Kildare residents to take court action over battery power plant
A group of residents are planning to take court action after a decision approving the development of a battery storage plant near Naas, which the developers say will use renewable energy to generate electricity.
Dublin-based Strategic Power Projects is involved in projects designed to produce electricity without creating emissions which harm the climate.
However residents opposed to the plant expressed concerns about “about the potential dangers they pose” at a public meeting in Two Mile House.
Dublin-based Strategic Power Projects wants to develop a battery energy storage system plant (BESS) at nearby Dunnstown.
The project was turned down by Kildare county Council but this decision has now been reversed by An Bord Pleanála on appeal, with conditions.
Residents under the umbrella of the Two Mile House Says No Committee say the plant would be the biggest of its kind in Europe.
The meeting was attended by a number of TDs and councillors who represent the area and receive votes from residents, including Green Party senator Vincent P Martin.
They are now set to seek a judicial review of the decision.
A judicial review is a case taken in the High Court. It is a mechanism for that court to supervise lower courts and administrative bodies.
It is likely however that the residents will have to prove that ABP acted outside the planning laws in reaching its decision.
They have started to fundraise in advance of legal action and have opened a gofundme page.
A committee representative says that while everybody recognises the need to act to combat climate change “the rights of all involved must be considered, particularly with respect to potentially hazardous technologies.”
They claim that the site is unsuitable and there will be issues with construction traffic and access to and within the facility “presenting significant limitations to the fire service.”
They pointed out that KCC, in refusing permission, had concerns regarding fire safety with consequent impact on firefighting capabilities, lack of water, lack of access, inadequate spacing of containers and numerous deficiencies and inaccuracies associated with the plan. They also fear that there may be a risk of danger to the environment and that property values will be hit.
They also say Kildare’s chief fire officer expressed concern over “multiple issues with regard to fire which may be deemed prejudicial to public safety”
However they also acknowledge that alternative expert opinion suggested that the probability of “fires and explosions” is low - though “the hazards of toxic gas emission, fire and explosion are severe.”
The Harristown Common road, which is likely to be the main access road to the proposed development is hugely popular with runners, walkers and nature enthusiasts, they claim.
They say the area is close to a site of critical environmental and local amenity importance with 182 acres of wetland of national importance where seven species of red listed birds and four red listed butterfly species have been identified.
They claim that a fire at a similar plant in Australis meant residents had to stay indoors for three days.
They fear the consequences of daily heavy goods vehicle movements “on the 4 metre narrow rural road that accesses the site.”
Some expressed fears that the GAA club and schools must now consider the plant as part of child welfare risk assessments.