An Bord Pleanála has withdrawn its application seeking permission to appeal a High Court judgment quashing its refusal of planning permission for the proposed Shannon liquefied natural gas (LNG) terminal in Co Kerry.
A decision in a judicial review case can only be appealed to the Court of Appeal if so permitted by the High Court.
The board’s withdrawal came after Mr Justice Richard Humphreys said he would make certain amendments to his September 2024 judgment overturning the planning refusal. The board’s refusal remains quashed.
On Monday, Fintan Valentine SC, for An Bord Pleanála, said that all parties were consenting to proposed orders relating to the judgment. Mr Justice Humphreys said he suspected his “respite” from dealing with litigation arising from the Shannon LNG project would not last long. “We’ll see what happens,” he said.
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Last week, Shannon LNG was granted planning permission by An Bord Pleanála for a proposed power plant with a capacity of 600 megawatts.
The proposed power plant, which will be located on a 630-acre site between Tarbert and Ballylongford on the Shannon Estuary, will include an emergency storage facility for natural gas in the event of supplies to Ireland being cut off.
In October 2023, the board refused Shannon LNG’s application for the development of a terminal pending completion of the Government’s review of the security of energy supply to 2030. It found the proposal was “contrary to Government policy and therefore contrary to the proper planning and development of the area”.
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The 2020 programme for government stated the government did not believe it “makes sense to develop LNG gas import terminals importing fracked gas”.
[ The debate: Should the State develop a terminal for liquefied natural gas?Opens in new window ]
In September 2024, Mr Justice Humphreys overturned the refusal, and proposed to order the board to reconsider the planning application in line with his findings.
Earlier this month, the Government approved a plan to develop a floating State-led LNG terminal. The cost and location of the facility has yet to be determined.
