North Korea Increases Aid to Russia, Mos... Tue Nov 19, 2024 12:29 | Marko Marjanovi?
Trump Assembles a War Cabinet Sat Nov 16, 2024 10:29 | Marko Marjanovi?
Slavgrinder Ramps Up Into Overdrive Tue Nov 12, 2024 10:29 | Marko Marjanovi?
?Existential? Culling to Continue on Com... Mon Nov 11, 2024 10:28 | Marko Marjanovi?
US to Deploy Military Contractors to Ukr... Sun Nov 10, 2024 02:37 | Field Empty Anti-Empire >>
Promoting Human Rights in IrelandHuman Rights in Ireland >>
The UK?s Crisis Point is Fast Approaching Thu Jul 03, 2025 19:30 | Dr David McGrogan Starmer's failure to achieve even the tiniest gesture towards welfare reform in the fiscally incontinent UK is a symptom of a much deeper political malaise, says Dr David McGrogan. The crisis point is fast approaching.
The post The UK’s Crisis Point is Fast Approaching appeared first on The Daily Sceptic.
Britain is Running Out of Space for Offshore Wind, Warns GB Energy Boss Thu Jul 03, 2025 17:54 | Will Jones Britain is running out of space for?offshore wind farms, the boss of GB Energy has warned, jeopardising Ed Miliband's Net Zero renewables drive, with floating turbines cost four times as much.
The post Britain is Running Out of Space for Offshore Wind, Warns GB Energy Boss appeared first on The Daily Sceptic.
Does Mass Immigration Cause Homelessness? Thu Jul 03, 2025 15:30 | Noah Carl Since 2022, the number of homeless people in the US has spiked by almost 200,000. A new paper finds that the influx of asylum seekers under Biden accounts for about 60% of this increase.
The post Does Mass Immigration Cause Homelessness? appeared first on The Daily Sceptic.
Engineer Given Half Lucy Connolly?s Sentence for Near-Identical Tweet Thu Jul 03, 2025 13:51 | Will Jones A two-tier justice row has erupted after an engineer was jailed for half as long?as Lucy Connolly?over a near-identical tweet, while a Labour MP who punched a constituent to the ground was spared jail completely.
The post Engineer Given Half Lucy Connolly’s Sentence for Near-Identical Tweet appeared first on The Daily Sceptic.
Poland Stops 98% of Illegal Migrant Crossings with a 116-Mile, 16ft-High Border Wall ? and Now it?s ... Thu Jul 03, 2025 11:35 | Will Jones Poland cut illegal immigration from Belarus by 98% after building a 116-mile border wall ? and now Donald Tusk's Government is adding a minefield. Turns out robust clampdown on illegal entry is okay if it's from Russia.
The post Poland Stops 98% of Illegal Migrant Crossings with a 116-Mile, 16ft-High Border Wall ? and Now it’s Adding a Minefield appeared first on The Daily Sceptic. Lockdown Skeptics >>
Voltaire, international edition
Will intergovernmental institutions withstand the end of the "American Empire"?,... Sat Apr 05, 2025 07:15 | en
Voltaire, International Newsletter N?127 Sat Apr 05, 2025 06:38 | en
Disintegration of Western democracy begins in France Sat Apr 05, 2025 06:00 | en
Voltaire, International Newsletter N?126 Fri Mar 28, 2025 11:39 | en
The International Conference on Combating Anti-Semitism by Amichai Chikli and Na... Fri Mar 28, 2025 11:31 | en Voltaire Network >>
|
12-year legal battle quashes planning permission for Shannon LNG terminal
national |
environment |
press release
Tuesday November 10, 2020 20:19 by foie - Friends of the Irish Environment

Press Release - Friends of the Irish Environment 9th Nov 2020
Twelve years after losing their original case against the planning permission for a LNG terminal on the Shannon River, Friends of the Irish Environment [FIE] today received a High Court order quashing An Bord Pleanala’s grant of permission and awarding costs in their favour. The proposed terminal was due to process Liquid Natural Gas [LNG] from the USA for consumption in Ireland and to be distributed throughout the EU.
