Ardagh Glass appeal refused by Supreme Court

A five-year dispute over the legality of Quinn Glass“ plant in the north of England has been finally settled, after the Supreme Court threw out an appeal against the “unlawful“ granting of retrospe…

A five-year dispute over the legality of Quinn Glass“ plant in the north of England has been finally settled, after the Supreme Court threw out an appeal against the “unlawful“ granting of retrospective planning permission for the site. The Supreme Court ordered that permission for Ardagh Glass to appeal against the decision be refused on the grounds that: The application does not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time, bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal. Ardagh Glass lodged the appeal after the Court of Appeal refused the company“s claim that Cheshire West and Chester Council“s decision to grant the Quinn Glass plant retrospective planning permission was unlawful. After obtaining planning permission for the Elton plant in late 2003, Quinn Glass then extended,the development, and obtained additional planning permission from the local authority “as built“ in 2004. Construction continued “at risk“ despite permission for the site“s development being quashed on “procedural grounds“ following a challenge by Ardagh Glass, and there have been ongoing legal challenges regarding the development brought by Ardagh Glass ever since. Retrospective planning was finally granted in November 2009 by Cheshire West and Chester City Council after a fresh application and EIA was submitted. Quinn Glass chief executive Adrian Curry said: Common sense has prevailed and having considered Ardagh“s Appeal, the Supreme Court has now put an end to this challenge. We are delighted with the decision and the security it gives for the 721 people employed at the plant. Ardagh glass declined to comment.