It explained it planned to launch the appeal before the notice, which was originally issued last week by Cheshire West and Chester council (see letsrecycle.com story), takes effect on May 29.
The enforcement notice was issued in compliance with a March 2009 High Court ruling that followed a lengthy legal battle involving the council and Quinn's rival Ardagh Glass over whether the Elton facility had been built without adequate planning permission (see letsrecycle.com story).
Served
Cheshire West and Chester council yesterday confirmed that it had served the notice at Quinn's Fermanagh headquarters and the Elton site, requiring the company to “cease production at its Chester factory within nine months”.
“Complying with the order of the High Court, enforcement action relates to the construction of a glass container, manufacturing, filling and distribution facility, without planning permission,” it said.
And, it added: “It also requires demolition within eighteen months of unauthorised buildings on the Chester site – the former Ince B Power Station – and restoration of the site to its original condition within 24 months.
Built in 2005, the Elton glass-works has the capacity to process hundreds of thousands of tonnes of recycled glass a year, and Quinn has a multi-million pound contract in place with Nottingham-based glass recycler Recresco to supply it with recycled cullet (see letsrecycle.com story).
Next steps
Speaking to letsrecycle.com this morning (April 28), a spokesman for Quinn Glass outlined the potential next steps for the appeal.
“The appeal has to go to Cheshire West and Chester first,” he said. “They examine the appeal in conjunction with the planning application, it then goes to their planning committee.”
He added that, if the planning committee gave the go-ahead to the retrospective planning application, it would then be expected to move to the secretary of state for communities and local government, Hazel Blears, who would make the final decision on the application.
However, the council has said it is waiting for “further necessary information” from Quinn before deciding whether the matter will go to committee.
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