Planning and Environment - Matheson's Environment, Planning and Safety Newsletter, April 2014

In this issue

Environmental Protection Agency in Court against landfill companies, their lender bank and receiver seeking payment of landfill closure and restoration costs

Safety of onshore and offshore oil and gas

The beginning of the end for delays in Irish environmental decision-making?

“The Celtic Tiger ate my homework” – the recession defence

When is a wind turbine in the right place at the right height?

For further information, please contact Nicola Dunleavy or Patrick Sweetman, co-heads of the Planning and Environment Group at Matheson, or any of the partners listed below.

E:nicola.dunleavy@matheson.com
E:patrick.sweetman@matheson.com
E:michael.oconnor@matheson.com

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Welcome to Matheson's Environment, Planning and Safety newsletter

Welcome to Matheson’s insight into recent significant developments, including the landmark court decision this month arising from an action by the Environmental Protection Agency against landfill companies and their Lender Bank in respect of costs of a waste facility.

In this issue

Environmental Protection Agency in Court against landfill companies, their lender bank and receiver seeking payment of landfill closure and restoration costs

The proceedings brought by the EPA relate to €27 million in estimated landfill closure and restoration costs, part of which had been transferred by a bank to service debts owed by the landfill companies. The EPA argued that the sum of €27 million of the overall fees received by the group for disposal of waste at the landfills was required by law to be used only for closure and restoration and could not be used, or secured, for any other purposes. The Court disagreed.

Safety of onshore and offshore oil and gas
Independent Irish regulator in new role

On 20 December 2013 Ireland’s energy regulator published a High Level Design of the Petroleum Safety Framework for offshore and onshore oil and gas activities in Ireland. Two days earlier, legislation commenced the regulator’s role in assessing safety cases and issuing safety permits.

The beginning of the end for delays in Irish environmental decision-making?

Job-creating industries can be stalled by delays in environmental decision-making. Irish and European environmental law is complex - but it exists to protect the environment while development occurs, not to ban development. Frustrated developers have not found a court remedy for delays by licensing authorities in undertaking assessments and making decisions, until now.

“The Celtic Tiger ate my homework” – the recession defence

Can Celtic Tiger antics provide a defence for failing to honour contractual lease commitments made in rosier financial times? A tenant sought to set aside a lease in the High Court, based on a common mistake as to the likely performance of the market.

When is a wind turbine in the right place at the right height?

A neighbour lost a planning injunction to have a wind farm dismantled, even though the developer only constructed three of the four permitted turbines, in different places and at different heights than permitted. The lesson for developers is to ensure that any deviations are considered and accepted by the planning authority before the changes are implemented.

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