An Bord Pleanála’s concession in a High Court challenge to its approval of a €40 million meat factory in the midlands does not spell the end of the case, as the developer has now indicated it intends to step in and defend the planning permission.
The planning authority last month told the court it would not be contesting the legal case brought by two residents of Banagher, Co Offaly, near to the site of the proposed project, which would provide meat largely for export, particularly aimed at the Chinese market.
It told the court it learned, sometime after approving the plan, of the “moderate” status assigned to the nearby Rapemills River. It said it would consent to an order to reconsider Banagher Chilling Limited’s planning application, this time taking into account the status of the river.
On Monday, lawyers for Banagher Chilling said they want to make arguments before the court in relation to the challengers’ core ground.
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Barrister Andrew Robinson said the only remaining legal ground in the case, related to the Rapemills River, has been rendered moot by a report. He said the ground related to the river not being classified when in fact it had received a classification.
FP Logue solicitor Eoin Brady, representing challengers Desmond Kampff and Gwen Wordingham, told the court his clients have no issue with the developer seeking to defend the permission.
However, they would like to issue a motion asking the court to make the developer lodge a sum of money to the court as “security” for their legal costs in the event it loses its arguments. He said this was based on a “concern” arising from the development company’s published financial accounts.
Mr Robinson said the challengers, in seeking security for their costs, misunderstand his client’s assets.
Ms Justice Emily Farrell said each side can bring their applications. He adjourned the case for two weeks, saying it should be progressed as quickly as possible.
The developer has said the proposed facility would employ up to 110 people and have capacity to slaughter 35,000 animals per year.
Mr Kampff and Ms Wordingham say they brought their case due to “critical” concerns about the proposed processing plant’s impact on the environment. They point to the plan that the facility would discharge its domestic and wastewater into the nearby Feeghroe stream, which they say does not have capacity to accommodate this.
The pair allege the board did not sufficiently ensure the development would not cause a water body to deteriorate.
An Bord Pleanála’s inspector found the proposed development would “not be likely to have a significant negative environmental impact in terms of climate”.
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