The High Court has dismissed a legal challenge against a 600-megawatt power plant in North Kerry.
Shannon LNG Ltd was granted permission by An Coimisiún Pleanála to build a power plant on the Tarbert/Ballylongford landbank in March last year.
A judicial review taken against that decision by an environmental group has now been dismissed, in a judgment delivered in the High Court today.
The plant which had been granted planning permission, was to include three turbine halls, each containing one combined cycle gas turbine each with a capacity for 200 megawatts.
The company was also granted permission for a battery energy storage system, all on the Tarbert/Ballylongford landbank.
The environmental group, Friends of the Irish Environment, took a legal challenge against this decision to the High Court, and sought for the court to quash permission.
Lodging the judicial review, the group argued the decision was invalid on four core grounds, including that it was not consistent with domestic law or EU law, and that the national planning body erred in law in concluding that the development would be in accordance with the proper planning and sustainable development of the area.
Mr Justice Richard Humphreys delivered his judgment in the case today in the High Court, dismissing the group’s application to quash permission.
In the judgment, seen by Radio Kerry, he writes this development must be one of the most thoroughly litigated projects in recent times – this is the seventh written decision relating in one way or another to this project.
Mr Justice Humphreys acknowledged the climate emergency represents a critical risk to human and natural life on earth.
He said a gas plant can act as a resilience backbone to provide relatively rapid and relatively controllable power to bridge the gap between intermittent renewable generation and demand.
Mr Justice Humphreys noted a judicial review is concerned with the legality rather than the correctness of the decision.
He concludes that none of the issues raised by the environmental group in these proceedings were raised prior to this stage, and judicial review is not generally a second chance to dream up new issues.
Shannon LNG Ltd is separately awaiting a decision by An Coimisiún Pleanála on a planning application for a floating storage and regasification unit for liquefied natural gas, as well as onshore receiving facilities.
Cathaoirleach of Kerry County Council and Ballylongford native Cllr Michael Foley, has welcomed the High Court's decision.
