The five-year Wexford planning saga which has been in the High Court twice and inspected by An Coimisúin Pleanála three times

By Simon Bourke, Wexford People

The businessman at the centre of a five-year planning appeal which has gone through the High Court twice, been refused by An Coimisiún Pleanála (ACP) on three occasions has said he intends to keep fighting his case despite the latest in a long series of setbacks.

In October 2021, Mr Tamer Eissawy applied for planning permission for a metal recycling facility in Kilrane Business Park, Co Wexford with “a truck unloading and storage building” and a waste facility permit. Wexford County Council (WCC) subsequently granted permission to Tamer Recycling Ltd with conditions regarding noise levels at the facility outside of operating hours.

However, although WCC granted planning permission to Tamer Recyling Ltd in October 2021, it had already issued a planning enforcement notice to the business on September 3 of the same year.

That notice stated that the “development consists of the unauthorised use of two warehouses for processing and recyoling of waste metal in contravention of Section 32(2) of the Planning & Development Act 2000”. Advising Tamer to “cease the unauthorised use of two warehouses for processing and recycling of waste material and the storage of waste material” within two weeks, WCC said if the notice was not adhered to “it may enter on the land and take such steps, including the removal, demolition or alteration of any structure”.

According to WCC, the issuing of a planning enforcement notice does not prohibit a business from applying for planning permission.

On December 10 of 2021, residents in Cúl na Gréine, the estate opposite the Kilrane Business Park, lodged a formal appeal to ACP against Tamer Recyling Ltd. Their complaints centred on what they described as “the intensification of waste facilities” and “levels of noise, odour and dust particles” at the business park.

There were also grave concerns about the increase of traffic, particularly heavy goods vehicles (HGV), on a regional road which leads onto the local primary school.

“The road in question between Kilrane and St Helen’s is already heavily saturated with HGV traffic which is running past the local primary school and very close to residential properties,” read one submission. “There is already an operational and sizable waste handling facility at Holmestown (near Wexford town) which would be a much more suitable location given that it is located just off a major road route.”

A newly-formed residents assocation, claimed that the Tamer recycling facility continued to operate, 50 metres from their homes, despite being the subject of a planning enforcement notice.

“The current use of the proposed site by the planning applicant constitutes unauthorised development by virtue of this use not being regulated by a valid planning permission,” said the Cúl na Gréine Residents Association in its submission. “The requirements of an enforcement notice for the occupier to cease operation at the site have not been followed and on the date of (this submission) waste recycling operations were underway (at the site).

“This failure to comply with the requirements of a statutorily prescribed enforcement order is a criminal act and the relevant injunction proceedings should therefore be pursued by Wexford County Council.”

In October 2023, ACP overturned WCC’s decision to grant planning permission for Tamer Recycling Ltd stating that the proposed development would “be contrary to the requirements” of the Wexford County Development Plan as it was positioned too close to residentail areas. In addition, the ACP said the site in question was zoned for “light industry” and waste management facilities were “specifically not permitted” at this location.

However, in response to that ruling, Mr Eissawy brought the case to the High Court and, April 22, 2024, ACP’s decision was quashed. As a result, the case was once more referred to ACP for further decision and in August 2024 it returmed with a ruling which mirrored, almost word for word, its ruling in October 2023.

Remarkably, Mr Eissawy once more appealed this ruling and returned to the High Court where, on July 14, 2025, Mr Justice Richard Humphreys chose to quash ACP’s ruling for a second time and ordered for the “remittal of the matter to the board to be reconsidered”.

Given that four years had passed since the original planning application, ACP sought fresh submissions from both Mr Eissawy and the residents assocation before making its ruling on what was its third inspection of the site. In his submission, Mr Eissawy referenced the lengthy processes involved to date, stating: “High Court proceedings were initiated twice, with the previous decision (quashed) in each case. In such exceptional circumstances the planning authority’s (WCC) decision should be confirmed by the Commission (ACP).”

He also responded to the submissions made regarding noise pollution, traffic congestion, and the planning enforcement case against his business.

