The passing of a significant legislation, the Planning and Development Act, by the Oireachtas was somewhat eclipsed by the involvement of actor and environmental activist Mark Ruffalo. This Act, which aims to overhaul the planning system and is crucial in confronting housing and far-reaching infrastructure shortages in areas such as transport, water and energy, includes a restructuring of An Bord Pleanála into An Coimisiún Pleanála. Furthermore, it introduces statutory durations for decision-making and has placed limitations on individuals who can seek legal analysis of its verdicts.
Ruffalo has criticized the legislation, voicing his concerns that the Green party is trying to expedite the construction of natural gas terminals in order to promote the import of fracking-sourced natural gas from the United States. He was discussing the Act’s identification of terminals and related structures for importing liquefied natural gas (LNG) as critical infrastructure ventures. Such projects, listed as critical, are exempted from the planning system and can seek immediate approval from the newly formed committee.
The government intends to establish a strategic gas reserve nationally, which aligns with the inclusion of LNG terminals in the critical infrastructure list. Ruffalo’s suspicions that the Act permits LNG projects to circumvent the planning system, applying directly to the newly formed commission might be true. He is further quite right in his assumption that these might be taken advantage of to import gas obtained through fracking. Despite these, the government has refuted the claim that it is their objective and maintains that any new structure will be under state control.
It is possible that such a project could end up with An Coimisiún Pleanála in the short term. Recently a private owned LNG terminal’s refusal permission in Kerry was squashed by the High Court and sent back to An Bord Pleanála. Now within the purview of An Coimisiún Pleanála it may act as a test for the newly passed Act’s promise to expedite major infrastructure projects.