The Supreme Court has dismissed An Taisce’s appeal against planning permission for a cheese factory at Slieverue, Co. Kilkenny, upholding the High Court decision that rejected its challenge to An Bord Pleanála’s grant of permission.
The appeal centred on whether the environmental assessments for the proposed factory had to include effects arising from milk production on farms supplying it. The factory was expected to require 450 million litres of milk annually, about 4.5% of projected national supply in 2025. An Taisce argued that the demand could lead to increased production, a larger national herd and higher greenhouse gas emissions.
The Court accepted that the factory was likely to strengthen overall demand for milk. It noted that Glanbia planned to redirect some milk already sold to other processors, potentially leaving those processors to seek other supplies. But the Court said the resulting links to production and emissions on other farms were too contingent and speculative to qualify as significant indirect environmental effects of this project under the Environmental Impact Assessment Directive. The project requiring assessment was the construction and operation of the factory, not the supplying farms. The Court said exceptional cases could require assessment of closely connected off-site activity, but found this case did not meet that standard.
The Court also rejected An Taisce’s challenge under the Habitats Directive. It held that the Board was not required to assess the environmental effects of milk production across the roughly 4,500 Glanbia supplier farms as part of its assessment of the factory. The Court found no issue with the screening out of Atlantic salt meadows: the material before the Board addressed the habitat and gave a reason for concluding that it would not be affected by the discharge arrangements. The Board had also concluded, following an appropriate assessment, that the factory would not adversely affect the integrity of the relevant European sites.
On the Water Framework Directive, the Court said the status of the Lower River Suir, where treated effluent would be discharged through an Irish Water outfall, was “good” during the relevant period. It rejected the argument that the Board had to examine discharges from the supplying farms, since those farms were outside the factory project being assessed. The Court did not decide whether An Taisce had standing to raise these water-related issues, instead considering them on their merits.
The Court dismissed the appeal and declined to refer an EU-law question to the Court of Justice. It expressed a provisional view that each side should bear its own costs and said parties could contest that view within 14 days.