In a landmark case in February, the Supreme Court clarified how climate obligations must be applied in planning decisions.
The court’s ruling in the Coolglass Wind Farm vs An Coimisiún Pleanála case confirmed that planning authorities need to ensure that decisions to grant or refuse permissions align with the objectives of the Climate Action and Low Carbon Development Act 2015.
The decision means that climate considerations are an enforceable legal requirement, meaning that if a project is either refused or granted, planning authorities are obliged to explain why the decision is consistent or not with climate goals.
“An Coimisiún Pleanála will have to achieve consistency with those objectives, and it is not just the commission. The Supreme Court said that the Act applies to all relevant bodies in the public sector. If a public authority’s board is meeting to adopt a strategy, make an investment, sign a contract, decide on a permission – it will need to be satisfied that it is consistent with those objectives or, if not consistent, that there is a statutory exception that allows that body to proceed,” says Brendan Curran, partner, environmental and planning, at law firm A&L Goodbody.
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What will this mean in practice and will it smooth the path of onshore and offshore wind farms and other sustainability-related projects through the planning system? Not necessarily, it seems.
As Kristen Read, senior associate, environment and planning at A&L Goodbody, clarifies: “Whilst the court’s decision strengthens the legal force of climate obligations in planning decisions, it does not create an automatic presumption in favour of renewable energy or sustainability projects. The court has specified that the manner in which it is proposed the State will meet its climate objectives has been set at a national level, percolating down to a local level through the specific context of the development plan – but has noted that the performance of functions in a manner consistent with the Climate Action and Low Carbon Development Act 2015 cannot be converted into a simple formula.”
She adds: “For developers of onshore and offshore wind, solar, and other sustainability‑related infrastructure, the judgment certainly smooths the path through the planning system by clarifying how Ireland’s planning authorities must incorporate national climate obligations into their decisions, though it stops short of creating an automatic green light for renewable energy projects.”
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As it stands, there are more than 20 state authorities that need to be informed of planning applications and urgent resourcing and funding for planning authorities and State agencies are needed to reduce decision-making backlogs.
“Even the phase-one offshore wind farms, with planning applications in excess of 10,000 pages, have been asked for huge volumes of further information. Even the most thorough of applications are being scrutinised and those delays can jeopardise progress towards Ireland’s climate targets and increases electricity prices for consumers. The good news is that this is within the State’s control, if Ireland can continue to focus on resourcing those authorities, and enable them to communicate their expectations earlier in the processes and with more consistency,” says Curran.
Aside from planning, there are a wide range of other issues that need to be addressed to accelerate Ireland’s onshore and offshore wind sectors. In fact, the Government’s Offshore Wind Industrial Strategy, known as Powering Prosperity, published in March 2024, set out no fewer than 40 actions that are required.
These range from significant investment in the national grid to implementing the Offshore Skills Action Plan to overcome recruitment challenges in 33 job roles within the wind energy industry. The strategy also calls for the development of world leading ‘innovative enterprise ecosystem’ involving both indigenous and multinational companies to service the needs of this expanding sector.
