An Taisce has lost its legal action against An Bord Pleanála and the State to overturn permission for a continental cheese manufacturing plant in Co Kilkenny.
The High Court this morning upheld the decision to grant seven-year planning permission to Glanbia last June for a €140 million facility in Belview near the Port of Waterford.
The project is a joint venture between the large Dutch dairy processor Royal A-ware, and Glanbia, which is to supply the milk.
A challenge was taken by An Taisce last November on several grounds including that the environmental impact of the agricultural activity arising from the production of the estimated 450 million litres of milk per year needed to supply the plant should have been assessed by An Bord Pleanála, particularly the impact from the resulting ammonia and greenhouse gas emissions and what An Taisce say is the likely deterioration in water quality.
Dr. Elaine McGoff, Natural Environment Officer with An Taisce, said:
“In this case, the judge did not find in our favour, but this does not alter the validity of our concerns. As consistently confirmed by the EPA, all our environmental indicators are going in the wrong direction, with a drastic loss of water quality and biodiversity, and rising greenhouse gas and ammonia emissions. Our case was that these impacts simply must be taken into account for any large dairy processing facility of the huge scale proposed. Sooner or later Ireland is going to have to face up to its legal obligations and take the necessary action. Failure to do so will result in large costs to the State.”
An Taisce is now considering the judgment to determine if there are grounds that warrant an application for leave to appeal to the Court of Appeal or for an application to the Supreme Court.
That's something ICMSA President, Pat McCormack, said he hopes doesn't happen. He urged all parties to the matter to now accept that the facility will go ahead in compliance with all regulatory requirements.
“ICMSA respects any party’s right to object, but we hope that the High Court decision will be accepted. The more immediate aspect of this whole question now becomes Glanbia’s Peak Production Supply Management Programme with its restrictions on farmer supplies. That very questionable policy was introduced on foot of the non-progression of the Belview plant. Now that we can assume that the plant will proceed, we await Glanbia’s announcement on relaxations to the proposed restrictions”, said Mr McCormack.
The IFA has welcomed the judgment of the High Court saying it was "a significant development".
IFA Dairy Chairman Stephen Arthur said farmers are acutely aware of their responsibility towards the environment, but they need sustainable incomes in order to contribute to climate action.
“We are willing to engage with anybody who wants to put forward their views on the sustainable development of our sector. I would invite An Taisce to meet with IFA to discuss this project and its value to the rural economy,” he said.
Fine Gael TD, John Paul Phelan, lives within 10 minutes of the Glanbia site at Belview and said the decision was "a huge relief to the entire south east regional economy and the dairy industry as a whole".
He was one of a number of Fine Gael TDs who had appealed to An Taisce to withdraw their objection to the much-needed, €140 million continental cheese processing facility.
“Glanbia paid out over €1 billion to dairy farmers across the country last year, so much of which was ploughed back into the local and regional economy. Farm families are key supporters of their local shops, local businesses and the wider rural economy and Glanbia’s impact cannot be underestimated. It is a major employer in the region through its offices, its processing plants, agri branches, garden centres and more.
“Much needed construction employment will be created as part of this development and the new plant will take milk from dairy farmers across this region for years to come. I am hopeful that this decision will also help Glanbia reverse its recent move to temporarily limit peak capacity intake for a shorter term than planned. Milk cheques are a massive driver of our local economy across the south east and even wider.
“Glanbia has shown itself to be an exceptional and responsible employer and a major contributor to sporting and cultural life and community events throughout Ireland. The company, while a major international brand, is still very true to its Cooperative roots and ethos.
“I am hopeful that this is the end of the matter; that there will not be an appeal and that this critical project can progress without further delays. Any further delay would mean farmers would be forced to produce less milk well into the future and potentially that Glanbia and its international project partner would have to go back to the drawing board. The economic impact and potential international reputational damage would be very damaging, catastrophic in fact.”
