Supreme Court Clarifies Climate Obligations in Planning Decisions, Not Automatic Green Light
The Supreme Court ruled in February that planning decisions must align with the Climate Action Act 2015, making climate considerations legally enforceable. While this clarifies obligations for authorities, it does not automatically favor renewable energy projects. Ireland needs urgent resources and funding to overcome planning backlogs and meet climate targets.
In February, the Supreme Court ruled in Coolglass Wind Farm vs An Coimisiún Pleanála, clarifying that planning authorities must align decisions with the Climate Action and Low Carbon Development Act 2015. This makes climate considerations an enforceable legal requirement, obliging authorities to explain how decisions are consistent or inconsistent with climate goals. This applies to all relevant public sector bodies, not just An Coimisiún Pleanála.
Brendan Curran, partner at A&L Goodbody, noted that while the ruling strengthens climate obligations, it does not create an automatic presumption favoring renewable energy projects. Kristen Read, senior associate at A&L Goodbody, explained that the court specified that national climate objectives filter down to local levels through development plans, but this cannot be converted into a simple formula. The judgment clarifies how planning authorities must incorporate national climate obligations, smoothing the path for sustainability projects without providing an automatic green light.
Ireland faces challenges in accelerating its onshore and offshore wind sectors. Over 20 state authorities require notification for planning applications, and urgent resourcing and funding are needed to reduce decision-making backlogs. Curran highlighted that extensive scrutiny and delays, even for thorough applications, jeopardize climate targets and increase electricity prices. The Government’s Offshore Wind Industrial Strategy, «Powering Prosperity,» published in March 2024, outlines 40 actions, including significant grid investment and an Offshore Skills Action Plan to address recruitment challenges in 33 job roles.