The High Court has quashed planning permission granted by Bord Pleanála to extend the operation of the Bord na Móna peat-powered power plant at Edenderry, Co Offaly.
The decision resulted from a legal challenge mounted by An Taisce to an earlier Bord Pleanála decision to uphold planning permission first granted by Offaly County Council in 2013.
The court ruled Bord Pleanála had been too narrow in its consideration of the environmental impact of continuing to harvest peat from the bogs servicing the Edenderry power plant which consumes 1.2 million tonnes per year.
The ruling puts 180 jobs at risk and could potentially limit the lifespan of other peat-powered Bord na Móna stations in the Midlands.
However, Judge Michael White granted a six-month stay on the order until the end of April 2016 to allow time for Bord Pleanála to decide on a new planning application involving a wider environmental impact assessment.
The decision by Mr Justice White represents a major victory for An Taisce but is an enormous worry for Bord na Móna, which also operates two other turf-burning power plants in the midlands on which planning permission runs out in 2019.
In its submissions seeking a stay on the order, Bord na Móna said 180 jobs would be lost if Edenderry alone has to be shut down. It also said a new control centre would need to be built to facilitate its windfalls in the region.
The decision to allow a six-month stay on the order to quash the planning permission was influenced by the fact that no turf is harvested by Bord na Móna during the winter months.
All eyes in this case, which is crucial to the economy of the Midlands, will now shift to Board Pleanála's decision on a new application from Bord na Móna which is tentatively expected by the middle of December.
Background to the case
This issue arises out of the result of a two-year legal challenge taken by An Taisce to a decision by Bord Pleanála to allow Bord na Móna to continue operating the turf-fired power station at Edenderry beyond 2015.
The Bord na Móna Edenderry power station started in 2002 with permission to burn turf up to the end of 2015.
In 2013, they applied to Offaly County Council for permission to continue operating the plant beyond 2015 - up until 2021.
Permission was granted, but the decision was challenged and so was pushed on to Bord Pleanála.
In 2014, Bord Pleanála granted permission, having considered all submissions including an environmental impact assessment supplied by Bord na Móna.
An Taisce immediately took a High Court challenge to the Bord Pleanála permission.
Their case was founded on the European Environmental Impact Assessment Directive. It centred on the fact that the environmental impact assessment considered by Bord Pleanála was too narrowly focused.
The report had focused on the direct effects of the Edenderry plant continuing in operation but had not considered the indirect effects on the environment.
They argued that the impact of taking the turf from the bog for another seven years will have a big effect in terms of carbon sinks and emissions, etc.
The judge ruled in favour of An Taisce.
