A renewables firm is asking the High Court to declare that Ireland’s central planning authority has failed to approve enough green energy infrastructure projects to meet 2030 environmental targets.
Coolglass Wind Farm Limited’s application for permission to build a 13-turbine wind farm in Co Laois was refused by An Bord Pleanála because it was to be located across townlands on which the Laois County Development Plan prohibits wind farm development.
The planning application drew more than 100 public observations raising various issues and concerns with the board.
The board’s rejection was welcomed by Minister of State and local Fianna Fáil TD Seán Fleming, who said in a video posted online that he would “ask the developers to pick up their bags and go away and not come back and try and recontest this”.
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However, in a new legal action, Cork-based Coolglass says An Bord Pleanála has a discretion to permit a renewable energy project that contravenes a local development plan.
The 2015 Climate Action and Low Carbon Development Act provides that organisations such as An Bord Pleanála “shall, in so far as practicable” perform their duties in line with the State’s climate action plan and long-term climate action strategy.
Coolglass argues the “term insofar as practicable” requires that the board will only make a decision that is inconsistent with national climate objectives where a decision in line with those objectives would be unlawful.
The case contends the board is generally failing to comply with its obligations under the 2015 Act because it has adopted a policy of refusing to exercise its discretion to approve wind farm developments that materially breach local development plans.
Coolglass claims the board’s rejection of its application is invalid because it “failed” to treat the project as “being in the overriding public interest and serving public health and safety”. It wants an order overturning the board’s decision.
Achieving renewable energy targets is “critical” to meeting the 75 per cent reduction in electricity sector emissions by 2030, relative to 2018 levels, the firm contends.
It says Ireland is not on track to meet its renewable energy or wider climate targets, and in particular will fail to meet its target of achieving 9GW of onshore wind energy capacity by 2030 unless “significant and urgent further action” is taken.
A 2024 report from the Environmental Protection Agency projects that, if all planned policies and measures are fully implemented, Ireland will by 2030 achieve a 29 per cent reduction on 2018 greenhouse gas emissions. This falls far short of the State’s goal of a 51 per cent reduction.
Coolglass’s senior counsel, Declan McGrath, instructed by A & L Goodbody Solicitors, this week secured High Court permission to pursue the case against An Bord Pleanála, with Ireland and the attorney general on notice of the case.
Mr Justice Richard Humphreys adjourned the case to early next month when the board and State will have their first opportunity to rebut the claims made.
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