Planning board not to contest Offaly meat plant case
An Bord Pleanála has confirmed it is not contesting a High Court challenge against its decision to grant planning approval for a major beef processing plant in Banagher.
The planning board in June 2022 had given the go-ahead to Banagher Chilling Ltd for the project, at Boheradurrow and Meenwaun, Banagher, subject to 15 conditions.
It followed an almost 22-month assessment of an appeal by Desmond Kampff and Gwen Wordingham, with addresses in Banagher, against Offaly County Council's grant of planning permission.
Banagher Chilling Ltd had previously been granted planning permission by the local authority in July 2020 for what was described as a €25m project which involves “a single-storey extension to the existing abattoir” and the construction of a food processing factory of 4,925 square metres, on a 19.6 hectare site near Banagher.
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After the planning board had rejected an appeal from Kampff and Wordingham, they subsequently lodged a legal challenge in the High Court seeking leave for a judicial review of An Bord Pleanála’s decision.
The applicants had expressed concern at the potential environmental impacts from the proposed meat processing facility, including on nearby waters.
When the case came before the High Court last week, the planning board said it would not be contesting the action as it had since learned of the 'moderate' status of the Rapemills river.
An Bord Pleanála, in a statement to the Offaly Independent, said it could not indicate what steps would now be taken as it said “this is a matter for the High Court to decide under the Judicial Review process”.
The matter was adjourned to allow the applicants, Banagher Chilling Ltd, to respond to the board's decision.
One of the appellants, Desmond Kampff said: “Banagher Chilling have three weeks to respond but it remains a win for protecting our precious waters.”
He said the planning board and Offaly County Council failed to check with the Environmental Protection Agency (EPA) on the status of the Rapemills River, of which the Feeghroe stream is part.
The moderate status of the river “was available as a base for measuring the effect of pollution but both planning authorities failed to to use this in the process of determining to grant planning permission”, he said.
“This case has shown up a real lack of appreciation at planning level of the preciousness of the natural resource water. The outcome should give support to communities in accepting only the highest status in the way all the waters in their area are treated. The European Water Directive must now come more into play to direct the clean up of our polluted rivers."
“Over the past five years there was considerable pressure through the media by a number of our representatives to have this development passed quickly through planning. With the result achieved, they should reflect that our people value the quality and safety of our living environment above all else.”