Courts / Meath / Report
High Court overturns planning permission for Meath biogas facility
Summary
In a 2019 High Court judgment, Mr Justice Garrett Simons quashed An Bord Pleanala's 2016 decision to grant planning permission for Greenfield Ventures Limited to build a biogas facility at Gillstown, Garlow Cross, Navan, Co Meath. The court found that the board's conclusions regarding the EU Seveso III Directive were unreasonable, as no material had been presented to justify them. The judge noted that the board had incorrectly concluded that the 10‑tonne biogas storage limit would not be exceeded, a claim unsupported by the documentation actually relied upon. He also rejected the plaintiff's argument that the board erred in its assessment of the distance between the proposed plant and Mr Niall Halpin's dwelling. The case was adjourned to early June for the parties to decide whether to remit the matter to the board or to submit a new application. The Environmental Impact Assessment screening determination was upheld as lawful.
Who, what, where, when and why
What: Report matter: High Court overturns planning permission for Meath biogas facility. Procedural stage: hearing_or_decision
When:
- June 9th 2016 Other
- 2019-05-24 Publication
Why: These conclusions, he said, were unreasonable because no material had been put before the court capable of justifying the board's conclusions in regards to the Directive, known as Seveso III. CNI source report
Case subjects
Applicant
Outcome: The judge, who adjourned the matter to a date in early June to allow the sides consider the decision, said he would hear the sides on whether the matter should be remitted back to the Board for further consideration or if a fresh application for planning should be made.
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