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Planning board’s refusal of permission for strategic infrastructure development is quashed
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High Court quashes a decision by An Bord Pleanála to refuse permission for a strategic infrastructure development comprising a power plant, battery energy storage system, and LNG facilities. The court found that the Board failed to consider a relevant Government policy on energy security published after the inspector's report and prior to the Board's decision. Additionally, the Board erroneously classified a consultation document as "national policy" and improperly considered it in its decision-making process. The challenge to the 2021 Government policy document, which was interim and influenced the Board's decision, was not addressed due to the principle of judicial restraint, as the decision was quashed on other grounds.
An Bord Pleanála, strategic infrastructure development, LNG facilities, Co. Kerry, High Court, judicial review, Government policy, energy security, National Risk Assessment, consultation document, certiorari, judicial restraint, environmental impact assessment, planning authority, national interest, strategic economic importance, National Planning Framework, regional spatial and economic strategy, public authority.
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