Environmental group brings court challenge against Shannon LNG permission
High Court reporters
An environmental group has brought a High Court action seeking to quash An Bord Pleanála‘s (ABP) decision to grant planning permission for a major power plant in north Co Kerry.
The planning authority in March granted permission to Shannon LNG for the proposed development of a 600-megawatt power plant and energy storage facility on a 255-hectare (630-acre) site between Tarbert and Ballylongford on the Shannon estuary.
On Monday, Mr Justice Richard Humphreys gave permission to John Kenny BL, appearing for Friends of the Irish Environment (FIE) and instructed by FP Logue solicitors, to bring judicial review proceedings against An Bord Pleanala, Ireland, the Attorney General and the Minister for Housing. Shannon LNG is a notice party in the action.
Last September, following proceedings brought by Shannon LNG, Mr Justice Humphreys overturned the board's refusal of planning permission for a power plant, battery energy storage system and a regasification unit at the Shannon estuary site.
In its court documents, FIE claims ABP breached Irish and European law in granting permission for the proposed power plant and energy storage facility.
FIE claims An Bord Pleanala failed to adequately consider statutory carbon budgets and sectoral emissions ceilings set out in the Government’s Climate Action Plan 2024 in its decision, and its related obligations under the Climate Action and Low Carbon Development Act 2015.
FIE says that the board did not engage how the proposed development was consistent with carbon budgets and sectoral emissions ceilings, other than to justify the granted permission because of Government policy support for constructing gas fired power stations deemed necessary for achieving the target of a 50 per reduction in carbon emissions by 2030.
FIE says the calculated greenhouse gas emissions arising from the proposed development is “manifestly incorrect and significantly underestimated” in an environmental impact assessment report submitted to the board by the developer.
Based on these “underestimated” calculations, the proposed development will account for one third of all budgeted emissions – based on limits set out in 2024 Climate Action Plan – from the entire electricity sector in 2030, FIE claim.
FIE also says the board was wrong to find that the proposed development constitutes a sustainable development, and its decision to grant permission is invalid as it constitutes a material contravention of the Kerry County Development Plan 2022-2028 and Listowel Municipal District Local Area Plan 2020-2026.
FIE says An Bord Pleanala breached obligations under the European Union’s environmental impact assessment directive.
The environmental group claims the board could not and did not make a valid decision on the impact of proposed development under the EU’s Habitats Directive.
The case returns to court in two weeks.
