News and Media Releases
Shell E&P Ireland Limited welcomes High Court rulings
16/03/2006
Shell E&P Ireland Limited (SEPIL) has today welcomed a High Court ruling which found that no further challenge to the planning permission, which was granted in October 2004 for its proposed gas processing terminal planning at Bellanaboy in Co Mayo, can now be brought by way of judicial review.
Ms Justice Fidelma Macken this morning (Thursday 16 March) refused Mr Martin Harrington's application to appeal her earlier decision (to refuse leave for judicial review) to the Supreme Court. The judge rejected all the grounds put forward by Mr Harrington as not being points of law of exceptional public interest. She also refused to refer the case to the European Court of Justice.
This means that no further challenge to the gas terminal planning permission can now be brought by way of judicial review.
In a seperate High Court ruling on Tuesday 14th by Mr Justice Thomas Smyth confirmed that Shell had not breached the conditions of its planning permission for the Bellanaboy gas terminal. The judge noted that there was no attempt by Shell to avoid its obligations.
Justice Thomas Smyth commented that the agreement of Mayo County Council was a crucial factor. Not only had the Council refrained from bringing any enforcement proceedings against Shell but they had acknowledged that they were happy with the position in relation to compliance with the planning conditions.
In saying that, even if he had found Shell to be in technical breach of the conditions, he would have exercised his discretion against Mr Sweetman and not made an order against Shell, Mr Justice Smyth noted the bona fides of Shell and the large number of unwarranted complaints and the trivial or technical nature of the complaints made by Mr Sweetman.
Decisons on the awarding of costs in both cases will be made in the coming weeks.
Commenting on the two court decisions, Mr Andy Pyle Managing Director of SEPIL said; "Shell is fully committed to following due process in relation to the Corrib Gas project and takes very seriously its responsibility to comply with planning conditions and all consents it has obtained in relation to the project. Shell has worked closely with Mayo County Council to implement the planning conditions set by An Bord Planeála when it granted permission for the gas terminal and will continue to do so in the future."