A Supreme Court decision to give the green light to a €140million cheese plant in Co. Kilkenny should be respected by everybody, the Irish Farmers Association has said.
The ruling against a challenge from environmental group An Taisce is the final chapter in a long-running legal saga, as the court has said it will not refer the issue to Europe.
Glanbia Ireland and Royal A-ware's continental cheese factory at Belview near the Kilkenny-Waterford border has now been scrutinised by five separate entities, from the local county council to the Supreme Court.
An Taisce was concerned that the plant would require increased milk production, from an expanded national herd, which would produce more methane and greenhouse gases.
However, Justice Hogan found the planning inspector and board were not, by law, required to assess the indirect environmental impacts of the proposed factory, which could also include matters such as transport of products by lorry.
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He said the regulations were designed to assess a particular project, and not 'be conscripted into the general fight against climate change by being made to do the work of other legislative measures.
An Taisce was also worried about the environmental impact of the discharge of pollutants from dairy farms on adjoining rivers.
Justice Hogan said these possible issues did not stem from the factory and so did not form part of the planning permission.
The Supreme Court also ruled that An Taisce should not be stuck with the costs of its unsuccessful challenge to the factory planning permission.
Justice Hogan said the challenge had raised “important and practical issues regarding the development consent process”.
The judge added: “In these circumstances, I consider that it would be appropriate that each side would abide its own costs. The Attorney General has, in any event, agreed to abide his own costs.
“The parties are, of course, free to dispute this provisional view. If, however, any party wishes to contend for a different costs order, they should inform the Supreme Court Office within 14 days.”
Tim Cullinan, president of the IFA, noted that since 2019 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, which will be supplied with milk from 4,500 farming families.
"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.
Mr Cullinan said the Glanbia project was designed to respond to the need for the dairy sector to diversify its products and seek new markets post-Brexit. The sector will move from supplying cheddar to the UK market, to different cheeses for continental buyers.
In a statement, An Taisce said it "notes and respects" the Supreme Court's refusal of its appeal against the decision to uphold the granting of planning permission for the plant.
"We value the opportunity to engage in the planning process and will continue in our vital role as an environmental watchdog," the group said.
Fine Gael's South East representatives deputies John Paul Phelan, Charlie Flanagan, Paul Kehoe, David Stanton and senators John Cummins and Garret Ahearn, welcomed the Supreme Court's decision.
They said in a statement that they hoped, "it is the end of the road for objections".
They added: "The long delay is regrettable and was wholly avoidable. It clearly demonstrates there is an element within An Taisce that are antibusiness and anti-rural."
Billy Kelleher, Fianna Fáil MEP for Ireland South, said: "Now that this final hurdle has been overcome, I would urge Glanbia to move on with their plans as quickly as possible."
