High Court overturns refusal of permission for Shannon LNG terminal in Co Kerry

A High Court judge has overturned a refusal of permission for the proposed Shannon LNG gas terminal in Co Kerry.
In a judgment on Monday, Mr Justice Richard Humphreys quashed An Bord Pleanála’s decision and said he proposed to order the board to reconsider the planning application in line with his findings.
Shannon LNG sought permission for a power plant, battery energy storage system and a regasification unit on a 630-acre site between Tarbert and Ballylongford.
Opponents of LNG highlight it is extracted by hydraulic fracturing or fracking, a method banned in Ireland on public health and environmental grounds. They claim that developing a storage and regasification facility would prolong dependence on fossil fuel when the country is supposed to be moving away from polluting sources of energy.
In October 2023, the board refused permission pending completion of a review of the security of energy supply up to 2030. The LNG project, it found, was “contrary to Government policy and therefore contrary to the proper planning and development of the area”.
[ Planning board refuses permission for €650m Shannon LNG terminalOpens in new window ]
The 2020 programme for government stated the Government did not believe that it “makes sense to develop LNG gas import terminals importing fracked gas”.
The judge noted later developments included the March 2022 Versailles declaration by EU heads of state and government, including the taoiseach.
That noted the impact of Russia’s invasion of Ukraine and said the current situation required a “thorough assessment of how we ensure the security of our energy supplies”. The European Council, including Ireland, unanimously decided to work together on common purchase of gas, LNG and hydrogen.
Mr Justice Humphreys stressed he would not wish to be taken as commenting for or against the merits of the LNG project.
It appeared to be common ground between the parties that Government policy did not amount to “a moratorium”, he said. A policy document constituted a policy preference only, which the board was free in law to depart from because Government policy has only a “have regard to” status, not a “comply with” status.
[ High Court orders planners to reconsider Shannon LNG projectOpens in new window ]
He found the board failed to have regard to the 2023 national risk assessment, which recognised a lack of diversity of supply sources and storage “is a risk for security of supply”. That policy, adopted after the board inspector’s report on the planning application and immediately before the board’s decision, was in principle capable of being assessed as giving additional and recent policy support to the application, he said.
The board also misclassified a draft consultation document as national policy and erred in favouring this as part of its refusal decision.
On foot of those and other findings, he overturned the permission and indicated he proposed to remit the matter to the board for reconsideration and decision in accordance with law.
The parties have 14 days to make submissions on the proposed remittal.
The judge observed it appeared desirable to have “an actual conclusion” to the review of energy security and gas supply policy, ongoing for some 2½ years.
The State had tried to attribute the delay to Russia’s invasion of Ukraine but that “should be a reason to speed matters up, not slow them down”, he said.
Minister for Energy Eamon Ryan recently said it might make more sense to invest further in solar, interconnection and battery storage of electricity than to put the money into LNG. Analysis on this issue would be completed in the coming months, he said.
Reacting to the High Court decision, Fianna Fáil Ireland South MEP Billy Kelleher described it as “a win for common sense and for energy security in Ireland”.
“Renewables will, of course, provide the vast majority of our energy supply into the future, but we need back-ups for when the wind doesn’t blow or when the sun doesn’t shine.”