The Limerick Chamber of Commerce has welcomed the decision by the High Court to uphold the planning permission granted by An Coimisiún Pleanála for a 600-megawatt power plant in Ballylongford.
The Chamber has described it as a landmark outcome following a lengthy planning and regulatory process – but has urged expediency on approving plans and bringing forward the long-awaited Liquefied Natural Gas (LNG) terminal infrastructure.
Last week, the High Court upheld the decision of An Coimisiún Pleanála to grant permission to Shannon LNG Limited in a challenge taken by Friends of the Irish Environment. In a briefing note on the case, legal firm Arthur Cox said: “Although Justice Humphreys was sympathetic to the applicant’s climate-based concerns, he emphasised that the applicant did not participate adequately in the planning process and did not engage sufficiently with the developer’s GHG emissions analysis. The primary reason for the dismissal was that the applicant did not raise the grounds relied on in the legal challenge at the planning stage.”
The Judge also found that the decision by An Coimisiún Pleanála was not inconsistent with section 15(1) of the Climate Act – and that the Supreme Court had previously found that section 15(1) obligations ‘involve a degree of flexibility, and therefore the Commission is entitled to make decisions within a spectrum of possible outcomes. Here, the applicant did not succeed in demonstrating the Commission acted outside this spectrum’.
Commenting today, the Limerick Chamber noted that the decision provides much needed clarity on a project that has been subject to multiple objections and policy scrutiny over several years. The upholding of granting of permission marks a significant step forward for strategic energy infrastructure and storage on the Shannon Estuary.
In its previous policy submissions and advocacy work, it said, “Limerick Chamber has consistently emphasised the importance of progressing critical infrastructure through the planning system in a timely and transparent manner”.
“The Chamber highlighted that this decision reflects Ireland aligning with European Energy policy on Liquefied Natural Gas (LNG) and will help to bolster Ireland’s Energy Security,” it added.
Welcoming the decision, Chamber CEO, Donnacha Hurley said: “We welcome the high court’s decision to uphold planning permission for the power station at the Ballylongford site, this follows what should have been a seamless process but turned into complex and protracted planning process that was bolstered by misalignment of Irish and EU policy. If Ireland is to get serious about tackling our energy insecurity, then we need to ensure a much more efficient planning process for operators. This outcome, combined with state investment for the countries first strategic gas reserve at Cahercon, brings much-needed clarity and certainty to a project of national and regional importance.”
The Chamber has consistently highlighted the need for timely decision-making on strategic infrastructure, and this decision demonstrates the functioning of the planning system in assessing major projects against evolving policy and environmental considerations. For next stages of the process, there must be an urgent timeline,” he added.
Seán Golden, Chief Economist and Director of Policy at Limerick Chamber, further added: “The Chamber has continually highlighted Ireland’s exposure to international energy shocks. Latest figures suggest that Ireland imports almost 80% of its natural gas supply from a single source in Moffat Scotland. It is estimated that our imports of gas will increase to 90% by 2030.”
“Relying on a single source for supply, as well as the lack of diversity puts Ireland at a serious disadvantage when it comes to international energy shocks, diversity of supply is one way to mitigate against this issue and Liquefied Natural Gas and the opening up new markets will help.”
“Given the international landscape today it is easy to see how lack of energy diversity can quickly become a national security issue. The EU-wide taxonomy classification highlights Liquefied Natural Gas as a transitional fuel that will allow countries to move away from more emissions heavy fossil fuels as we transition to renewable energy at a greater scale – this high court decision marks a significant step in Ireland aligning with EU Policy,” he said.
But climate action groups say that opposition to Liquefied Natural Gas is primarily driven by environmental, economic, and safety concerns, and that LNG involves a process that causes significant methane leaks, making it highly damaging to the climate.