High Court overturns An Bord Pleanála's refusal on Shannon LNG terminal
The planned new 600MW power plant and LNG import terminal planned for North Kerry on the Shannon estuary.
A decision by An Bord Pleanála to refuse permission for a liquified natural gas (LNG) terminal in North Kerry has been overturned by the High Court.
Last September, the planning appeals body rejected an application by Shannon LNG, a subsidiary of US multinational New Fortress Energy, seeking to build a power plant, battery energy storage system, floating storage, and other associated works.
Some 14ha would be taken up with a gas-powered power plant capable of 600MW of electricity generation, a 120MWh battery energy storage system, an LNG terminal capable of offering up to 180,000m³ of LNG storage capacity, and re-gasification capacity of up to 22.6m standard cubic metres per day of natural gas, it was proposed.
The floating storage and re-gasification unit would be moored at the proposed terminal/jetty on a long-term basis and the liquified natural gas would be transported to the terminal on carrier ships.
Shannon LNG proposed that liquified natural gas would be shipped to Ireland and “re-gasified” on the site, before being put in the national gas grid.
The decision was based on a 2021 Government policy on the importation of fracked gas. The board decided it would be inappropriate to permit or proceed with the development of any LNG terminals in Ireland pending the review of energy supply.
In November, the High Court agreed to the Shannon LNG's challenge to the refusal. They claimed the board’s decision was invalid as it “slavishly adhered” to a single policy statement of the Government.
The board applied the fracked gas policy “as if it were an overriding consideration and/or prohibition and thereby abdicated its decision-making function”, it is alleged.
In a ruling published Monday, Justice Richard Humphreys upheld two key issues — including one where An Bord Pleanála failed to consider a policy that was adopted after the inspector’s report and immediately prior to the board’s decision which was capable of being assessed as giving additional policy support to the project.
The case is listed before the court in two weeks time to confirm if it will be sent back to An Bord Pleanála for reconsideration.
