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Supreme Court throws out Ardagh Glass appeal

A five year dispute over the legality of the Quinn Glass plant has been settled, after an appeal against the ‘unlawful’ granting of retrospective planning permission for the site was thrown out by the Supreme Court.

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 threw out the company’s claim that Cheshire West and Chester Council’s decision to grant the Quinn Glass plant retrospective planning permission – a decision which was approved by the former Communities Secretary John Denham and Cheshire West and Chester Council – was unlawful.

The original planning application and Environmental Impact Assessment for the Elton plant was submitted to Chester City Council in 2000, with planning permission granted in late 2003. The site’s development was then extended, with additional planning permission granted by the local authority ‘as built’ in 2004. Despite permission for the site’s development being quashed on ‘procedural grounds’ following a challenge by Ardagh Glass, construction continued ‘at risk’ and the development has remained the subject of ongoing legal challenges brought by Ardagh Glass ever since. Cheshire West and Chester City Council finally granted retrospective planning in November 2009 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.

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