Courts / Offaly / Report

Environmental assessment carried out on Offaly power station was flawed, judge rules

Date
2015-10-09

Stage
Hearing Or Decision

Primary locality
Clonbullogue

County
Offaly

Summary

Mr Justice Michael White ruled that the environmental assessment for the Clonbullogue power station in Co Offaly was flawed. In proceedings brought by An Taisce, the National Trust for Ireland, the judge found that An Bord Pleanála misinterpreted the EU Environmental Impact Assessment (EIA) Directive by completely excluding indirect effects of peat extraction from designated bogs. The court declared that An Bord Pleanála is obliged to ensure the effectiveness of the EIA Directive by subjecting those environmental effects to an assessment before granting planning permission for the plant's continued operation. The action was opposed by the board and notice parties, including Edenderry Power Ltd, Bord na Mona Energy Ltd, Bord Na Mona Plc, the Minister for the Environment, and the State. Following his ruling, the judge adjourned the action for further orders arising from that finding. An Taisce had also sought an order quashing the planning permission decision. Separately, Mr Justice White dismissed related proceedings brought by Friends of the Irish Environment Ltd, which sought to quash the permission and declared that peat extraction effects were not properly assessed under the EU Habitats Directive. The judge dismissed this application because the applicant failed to provide expert evidence regarding the Habitats Directive. Notice parties in that separate action included Edenderry Power Ltd, Bord Na Mona, the Department of Arts Heritage and the Gaeltacht, the EPA, and An Taisce.