- Adherence with Government Policy
The Council must delete in its entirety the proposed objective in Chapter 12 to "Facilitate the expansion of the gas network, including the facilitation of a gas importation facility in the Tarbert/Ballylongford Landbank, and the expansion of the network to the Kerry Hub and Knowledge Triangle settlements of Tralee, Killarney and Killorglin"
In May 2021 the Government introduced a Policy Statement on the Importation of Fracked Gas. This notes 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". Under the 2000 Planning Act, local authorities are obliged to respect relevant Government policy with regard to proper planning. On the basis of the provision in the aforementioned Policy Statement approved by Government, the noted objective does not respect the provision in the Policy Statement and actively runs counter to it.
It is important to note the Policy Statement is the Government's current and most up to date position and the Government has not referred to any imminent change, given that the energy security review is still being progressed (with no firm deadline for completion given the review period includes a public consultation on a technical report that has not been completed ).
We also wish to highlight correspondence from the Minister of State to Friends of the Earth on 21st September 2021 (see attached. Ref HPLG-MoSB-00890-2021 ) regarding a planning application currently under consideration by An Bord Pleanála. We do not wish to address the specifics of this planning case and rather wish to bring to the Council’s attention the Minister’s comments specifically concerning the Policy Statement. The Minister notes: ‘As previously stated, the Government position as outlined in the Policy Statement is 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". This applies even where a planning application is submitted for any such development proposal; in such scenario, any such planning application will not be proceeded with or determined pending the outcome of the mentioned review.’ (emphasis added).
Under section 9(6) of the Planning and Development Act “A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.” We would underline that the Minister has clearly noted that the Policy Statement is pertinent to planning and the draft text which refers to facilitation of a gas importation facility run directly counter to the Minister’s conclusion that planning for such a facility will not be determined pending the energy security review.
We also wish to note Minister Ryan's letter to An Bord Pleanála in October 2021. Minister Ryan drew An Bord Pleanála’s attention to the programme for government, which notes that “we do not believe that it makes sense to develop LNG gas import terminals importing fracked gas”. [See https://www.businesspost.ie/energy/ryan-intervenes-directly-in-senseless-shannon-lng-plan-26c0f3f4 ] He also referred to the Government Policy on the Importation of Fracked Gas and underlined that “In conclusion, I wish to make it very clear that I believe that [the] permitting of this project would be in direct contravention to government policy and therefore it should not, under any circumstances be permitted”. We would emphasise that these are not comments in-passing and are statements produced by the Minister specifically for ABP. There is no grounds for a County Council to take a conflicting approach in its Development Plan.
Lastly, in June 2020, the Leo Varadkar, TD and Micheál Martin, TD produced a letter to Green Party counterparts which noted ‘Both of our parties accept that as we move towards carbon neutrality, it does not make sense to build new large scale fossil fuel infrastructure such as liquefied natural gas import terminals’. We would underline that the draft objective in Chapter 12 does not adhere with Government Policy or support political commitments.
- Climate Act
The reference to expansion of the gas network in the proposed objective in Chapter 12 should also be deleted. The Government passed a new Climate Act in July 2021[1] which introduces a climate neutrality target for 2050, as well a 51% emissions reduction target by 2030. 5-year carbon budgets and sectoral emissions ceilings in accordance with these targets are to be produced imminently. The draft Plan does not make clear how the additional increasing emissions associated with long-term supply and usage of fossil methane gas is compatible with the state’s legal targets.
We note with concern the absence of information on emissions from the proposed developments. A central element in considering major infrastructure projects must be that they do not lock-in long-term emissions and must be in accordance with forthcoming sectoral plans and emissions ceilings. Such plans must align with carbon budgets and carbon budgets must be in accordance with the 51% mitigation target by 2030 and net zero target by 2050 (as set out in Ireland's 2021 Climate (Amendment) Act). The draft Plan fails address how the long-term lock-in of emissions associated with expansion of the gas network would be prevented or abated. The draft Plan also does not address the proposed carbon budget produced by the Climate Change Advisory Council in October 2021.[2]
The expansion of fossil fuel infrastructure inevitably leads to reliance on these polluting sources, and a ‘lock-in’ effect to fossil fuels. We would underline that that the 2021 Climate Act essentially requires an entirely decarbonised energy system by 2050 in order to align with the net zero pathway. The draft Plan also provides no information as to how emissions associated with operation of gas assets over future decades are in accordance with a fully decarbonised system.
- Obligations on County Council and Absence of Climate and Environmental Analysis
The Council is required to have regard to climate change mitigation in producing its development plan. Under the 2015 Climate Act (as amended by the 2021 Climate Amendment Act), public bodies, including County Councils are obliged to “perform...functions in a manner consistent with—(a) the most recent approved climate action plan; (b) the most recent approved national long term climate action strategy, (c) the most recent approved national adaptation framework and approved sectoral adaptation plans, (d) the furtherance of the national climate objective, and (e) the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State.”[3]
In order to ensure alignment with these obligations, it is essential that the Council assesses how any polluting emissions associated with the proposed developments will be prevented, reduced or not locked-in. The draft Plan does not set out the likely emissions associated with the plant or demonstrate the necessary prevention or mitigation of associated emissions.
Local authorities will also soon need to produce climate action plans under section 14B of the amended Climate Act. These plans will be in effect for 5 years and authorities must comply with any guidelines produced by the Minister. In light of the Climate Act, latest Climate Action Plan and the Government's Policy Statement on Fracked Gas, the draft Development Plan currently runs the risk of undermining its future climate action plan.
[1] See Climate Action and Low Carbon Development (Amendment) Act 2021.
[2] See https://www.climatecouncil.ie/carbonbudgets/ and https://www.climatecouncil.ie/media/climatechangeadvisorycouncil/Technical%20report%20on%20carbon%20budgets%2025.10.2021.pdf
[3] Section 15 7(1) 2015 Climate Act