Judicial review sought following granting of planning permission for biogas facility in Offaly

Grafton Group PLC is seeking a judicial review following a decision by An Bord Pleanala to grant permission for a biogas facility in Tullamore. 

Grafton Group owns Chadwicks which borders the location of the proposed anaerobic digester at Ballyduff, Tullamore.

The company filed the application on March 31 2022. No date has been set for the review.

On July 23, 2020 Strategic Power Limited applied to Offaly County Council to construct the renewable biogas facility at Ballyduff, Tullamore. The plant will receive organic matter such as animal manure and food wastes and in the absence of oxygen break it down into biogas and organic fertiliser.

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In January 2021, Offaly County Council refused to grant permission for the facility. This was subsequently appealed to An Bord Pleanala by Strategic Power who gave it the green light in February of this year.

The decision sparked the ire of local residents who lodged objections to the facility. ''We will not stand for this apparent blatant disregard for the opinions of the common man over big business,'' said Paschal Fox, the Chair of Rahan Road Residents Association. In a statement, Mr Fox stressed that the people have ''no option but to fight this decision in any way we can. We are thus reviewing our options currently and taking various advices not just on our behalf but on behalf of the town of Tullamore as a whole.''

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The planned facility  includes a feedstock reception hall, a laboratory, two primary digester tanks, one secondary digester tank, liquid digestate storage tanks, water storage tank, manure reception tanks and stores, the application states.

Outlining the reasons for granting permission An Bord Pleanala said it took into consideration the requirement for an Anaerobic Digester Plant to be subject to and regulated under an industrial emissions licence to be issued by the Environmental Protection Agency.

It said it also noted the pattern of existing and permitted development in the vicinity of the site, the location of the proposed development on lands on the outskirts of Tullamore and its close proximity to the source of agricultural feedstock material. It said it took account of the proximity of the site to the gas networks Ireland gas network for export of gas.

The Board Inspector proposed that subject to compliance with a number of conditions the development would comprise an acceptable form of energy recovery from primarily agricultural waste. It would also not be prejudicial to public health and would not give rise to a risk of serious pollution or major accident risk.

Under the conditions laid out the developer will be required to submit an annual report on the operation of the facility to the local planning authority.