Quinn Glass planning permission hearing nears conclusion

Lawyers for Quinn Glass and Ardagh Glass appeared at the High Court yesterday (10 March) as the hearing over planning permission for Quinn's Chester-based bottle manufacturing and filling site continued.

Quinn Glass is an interested party in Ardagh's judicial review that is being contested by Chester City Council and Ellesmere Port and Neston council.

At the hearing, Neil King QC, for Quinn Glass, told the court that as the development of the site had not been substantially completed in April 2005, the four-year period in which under planning laws an enforcement notice could not be served would, therefore, not end next month.

He added that any possible enforcement action should take into consideration the implication of the move for the business, its customers and suppliers – those whose jobs and business depend directly on the plant".

King continued by telling Judge David Mole QC that the current planning application, made last year, was "ready for determination and would be if not for these proceedings".

"It's our submission that the planning authorities should be permitted to proceed to determine the application," he said.

Robert McCracken, for Ardagh Glass, argued that retrospective planning permission was not possible, as an environmental impact assessment had not been done before construction started as required by European regulations.

"It's our primary position that there is nothing disproportionate in requiring the undoing of that which has been done unlawfully in breach of European Community law," he said.

McCracken told the Judge it was extremely difficult to assess the site as if the building were not there.

McCracken was scheduled to conclude his remarks in the final session of the hearing, due to be completed this morning.

Judge Mole is, however, expected to reserve his decision for a later date due to the importance and complex nature of the case.

For the background to the case,