Challenge against renewable energy test site off Connemara coast admitted to fast-track court list

By Ann O'Loughlin

A challenge against a decision of the Minister for Housing, Planning and Local Government to allow the installation of a renewable energy test facility off the Connemara coast has been admitted to the fast-track Commercial Court list.

The action arises out of a decision by the Minister to give permission to the Marine Institute for a foreshore lease to construct and operate an electricity generating station for a period of 35 years.

The Marine Institute is the government agency responsible for the implementation of marine research and technology.

The permission also includes proposals to facilitate the development of a 37.5-hectare site, located 1.5km offshore from Spiddal, where prototype wind, wave and tidal energy devices are to be tested.

A challenge against the Minister's decision has been brought by Maire Ni Mhuirnin a teacher from Páirc, An Spidéal, Co Galway.

Last March she obtained permission from the High Court to bring judicial review proceedings aimed at quashing the decision to grant the Marine Institute permission to set up the test facility, which was made in August 2017.

In her action, she also seeks declarations from the court including that the decision was contrary to the EU Directives on environmental impact, and the conservation of natural habitats of wild fauna and flora.

The Minister opposes her application.

The Sustainable Energy Authority of Ireland, which is a notice party to the action applied to have the case admitted to the fast track commercial court list.

The Authority, which works with the Marine Institute in regards to the Galway test site, says the project will permit the assessment and development of commercial-scale wave energy production on the Irish coast.

Any delay in the determination of the action would have a serious impact on the operation and viability of the test site.

If the action is successful research and development activities undertaken at the site would cease.

It would also undermine its and the Marine Institute's abilities to carry out the functions assigned to them under the State's Offshore Renewable Energy Development Plan.

The Marine Institute is also a notice party to the action.

Today Mr Justice David Barniville said he was satisfied to admit the case to the commercial court list.

The case which is expected to take several days to hear will return before the court in November.