Upcoming Events

National | Environment

no events match your query!

New Events

National

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link The Wholesome Photo of the Month Thu May 09, 2024 11:01 | Anti-Empire

offsite link In 3 War Years Russia Will Have Spent $3... Thu May 09, 2024 02:17 | Anti-Empire

offsite link UK Sending Missiles to Be Fired Into Rus... Tue May 07, 2024 14:17 | Marko Marjanović

offsite link US Gives Weapons to Taiwan for Free, The... Fri May 03, 2024 03:55 | Anti-Empire

offsite link Russia Has 17 Percent More Defense Jobs ... Tue Apr 30, 2024 11:56 | Marko Marjanović

Anti-Empire >>

Human Rights in Ireland
Indymedia Ireland is a volunteer-run non-commercial open publishing website for local and international news, opinion & analysis, press releases and events. Its main objective is to enable the public to participate in reporting and analysis of the news and other important events and aspects of our daily lives and thereby give a voice to people.

offsite link Julian Assange is finally free ! Tue Jun 25, 2024 21:11 | indy

offsite link Stand With Palestine: Workplace Day of Action on Naksa Day Thu May 30, 2024 21:55 | indy

offsite link It is Chemtrails Month and Time to Visit this Topic Thu May 30, 2024 00:01 | indy

offsite link Hamburg 14.05. "Rote" Flora Reoccupied By Internationalists Wed May 15, 2024 15:49 | Internationalist left

offsite link Eddie Hobbs Breaks the Silence Exposing the Hidden Agenda Behind the WHO Treaty Sat May 11, 2024 22:41 | indy

Human Rights in Ireland >>

Lockdown Skeptics

The Daily Sceptic

offsite link News Round-Up Tue Jul 23, 2024 01:16 | Richard Eldred
A summary of the most interesting stories in the past 24 hours that challenge the prevailing orthodoxy about the ?climate emergency?, public health ?crises? and the supposed moral defects of Western civilisation.
The post News Round-Up appeared first on The Daily Sceptic.

offsite link Will Trump Ever Admit Lockdown Was a Mistake? Mon Jul 22, 2024 19:35 | Jeffrey A. Tucker
Will Trump ever admit he was wrong to back lockdown in March 2020 ? a decision that doomed America to years of crisis and sank his re-election hopes that year? Jeffrey Tucker is hopeful that truth will finally prevail.
The post Will Trump Ever Admit Lockdown Was a Mistake? appeared first on The Daily Sceptic.

offsite link Joe Biden Out in Apparent Palace Coup Mon Jul 22, 2024 17:30 | Eugyppius
Biden's team was still obliviously tweeting his resolve to fight on hours after he had decided to step down. So was the matter taken out of his hands? It has all the signs of an opportunistic palace coup, says Eugyppius.
The post Joe Biden Out in Apparent Palace Coup appeared first on The Daily Sceptic.

offsite link Who Will Guard Us Against the Guardian?s ?Fact Checks?? Mon Jul 22, 2024 15:34 | David Craig
The Guardian has published a 'fact check' of Donald Trump's claims about inflation and immigration. Just one problem, says David Craig: the 'fact check' gets its facts wrong. Who will guard us against the Guardian?
The post Who Will Guard Us Against the Guardian’s ‘Fact Checks’? appeared first on The Daily Sceptic.

offsite link Biden Delayed Stepping Down as He ?Doubts Kamala? as Senior Democrats Fail to Back Her Mon Jul 22, 2024 13:19 | Will Jones
President Biden delayed stepping down in part because he doubted Kamala Harris was up to the challenge of an election battle with Donald Trump, sources have said.
The post Biden Delayed Stepping Down as He “Doubts Kamala” as Senior Democrats Fail to Back Her appeared first on The Daily Sceptic.

Lockdown Skeptics >>

Voltaire Network
Voltaire, international edition

offsite link Netanyahu soon to appear before the US Congress? It will be decisive for the suc... Thu Jul 04, 2024 04:44 | en

offsite link Voltaire, International Newsletter N°93 Fri Jun 28, 2024 14:49 | en

offsite link Will Israel succeed in attacking Lebanon and pushing the United States to nuke I... Fri Jun 28, 2024 14:40 | en

offsite link Will Netanyahu launch tactical nuclear bombs (sic) against Hezbollah, with US su... Thu Jun 27, 2024 12:09 | en

offsite link Will Israel provoke a cataclysm?, by Thierry Meyssan Tue Jun 25, 2024 06:59 | en

Voltaire Network >>

12-year legal battle quashes planning permission for Shannon LNG terminal

category national | environment | press release author Tuesday November 10, 2020 20:19author by foie - Friends of the Irish Environment Report this post to the editors

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

Related Link: https://www.friendsoftheirishenvironment.org/press-releases/17893-12-year-legal-battle-quashes-planning-permission-for-shannon-lng-terminal
© 2001-2024 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy