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24/10/2021

Supreme Court grants An Taisce leave to appeal Belview cheese plant decision

Supreme Court grants An Taisce leave to appeal Belview cheese plant decision

An Taisce has been granted leave to appeal directly to the Supreme Court in respect of the High Court judgement on the judicial review of the An Bord Pleanála decision granting planning approval for a cheese plant at Belview, Co. Kilkenny.

An Taisce sought leave to appeal as it believes the original judgment gives rise to points of law of general public importance about how the environmental impact of large projects should be assessed by planning authorities such as An Bord Pleanála.

In its determination made by Chief Justice, Frank Clarke and Justices O’Malley and Baker, the Supreme Court noted that “bringing further clarity as to the proper approach to evidence or argument in relation to relevant scientific matters in judicial review proceedings of this type is a matter of general public importance which arises in these proceedings”.

An Taisce welcomes the Supreme Court decision to accept this appeal which it believes will provide clarity on important points of law.

The matter will return to court in several weeks following the exchange of legal submissions at which point a hearing date will be assigned.

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