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An Taisce has taken legal action against An Bord Pleanála and the State with the aim of revoking planning permission for a continental cheese making plant in Co Kilkenny.
The grounds for the challenge include assertions that the environmental effects of the milk inputs for the cheese factory were not properly taken into account for the purposes of the Environmental Impact Assessment (EIA) and the Habitats Directives.
An EIA report presented by developer Kilkenny Cheese Ltd noted that the dairy herd is expected to grow from 1.4 million to 1.7 million cows by 2025 and that each cow is projected to produce more milk in that time. , giving a projected increase of approximately 1.6 billion liters of milk by 2025, says An Taisce, the National Trust for Ireland.
The report also noted that of the 450 million liters of milk needed each year for the proposed plant starting in 2022, about 20 percent is already in circulation and will total about 4.5 percent of the reserve of milk projected to be available in Ireland in 2025.
It is stated that the environmental effects of the milk production necessary for the operation of the plant are a “direct or indirect” effect of the plant under the terms of the EIA Directive and also require an assessment for the purposes of the Habitats Directive.
The waste effluent generated by the plant, says An Taisce, was not adequately assessed for the purposes of those two directives and the Water Framework Directive.
Other claims include that the ammonia generated by milk production is incompatible with the “National Emission Reduction Commitment” established by the EU.
Ireland, it is claimed, has a legally binding obligation under EU law to limit annual ammonia emissions to set figures for the years up to 2030 and beyond. The cap as of December 2019 was 116 kilotonnes per year and Ireland’s annual emissions for 2018 were 119,339 kt, according to the group.
In Superior Court on Monday, Judge Garrett Simons granted an ex parte request (only one party represented) from An Taisce, represented by Neil Steen SC and John Kenny BL, instructed by FP Logue Solicitors, for authorization to initiate the judicial review procedure. .
The case aims to overturn a seven-year planning permit granted by the board last June for a continental cheese making plant and other works at the Belview Science and Technology Park, Gorteens, Slieverue, Co Kilkenny.
It is against the board, the Irish Minister for Communications, Climate Action and Environment and the Attorney General with the developer as part of the notice. The date of the hearing will be set at a later stage.
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