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Court of Appeal throws out Ardagh Claim
On 3rd February the Court of Appeal threw out a claim by Ardagh Glass that Cheshire West and Chester Council had no power to grant retrospective planning permission for the Quinn Glass plant at Elton. Robert McCracken QC on behalf of Ardagh argued that European law prevented a grant of retrospective planning permission for any development which required an environmental impact assessment. He argued that where development had been carried out without compliance with the European EIA Directive the only course was to knock down the development and start again.
Lord Justice Sullivan, giving judgment, said that this argument was an affront to common sense. It would be very surprising if non-compliance with the EIA Directive could not be regularised in appropriate circumstances.
Agreeing with this judgment, the Presiding Judge, Lord Justice Jacob, said that the suggestion that it would always be necessary to undo a development whatever anyone thought of it was so absurd that it could not be European Community law.
The Court found that the legal position was so clear that it was not necessary to hear from either the Council or Quinn Glass. There was no justification for referring the point to the European Court of Justice. The Court also refused Ardagh leave to appeal to the Supreme Court.
04 Feb 2010
