Kildare tillage farmer Pat Cleary is locked in a battle with his local authority that could have implications for all farmers.

It centres around a green waste facility in his farmyard in Larch Hill, Monasterevin, Co Kildare, which composts green waste into fertilizer – all of which is used on-farm. Cleary began the project in 2006, following the loss of his sugar beet enterprise. He has been served with an enforcement order revoking his licence to continue. The project originally received certification and planning exemption in 2006.

The enterprise was then licensed in 2008 and again in 2011.

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Cleary says the fertilizer has been of great value, enriching his land and proving an excellent end-use for organic waste. It has, however, been opposed by a small group of residents from the area. Repeated objections have been made to the facility. The first two were rejected by An Bord Pleanála, but the latest objection has gained traction.

Now comes the enforcement order, which displays a staggering lack of understanding by Kildare County Council. It wants Cleary to empty the farm of green waste by 10 January.

The notice was served on 12 December, so there is no opportunity to spread the fertilizer, as the entire period of the order is during the closed season.

The deadline is only two days before the end of the closed period, when composted waste could be legitimately spread on his land.

The council is insisting that all the material be removed to a landfill – where it will decompose and rot, but never be put back into productive farmland. Cleary says it will cost €250,000 to deliver it to a landfill.

A number of fundamental issues are in play. Firstly, the ability to engage in serial objections, throwing enough mud until some sticks, is a genuine problem where a legitimate enterprise is opposed by even one individual.

It only costs €80 to make an objection which can cost thousands to defend.

Cleary says his own plans and maps were photocopied and used in the latest objection – a breach of his copyright.

Secondly, the crux of the enforcement order relates to the revocation of his planning exemption from 2006, after eight years and two renewals of that planning.

There is, Cleary contends, a statute of limitations of seven years that should protect him.

Cleary says he will defend his interests vigorously. This could be an important case for all farmers.