Wicklow fisherman Charles Featherstone.

Said Toole, “The Kish and Codling banks are highly, highly sensitive areas. They should have never been built in this area.”

An RWE spokesman said the company is committed to “proactive engagement” with communities when it comes to offshore wind schemes, adding that such projects were vital for Ireland to reach net zero.

With four big offshore wind projects set to apply for planning permission, each is expecting to face judicial reviews.