PRESS RELEASE
FRIENDS OF THE IRISH ENVIRONMENT
MONDAY 9 NOVEMBER, 2020
FOR IMMEDIATE RELEASE
12-year legal battle quashes planning permission for Shannon LNG terminal
New planning legislation now required for extensions of permissions for major projects
Twelve years after losing their original case against the planning permission for a LNG terminal on the Shannon River, Friends of the Irish Environment [FIE] today received a High Court order quashing An Bord Pleanala’s grant of permission and awarding costs in their favour. The proposed terminal was due to process Liquid Natural Gas [LNG] from the USA for consumption in Ireland and to be distributed throughout the EU.
While FIE’s 2008 High Court challenge was unsuccessful, that ten-year planning permission lapsed and the decision by An Bord Pleanala to renew the permission in 2018 was again challenged by FIE. The environmental charity argued that the extension of the period of a planning permission where development had not commenced triggered the requirement for assessment under the Habitats Directive and must allow for public consultation.
Decision ‘far reaching’
The decision has wide implications for major projects across Europe that require similar renewals and justifies the charity’s failed High Court case against the renewal of the planning permission for Dublin Airport’s third runway in 2017.
The State argued that any decision to extend the duration of a planning permission is part of a ‘single, uniform measure’ that was previously permitted in 2008, thus having legal certainty and so cannot now be the subject of a ‘collateral attack’.
A Preliminary Reference to the European Court of Justice [ECJ] was made by Irish High Court Justice Garret Simons on 1 February 2019 after a Judicial Review was brought by FIE. A Preliminary References is a decision of the European Court of Justice on the interpretation of European Union law given in response to a request from a Court of an EU Member State. It is the final arbiter in these matters.
In a 29 page submissions to the ECJ An Bord Pleanala had argued that ‘the duration of a planning permission—and the grant of an extension of the duration of a planning permission—is a matter for national law alone, within the discretion and procedural autonomy of Member State’ and that the developer had the right to rely on his or hers original planning permission.
Irish planning law will need revision
Ireland’s failure to implement the Court of Justice’s 2007 decision condemning our planning legislation was cited in the Reference, dated 9 September 2020, as leading to a situation whereby ‘the original consent was not preceded by an assessment containing complete, precise and definitive conclusions capable of removing all reasonable scientific doubt as to the effects of the proposed works on those sites’.
FIE’s Tony Lowes said that ‘The State has spent significant funding on defending a fracked gas terminal that would have locked Ireland into a dead-end investment in fossil fuels for another generation. That money that could usefully have been spent on ‘stimulating economic activity for those areas which were expecting economic development arising from new fossil fuel infrastructure’, as promised in the Program for Government.
The group has written to the Minister for the Environment, Eamon Ryan, offering to meet with him ‘to examine the lessons of the case and ways to avoid such long and protracted legal battles in the future.’
Mr Lowes pointed out that ‘There is now an urgent need for new legislation to bring Ireland’s planning code into compliance with this judgment so that extensions of duration are properly assessed and the public can make observations on extensions and if necessary challenge them if they believe they have not been done correctly. We hope Ireland has learned its lesson and this time around will act swiftly to implement the decision’.
‘There are probably few things more frustrating in life than knowing you are right and being unable to prove it – the situation we have been in for the last 12 years. We owe a great debt to our legal representatives– and to the European Court of Justice.’
Comment: Fred Logue , FP Logue Solicitors, 353 (0)87 1316023
Tony Lowes, Friends of the Irish Environment 353 (0)87 2176316
Friends of the Irish Environment were represented by F. Logue, Solicitor, J. Kenny, Barrister-at-Law, and J. Devlin, Senior Counsel.
The 2008 Judicial Review was taken by O’Connell Clarke, represented by Oisin Collins, Barrister- at Law. No: 2008 597 JR
Irish Courts: Friends of the Irish Environment v An Bord Pleanala and Shannon LNG High Court Record No: 2018/734 JR
ECJ: Court of Justice C 254/19, 9 September 2020
This Press Release
Copyright © 2020 Friends of the Irish Environment, All rights reserved.
Press Release
Our mailing address is:
Friends of the Irish Environment
Kilcatherine
Eyeries, Cork P75 CX53
Ireland
|