Environmental group permitted to challenge natural gas facility planning decision

By Ann O'Loughlin

An environmental group has secured permission to bring a High Court challenge against a decision of An Bord Pleanála to extend planning permission to develop a Liquid Natural Gas terminal on the Shannon Estuary.

Friends of the Irish Environment CLG have brought proceedings aimed at quashing the decision of the planning authority to extend permission for a period of five years to develop the terminal, which includes four large tanks, jetties to receive ships, and associated works at Kilcolgan, near Tarbert in north Co Kerry.

Permission for the facility, where gas will be shipped to be used by consumers in Ireland and Europe, was granted in 2008.

While the facility has not been constructed, the developer Shannon LNG Ltd applied for and was granted an extension on the planning permission on July 13 last.

The environmental group has brought proceedings against An Bord Pleanála claiming that it has failed to take account of the possibility the of significant effects the proposed development will have on local wildlife and flora.

It also claims that in deciding to extend permission An Bord Pleanála failed to take into account the Climate Action and Low Carbon Development Act 2015 which is intended to drive Ireland’s transition in line with its commitments under the Paris Agreement.

The environmental group represented in court by John Kenny Bl seeks an order quashing the decision and a declaration that there was a failure to exclude the possibility of significant effects the development would have on Bottlenosed Dolphins in Lower River Shannon SAC.

It also seeks declarations including that an Bord Pleanála erred in law by failing to take account of up to date and relevant information available to it in the course of its screening for appropriate assessment under the EU Habitats Directive.

The proposed developer Shannon LNG Ltd, which first sought permission to build the facility in 2007, and Kerry County Council are notice parties to the action.

Permission to bring the challenge was granted by Mr Justice David Barniville today.

The Judge, who has been specially designated to hear challenges against decisions concerning strategic infrastructure developments, said the case was one which was suitable for inclusion in the fast track list designed to speed up hearings concerning strategic infrastructure.

The case will be mentioned before the court later this month.