Legal challenge against expansion of Aughinish plant in west Limerick 'will not be contested'
THE High Court has been told An Bord Pleanála will not be contesting a legal challenge against the decision to grant permission for the expansion of Aughinish Alumina's operations in west Limerick.
Last September, An Bord Pleanála approved the company's proposal to expand the area where bauxite residue — a waste product from the alumina production process - is stored.
The Russian owners of the plant, close to Askeaton, have stated the expansion will allow it to continue operating up to 2039.
However, two separate High Court challenges against the decision to approve the proposed expansion were subsequently lodged.
Environmental Trust Ireland was granted permission to launch Judicial Review proceedings last November while Futureproof Clare was granted leave earlier this year.
At the High Court this Monday, Mr Justice David Holland, was told An Bord Pleanála was conceding one of the points put forward by Futureproof Clare in its challenge.
According to the organisation, this relates to the failure of An Bord Pleanála to take into account a submission from An Taisce which was submitted during the planning process.
Solicitor Eoin Brady of FP Logue, who represented Futureproof Clare commented. "This is a significant result for Futureproof Clare, who had considerable concerns with regard to the process by which An Bord Pleanála granted permission for what would in effect be an extension in the duration of the Aughinish Alumina facility, with an increase in the associated environmental emissions and waste created and deposited on the banks of the Shannon Estuary. It shows the important role that judicial review plays in ensuring that those with responsibility for carrying out environmental assessment of major industrial development such as that at Aughinish do so in a legally compliant way.”
The legal proceedings have been adjourned to later this month when the High Court is expected to make a formal order quashing the decision to grant planning permission.
It is not yet clear if the matter will be referred back to An Bord Pleanála for reconsideration.