Glanbia can proceed with its joint venture cheese plant at Belview, following the Supreme Court’s decision to uphold planning for the €140m plant.

An Taisce had opposed the plant’s construction on the grounds that the milk production base required for the plant would have negative environmental consequences that should have been considered by Kilkenny County Council when granting planning for the site in Belview in November 2019.

An Taisce appealed the decision to An Bord Pleanála, who dismissed the appeal. An Taisce then sought a judicial review of An Bord Pleanála’s decision. That took place last March, with Justice Humphreys’s decision in favour of An Bord Pleanála.

Justice Humphreys did grant An Tasice leave to appeal the decision to the Supreme Court. That process has been ongoing since September 2021.

Reaction

IFA

IFA president Tim Cullinan said the decision of the Supreme Court to give the green light to the Glanbia cheese plant should be respected by everybody.

The project has come under scrutiny five times by Kilkenny County Council, An Bord Pleanála, the High Court, the Court of Appeal and now the Supreme Court. On each occasion, the process has found in favour of developing the plant.

“Every appeal avenue has now been exhausted. It’s clear that our planning system needs significant reform to avoid it being used by some to delay necessary developments,” he said.

ICMSA

ICSMA president Pat McCormack said that the planning and proposals had now been minutely examined by numerous agencies on every possible grounds and no reason had been found to halt it.

It was time, he said, to draw a line under what had been a very long and tortuous process and begin moving the development forward.

McCormack said that the decision was a vote of confidence in favour of the long-term sustainability of Irish dairying and the our ability to utilise our unique grass-based dairy sector to produce milk in a way that way that is economically viable and environmentally compatible.

An Taisce

An Taisce notes and respects today’s decision of the Supreme Court to refuse An Taisce’s appeal against the decision to uphold the grant of planning permission for the Kilkenny cheese plant. In a statement it said: “We appreciate the attention the Supreme Court gave to what was clearly recognised as an issue at the heart of environmental law.

“Although An Taisce has lost its appeal and its challenge to the grant of planning permission in respect of the factory has been dismissed, it has nevertheless raised important and practical issues regarding the development consent process.

An Taisce very much supports a just transition to a sustainable system of food production that guarantees a viable agriculture sector

“An Taisce made the appeal in the belief that the tests and structures in place were insufficient. Our overriding reaction is of continuing concern.

“Regrettably, the issues raised by this case have not gone away.

“We fully acknowledge the difficulties this important case presented for the developers, their investors and, in particular, their suppliers.

We continue to study the full judgement and may provide a more detailed response in due course

“An Taisce very much supports a just transition to a sustainable system of food production that guarantees a viable agriculture sector in the context of our adaptation to climate change.

“We value the opportunity to engage in the planning process, and will continue in our vital role as an environmental watchdog.

“We continue to study the full judgement and may provide a more detailed response in due course.”

Comment

It is hoped that this concludes a saga that began back in 2018. An Taisce has now exhausted all its legal options at this point. The case is not being referenced to the European Supreme Court. The plant is a joint venture with Dutch soft cheese producer Royal A-ware.

Both parties have consistently expressed their intention to proceed with the project. Now they can.