RE: The Planner16 Feb 2022 12:37
TheEast ref 12.20 post thanks for this. My take on the reasons for the JR.
The failure to properly assess the need for the scheme and take into account the energy use of the project.
I do not believe that this is a relevant considerations. I am not aware of any requirement for there to be a need for a scheme once it has met the statutory requirements. So unlikely to get anywhere.
The decision is based on inadequate environmental information, such as carrying out bird surveys at the wrong time of year.
This would/should have been picked up when the report to the Minister was being done. It is more likely that they would have preferred the study to have been done at a different time of the year. The question is can doing the survey when they did be objectively justified. If it can then the court cannot substitute its own view of the matter.
The application of less stringent EIA (Environmental Impact Assessment) regulations: Daera could have assessed the project under 2017 Environmental Impact Assessment regulations, but chose instead to apply less stringent regulations from 2011.
See the link to the Supreme Court Decision I posted yesterday. In would also observe that the applicable regulations would be those in force at the time of the application not decision. The reports would have been done in accordance with the regulations at the time.
No decommissioning plan has been assessed: the decommissioning of the caverns gives rise to a huge financial and environmental liability.
I have seen a comment that there may be a change in the law to put the liability on the public purse if HARL for any reason unable to pay for the decommissioning. As the license is for 25 years initially then will expire on 25 years notice the possibility of a change of law negating the need for a bond is a reasonable basis for not requiring one. Also I am not sure that this is a relevant consideration.
As I have said before I am not concerned by these grounds.