Planning permission for Northern Ireland oil terminal expansion quashed

Planning permission for Northern Ireland oil terminal expansion quashed

Northern Ireland’s High Court has quashed a council’s decision to grant planning permission for major expansion work at a defunct oil terminal following a legal challenge supported by The PILS Project.

Mid and East Antrim Borough Council decided in April 2024 to grant planning permission for redevelopment and expansion of the Cloghan Point Oil Terminal at Whitehead, Co Antrim.

A member of the Stop Whitehead Oil Terminal (SWOT) campaign group subsequently issued proceedings against the council and the Department for Infrastructure.

The council eventually admitted failing to hold a pre-determination hearing before issuing its final decision.

Maria McCloskey, director and solicitor at The PILS Project, said: “This challenge is a true ‘David and Goliath’ situation.

“We all want to have confidence that major environmental planning decisions are made properly. In the face of the significant resources of the council and a major fossil fuel company, SWOT took on this complex legal challenge to protect the natural environment that we all enjoy.

“Today, the High Court has vindicated SWOT’s decision to question how the council processed this application. This is a public interest victory of seismic proportions!”

The PILS Project provided SWOT with its full range of public interest litigation support services to launch these court cases, including direct representation from its own solicitor, pro bono legal advice and representation from legal experts, and financial support to lodge the judicial review application in court.

Ms McCloskey said: “Every public interest challenge that PILS supports is a genuine collaborative effort.

“I am hugely grateful to Acland Bryant, who offered his advice to SWOT through PILS’ pro bono register, and to his colleague Marc Willers KC at Garden Court Chambers and Claire Nevin at Francis Taylor Building for their insight and guidance.”

Following the quashing of the decision to grant planning permission, the planning application will go back to the council for reconsideration.

PILS has urged the council to consider all the legal points raised in the challenge and, vitally, consider the issues of emissions as well as the potential cumulative impact of several significant fossil fuel developments planned for the East Antrim area.

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