The Daily Star Ireland
An Bord Pleanála plans to appeal the High Court’s decision to overturn its refusal to grant permission for the proposed liquefied natural gas (LNG) terminal at Shannon in County Kerry. Under Irish law, a decision from a judicial review can only be appealed to the Court of Appeal if the High Court permits it.
In September, Mr Justice Richard Humphreys annulled the board’s decision and suggested that it reconsider the planning application for a power plant, energy storage system, and regasification unit located on the Shannon estuary near Ballylongford. The board had previously rejected the project in October 2023, citing the Government’s ongoing review of energy supply security through 2030. The board concluded that the proposal contradicted Government policy and was thus incompatible with proper planning for the area.
The Government’s 2020 program specifically opposed the development of LNG terminals that would import fracked gas. However, the judge’s ruling referenced subsequent developments, including the 2022 Versailles declaration by EU leaders, including the Taoiseach, which agreed on a collective approach to purchasing gas, LNG, and hydrogen. The judge noted that while Government policy did not explicitly ban LNG facilities, the board is allowed to depart from such policy in certain circumstances.
The ruling pointed out that the board made several errors, including failing to consider the 2023 national risk assessment, which highlighted concerns over the lack of energy supply diversity and storage, a factor crucial to ensuring energy security.
On Monday, the High Court heard that An Bord Pleanála plans to seek a certificate to appeal the judgment. Mr Justice Humphreys questioned whether the application should be delayed for a period, considering the various factors influencing the case. He noted the Government’s need to balance key policy issues and acknowledged why the developer, Shannon LNG, would want to proceed with its project.
The judge suggested that a decision on the potential appeal might take up to a year, but emphasized the importance of reaching clarity on this matter sooner. The lawyers representing all parties agreed to adjourn for a week to consult with their clients about the next steps.
In his September decision, the judge had expressed the hope that the energy security review and gas supply policy would be concluded soon. He criticized the State for using the delays caused by Russia’s invasion of Ukraine as an excuse, arguing that the situation should have accelerated, not delayed, the review.
Minister for Energy Eamon Ryan recently suggested that investing in solar energy, electricity interconnection, and battery storage might be more beneficial than continuing with LNG investments. A full analysis of this issue is expected in the coming months, as noted by the judge.
