Agri-food industry welcomes Supreme Court decision over cheese plant

The €140m Kilkenny Cheese joint venture was announced in January 2019 but was delayed for two years due to legal challenges

Artist's impression of Glanbia's Belview cheese plant

The Supreme Court decision to refuse an appeal aimed at overturning planning permission for the Glanbia’s Cheese plant in Kilkenny has been welcomed by the agri-food industry.

None of the questions raised in the appeal have been referred to the EU Court of Justice meaning no further appeal on the matter is now possible.

The €140m Kilkenny Cheese joint venture was announced in January 2019, with production at the facility at Belview planned to start this year. Kilkenny County Council granted the project planning permission in November 2019.

An Bord Pleanála refused an appeal and granted permission in June 2020. On April 20, 2021, the High Court upheld the planning approval granted by An Bord Pleanála. However, after an unsuccessful application for leave to appeal to the Court of Appeal in July 2021, An Taisce subsequently brought the matter to the Supreme Court.

As well as supporting the incomes of 4,500 farm families, the Enterprise Ireland-supported cheese production facility is expected to create 85 full-time jobs and support 400 construction jobs.

A spokesperson for An Taisce said the organisation made the appeal in the belief that the tests and structures in place were insufficient.

“Our overriding reaction is of continuing concern. Regrettably, the issues raised by this case have not gone away,” the spokesman said.

“Although An Taisce has lost its appeal and its challenge to the grant of planning permission in respect of the factory has been dismissed, it has nevertheless raised important and practical issues regarding the development consent process.”

Two year delay

Glanbia Ireland chief executive Jim Bergin welcomed the decision but said the delay had led to significant extra costs, including income foregone and construction cost inflation for the project.

“We are really pleased that we can now bring this project to fruition in conjunction with our partners, Royal A-ware,” he said.

“This project is in line with Government policy and is critical to our market diversification post-Brexit. Getting the plant into production as soon as possible is now of huge importance to our 4,500 farm families supplying their milk to Glanbia Ireland every day.

“This significant project was due to commence production in March of this year and the two-year delay is causing very negative impacts on our farm families. Our team is now focused on getting the plant into production for the 2024 season.”

Pat McCormack, president of the Irish Creamery Milk Suppliers Association, said it was time to draw a line under what had been a “very long and tortuous process”.

“The planning and proposals have now been minutely examined by numerous agencies on every possible grounds and no reason had been found to halt it,” he said.

Irish Farmers’ Association President Tim Cullinan said the Supreme Court decision to allow the plant’s construction should be respected.

“Every appeal avenue has now been exhausted. It’s clear that our planning system needs significant reform to avoid it being used by some to delay necessary developments,” he said.