The intervention of actor and environmentalist Mark Ruffalo somewhat overshadowed the passing by the Oireachtas on Wednesday of what could be one of the more consequential pieces of legislation brought forward by this Government.
The Planning and Development Act is described as a once in a lifetime reform of the planning system and pivotal to addressing the housing crisis and wider infrastructural deficits in areas such as transport, water and energy. At its heart is a reorganisation of An Bord Pleanála which becomes An Coimisiún Pleanála. Statutory timelines for decision-making have been introduced and restrictions put on who can seek judicial review of its rulings, .
Ruffalo said it was as an attempt by the Green party to fast track the building of natural gas terminals to facilitate the importation of fracked natural gas from the US. He was referring to the inclusion of terminals and other infrastructure to import liquefied natural gas (LNG) on the act’s list of critical infrastructure projects. Projects on the list can bypass the planning system and seek permission directly from the new commission.
The inclusion of LNG terminals on the list dovetails with the Government’s plan to establish a national strategic gas reserve which will require a LNG terminal.
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Ruffalo is correct that the legislation would appear to allow LNG projects to bypass the planning system and go directly to the new commission. He also appears correct that they could be used to import fracked gas. The Government has denied that this is the intention and said that its intention is that any new facility would be state controlled.
It seems likely that such a project could end up with An Coimisiún Pleanála sooner rather than later. The High Court has recently quashed the refusal of permission for a privately-owned LNG terminal in Kerry and sent it back to An Bord Pleanála. It will now fall under the remit of An Coimisiún Pleanála and may prove an early test of the ability of the new act to deliver on its promise to speed up large infrastructure projects.