Go-ahead for biogas facility challenged in High Court

An Bord Pleanála’s decision to give the go-ahead for the construction of an electricity generating biogas facility in Co Meath is to be challenged in the High Court.

Niall Halpin, 27, of Johnstown, Navan, Co Meath, opposes the development which will convert farm slurry and other biodegradable waste into renewable energy and fertiliser.

Mr Halpin, who has health issues, has permission to build a private dwelling house close to the proposed plant. He claims the board’s decision is flawed and that correct factual matters had not been considered.

The High Court heard Mr Halpin and his family were concerned about the noise and disturbance that will come from the proposed development if it is constructed.

He seeks an order from the court quashing a decision made by the board on June 9, 2016, to grant permission to the developers Greenfield Ventures Limited to construct two anaerobic slurry digesters, storage tanks, an office building, silage pit and other associated works at Gillstown, Garlow Cross, Navan. He is also looking for a declaration that the board’s decision is irrational, unreasonable and has no legal effect and that the decision to grant permission fails to comply with planning regulations and EU directives in relation to the control of major accident hazards involving dangerous substances.

Greenfield Ventures and Meath County Council are notice parties to the action.

Niall Handy, counsel for Halpin, told the court that the development was located approximately 82 metres from Mr Halpin’s proposed family home. He said an Environmental Impact Assessment that had been carried out in respect of the proposed development, was “incomplete.” Counsel also said that noise conditions at the perimeter of the proposed development were unreasonable for a rural area and there had not been proper regard given to fire safety risks from the development.

Mr Handy said the board had ignored recommendations made by one of its own inspectors.

Permission to challenge the board’s decision was granted, on an ex-parte basis, by Mr Justice Richard Humphreys. A full trial will take place in October.