SafetyBeforeLNG - Press Release

For Immediate Release
Press Release June 22nd 2021:

An Bord Pleanála completely ignores notification of Government policy against LNG terminals received one week before decision made to allow fast-track Shannon LNG application.

- No guidelines - only a notification - sent to An Bord Pleanála because the policy is "not a policy of the Minister for Housing, Local Government and Heritage".

A "notification" only obliges the planning authority to "have regard" to government policy, whereas "guidelines" would oblige the planning authority to "comply" with Government Policy.

With news breaking that Shannon LNG has either applied for or is on the verge of applying for planning permission for a new LNG terminal, officials from the Irish Government Department responsible for planning confirmed today that it did not send An Bord Pelanála any guidelines under section 29 of the Planning and Development Act which would oblige it to comply with the new Irish policy against the development of LNG terminals. Only a notification it can ignore under section 143 was sent. The reason given for not sending a section 29 Ministerial policy Directive against the development of LNG terminals and fracked gas imports was because "the Policy is not a Policy of the Minister for Housing, Local Government and Heritage".

It was confirmed that the notification which only obliges An Bord Pleanála to "have regard" to the government policy was sent on May 26th, and it was completely ignored by An Bord Pleanála one week later when the Board ruled that Shannon LNG qualified for fast-tracking planning.

The pressure will now go back to Minister Éamon Ryan the Minister responsible for the new policy and the Government to ensure that Minister Darragh O'Brien issues guidelines to An Bord Pleanála that will force it to stop the Shannon LNG project from being proceeded with before the planning application is lodged, which is reportedly imminent.

The Green Party Minister needs to explicitly request that Minister Darragh.O'Brien issue guidelines ordering An Bord Pleanála to neither permit nor proceed with any appliction for an LNG terminal in Ireland as is current government policy. Otherwise it will be clear that Minister Ryan has deliberately kept the door open for Shannon LNG.

The Minster must also now make public the actual letter his Department sent to the Planning Department which was the basis of the notification to An Bord Pleanála.

It seems that the door is constantly being kept open for Shannon LNG in spite of clear government policy to the contrary. This is unacceptable. Éamon Ryan and his department officials keep dropping the ball on Shannon LNG and it is now going beyond a coincidence. We wonder how they can be so removed from the loopholes they are creating for the Shannon LNG fracked gas import terminal in an area of policy they are supposed to be completely immersed in.

An Bord Pleanála will receive around €100,000 for dealing with the planning application. .

Government policy in regard to LNG and fracked gas imports published on May 18th states:

“In order to implement the Programme for Government commitment that it does not support the importation of fracked gas, the Government has approved that:

• pending the outcome of the review of the security of energy supply of Ireland’s electricity and natural gas systems, it would not be appropriate for the development of any LNG terminals in Ireland to be permitted or proceeded with;"

Shannon LNG lodged a pre-consultation application with An Bord Pleanála in order to be able to apply directly to An Bord Pleanála for an LNG terminal in Tarbert in County Kerry
ABP granted this special fast-track planning status to Shannon LNG on June 2nd.
This decision was possibly influenced by local plans which support the building of the terminal and the fact that Shannon LNG still remains on the Projects of Common Interest (PCI) List.
But ABP seems to have completely ignored the communication from Minister O'Brien's department notifying it of the new policy which was sent to ABP on May 26th - one full week before the decision in Shannon LNG's favour was made on June 2nd.
The notification of May 26th is only obliging ABP to "have regard" to government policy which it can ignore whereas Guidelines issued under section 29 of the Planning Act are an order that An Bord Pleanála "shall comply " with government policy.

It is now extremely urgent that guidelines are sent to An Bord Pleanála by the Minister of Housing, Local Government and Heritage on the agreed government policy on LNG and Fracked gas imports, because it is clear that Shannon LNG intends to apply to An Bord Pleanala imminently (as it told the Department of Environment in early March and which the 'Sunday Business Post" is reporting today) and that planning could be granted if the government notification of the policy will be ignored as it was in the pre-consultation decision. This is urgent because An Bord Pleanála can only take the guidelines on board if it receives the Guidelines before the full application is lodged.

“Ministerial policy directives“ section 29 states that “The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under this Act and planning authorities shall comply with any such directives in the performance of their functions”.

Under section 30 of the Planning and Development Act, the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned

Notes for Editor

1. Confirmation from Department of Planning:

From: XXXXXXXXXXXXX@housing.gov.ie>
Sent: Tuesday 22 June 2021 09:12
To: Safety Before LNG SLNG <[email protected]>
Cc: Housing Aie <[email protected]>; Housing Planning <[email protected]>
Subject: RE: AIE-047-2021 Safety before LNG- acknowledgement

Hi John,

As discussed. On 18 May 2021 the Government through the Department of Environment, Climate and Communications issued the Policy Statement on the Importation of Fracked Gas. https://www.gov.ie/en/publication/f3774-policy-statement-on-the-importation-of-fracked-gas/

Your AIE request refers to Section 28 and 29 of the Planning and Development Act 2000, as amended. These references are not applicable in this case as the Policy is not a Policy of the Minister for Housing, Local Government and Heritage.

When the Government or any Minister issues a new policy, An Bord Pleanála must have regard to Government policy under Section 143 of the Planning and Development Act 2000, as amended.

143.—

(1) The Board shall, in performing its functions, have regard to—

(a) the policies and objectives for the time being of the Government, a State authority, the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural,

(b) the national interest and any effect the performance of the Board’s functions may have on issues of strategic economic or social importance to the State, and

(2) In this section ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.

The Board were notified by DHLGH of the Policy Statement on 26 May 2021 with the Board replying on 27 May 2021. The Policy specifically states that:

“In order to implement the Programme for Government commitment that it does not support the importation of fracked gas, the Government has approved that:

• pending the outcome of the review of the security of energy supply of Ireland’s electricity and natural gas systems, it would not be appropriate for the development of any LNG terminals in Ireland to be permitted or proceeded with;”…….

If the information in this email satisfies the information you were looking for, please withdraw request AIE-047-2021. If you do not withdraw the AIE request, the request will be processed in the standard manner.

Kind Regards,

XXXXXXXXXXXX,

Assistant Principal Officer,

Planning Policy and Legislation

ENDS

Contact:
John McElligott
Safety Before LNG
(087-2804474)
[email protected]