Ardagh fail in bid to get Stop Notice against QUINN glass Cheshire plant


His Honour Judge Mole QC has given judgment today in the challenge brought by Ardagh Glass (formally Rockware Glass) against Chester City Council and Ellesmere Port and Neston Borough Council (who last week became part of the newly formed Cheshire West and Chester Council).

Since Chester City Council initially issued planning permission in 2003 this process has been beset by numerous legal challenges from Ardagh in order to delay the local planning authorities. In mid-February this year Chester City Council were poised to formally consider QUINN-glass's current planning application which was submitted in January 2008. However, they had little option but to defer consideration as a result of this latest court challenge by Ardagh in an effort to stop the QUINN-glass plant.

The Judge dismissed Ardagh's argument that under EC law planning permission cannot be granted retrospectively and did not support their demands for an immediate stop notice. The Judge ordered that for a large multi-faceted development such as Quinn Glass, the local planning authorities should serve an enforcement notice in order to ensure that the local authority's regulatory powers continue to be available. This follows the precautionary principle under European law.

Obviously this is a huge disappointment for Ardagh who have sought leave to appeal the judgement, presumably in a further attempt to frustrate the planning process. As all three parties have been granted leave to appeal the Court Of Appeal will reconsider all points.

QUINN-glass believes this judgment now clears the way for a determination of its current planning application and looks forward to having this matter finally resolved.

QUINN-glass has made an application to the court for costs.

08 Apr 2009

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