FIE is challenging in the High Court the first decision to be given for a project under the new ‘fast track' Strategic Infrastructure Act, a Liquefied Natural Gas [LNG] Terminal near Tarbert on the Shannon estuary.
Until recently, a planning decision given by a local authority can be appealed to An Bord Pleanala. But under the 2006 Strategic Infrastructure Act An Bord Pleanala itself makes the planning decision in the first instance and there is no further appeal.
Since the Aarhus Convention, European Directives have given citizens the right to a review of a decision that is ‘timely, equitable, and not prohibitive expensive'. It must be of all ‘substantive and procedural' legal matters.
That is what FIE is seeking in its application to the Court. In another application to the High Court a member of the Kilcolgan Residents Association is also seeking a Judicial Review with ‘safety, environmental and procedural' grounds for the action.
In fact, the decision infringes at least five European Directives - the Strategic Environmental Assessment Directive, the Seveso Directive on Major Accidents, the Environmental Impact Assessment Directive, the Habitats Directive and the Water Framework Directive.
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