Legal Victory For Opponents: High Court Quashes Approval for Dunnstown Battery Energy Storage Scheme

Opponents of the proposal cited concerns over environmental and biodiversity impacts, as well as fire and explosion risks.

The High Court has invalidated An Bord Pleanála's decision to authorise the Dunnstown Battery Energy Storage Scheme.

The Court issued an Order of Certiorari annulling the decision due to the Board's insufficient consideration of submissions regarding firefighting water supplies, including a report from fire safety consultant Dr. Paul Christensen, on behalf of the applicants.

Additionally, the Board is obligated to cover the applicants' High Court costs.

This action follows the Two Mile House Says No campaign's (TMHSN) successful request last April for a Judicial Review of An Bord Pleanála's decision to overturn Kildare County Council's initial denial of permission to Strategic Power Projects Limited.

The TMHSN campaign has greeted the High Court's decision as positive.

The developer has the option of remittal, allowing An Bord Pleanála to reconsider the appeal and issue a new decision.

Initially rejected by Kildare County Council in 2021, the original planning application for the Battery Energy Storage Scheme, potentially one of Europe's largest, was overturned by An Bord Pleanála in September 2022.

Opponents of the proposal, including residents, community groups, and agricultural and equine business interests in the area, cite concerns over environmental and biodiversity impacts, as well as fire and explosion risks.

The opposition compiled extensive research, documenting over 50 fire incidents in similar installations globally. They highlighted the project's inadequacies in design and location in the event of a battery fire necessitating emergency service access and potential community evacuation. Additionally, they noted the county's current fire service resources' inadequacy in handling such incidents.

Kildare County Council's refusal was based on concerns about the project's prematurity pending a related 220kV sub-station application, insufficiently addressed fire safety aspects, inadequate wastewater management details, and lack of information regarding noise and vibration.

An Bord Pleanála's Inspector overturned Kildare County Council's fire safety concerns, deeming them technical matters more suitably addressed under the certification system managed by the Building Control Act, and insufficient grounds for refusal of planning permission.