
An Taisce has been granted leave to appeal directly to the Supreme Court in respect of a High Court judgement earlier this year
An Taisce has been granted leave to appeal directly to the Supreme Court in respect of the High Court judgement on the judicial review of the An Bord Pleanála decision granting planning approval for a cheese plant at Belview, Co. Kilkenny.
In a statement The National Trust for Ireland confirmed the development and outlined its reasoning for seeking leave to appeal on the case last month.
A spokesperson said: “An Taisce believes the original judgment gives rise to points of law of general public importance about how the environmental impact of large projects should be assessed by planning authorities such as An Bord Pleanála.
“In its determination made by Chief Justice, Frank Clarke and Justices O’Malley and Baker, the Supreme Court noted that ‘bringing further clarity as to the proper approach to evidence or argument in relation to relevant scientific matters in judicial review proceedings of this type is a matter of general public importance which arises in these proceedings’.
“An Taisce welcomes the Supreme Court decision to accept this appeal which it believes will provide clarity on important points of law,” the statement concludes.
It is understood that the matter will return to court in several weeks following the exchange of legal submissions at which point a hearing date will be assigned.
Glanbia Ireland chief executive Jim Bergin recently said it is committed to bringing this project to fruition in conjunction with its partners, Royal A-ware.
"This project, which is line with Government policy, is critical to our market diversification post Brexit, will support rural Ireland’s post-Covid recovery and is of huge importance to the 4,500 farm families supplying milk to Glanbia Ireland.”
Glanbia Ireland Chairman John Murphy said: “The combined impact of An Taisce’s four consecutive challenges to this project has been a two-year delay, and this latest proposed appeal could delay the project even further. This would be bad for farmers, bad for rural communities and could hurt Ireland’s reputation internationally as a location for much-needed Foreign Direct Investment (FDI).”
In light of the ongoing challenge to the development of the €140m plant, Glanbia announced a raft of measures in March aimed at curtailing the annual growth in milk supplies to the co-op during the peak months of April, May and June to between 2.5pc and 5pc. These measures are due to be in force for 2022, 2023 and 2024.
The company highlighted its existing facilities and cooperation with other processors can facilitate some milk volume growth at peak, but not at the level that matches its farmers’ production plans from next year.