“The issuing of an enforcement notice does not preclude someone applying for planning permission and does not mean that the operation is unsuitable for its location,” he said. “The issues raised within the appellants’ submission are either factually incorrect, misconceived, unsupported by evidence or not material planning considerations.

“The development is located within an established business park that has accommodated industrial and recycling-related uses for decades and which predates the development of nearby residential estates. No objective evidence has been provided to demonstrate adverse impacts on safety, traffic, tourism, the environment, or residential amenity. Wexford County Council issued a notification of decision to grant permission for the development.”

ACP issued its decision on April 28 of this year and refused planning permission for Tamer Recycling Ltd for a third time. Again, it said the proposed development would “materially contravene” zoning objectives as per the Wexford County Development and went against the “proper planning and sustainable development of the area”.

Speaking after this latest ruling, Mr Eissawy said he would not be backing down and had no option but to continue to fight his case in the courts.

“I don’t have any other choice,” he said. “I bought the site, I owe the bank money. If I was just renting I would already be gone. This case is costing me big money, it’s nearly €20,000 every time to go to the High Court.”

Referencing some other companies operating out of Kilrane Business Park, he said they are “causing the issues with traffic” and that just “one truck every ten days” visits his premises.

“I can’t accept this. I don’t create any traffic or any smell. I recycle metal for exporting, I have aluminium; I bale it and send it abroad.”

When asked why the residents of Cúl na Gréine were so determined to see his business removed from the area, Mr Eissawy said he suspected that for some of them it was because of his nationality.

“Someone asked me ‘what’s your real work, what do you really do?’ This is my real work. Others have said, ‘you’re a foreigner, you shouldn’t buy this site’. This is affecting my health, it’s affecting my family, I was diagnosed with high blood pressure a couple of years ago because of the stress involved in this. It’s affecting my family, when something appears in the paper about my business my children hear about it from the other kids in school.

“Why is this happening to me? I didn’t do anything bad, I swear, it’s causing issues with my health, where else can I go? I have a wife and four children and at the end of the day I have to feed them”.

But the Kilrane Concerned Residents’ Group rejected any suggestion that their campaign against Tamer Recycling Ltd was based on anything other than planning, environmental and community safety issues.

“We reject any suggestion that our concerns are based on nationality or personal issues relating to any applicant or operator,” said a spokesperson for the group. “The issues raised throughout this process have consistently related to planning policy, zoning, environmental management, traffic safety and the proper planning and sustainable development of Kilrane.”

Returning to the concerns raised in the initial submissions back in 2021, the group said the increase in HGVs on the road leading in and out of the 55-house estate remained their core focus.

“These pressures have intensified significantly in recent years, particularly following Brexit and the substantial increase in HGV and industrial activity associated with Rosslare Europort and surrounding commercial operations,” they said. “These issues have also been the subject of considerable public discussion and media attention locally since Brexit.

“Residents’ concerns therefore relate to the cumulative impact of industrial and transport-related activity on what is also a growing residential and tourism area, particularly in proximity to Kilrane National School and local residential estates.”

While the residents in Kilrane and Cúl na Gréine have been locked in an ongoing dispute with Tamer Recyling for almost five years, this is not the only company operating out of the business park which they have raised concerns about. In one instance, their appeal regarding a “transport-related planning matter” was upheld by ACP, in another case concerning a “separate waste operator” residents did not agree with the outcome but “accepted the decision”.

With regards to Tamer Recyling, the spokesperson said they have made “numerous representations” over a number of years “concerning planning and environmental matters”.

“These concerns relate to matters such as screening, storage, landscaping, traffic movements, and environmental management. Residents have consistently sought improved landscaping, screening and boundary treatments within the business park in order to better protect neighbouring residential amenity and the tourism assets accessed via this important local road network.”

Concluding, the spokesperson said that the residents “wish Mr Eissawy and his family well for the future and acknowledge the important role that recycling businesses can play within the circular economy when operating in appropriate locations and in accordance with the relevant planning and environmental frameworks”.