Quinn Glass defends bottle factory in Cheshire

The multi-million pound factory, which employs hundreds off staff locally, was constructed on the site of a former power station near Chester by Quinn Glass Ltd in 2005 – but even now does not have planning permission, London's High Court has heard.

Consent had previously been obtained for a smaller plant on the site at Elton and Quinn is now hoping that retrospective planning permission will be granted for the larger factory.

However, trade rivals, Ardagh Glass Ltd, are battling at London's High Court to have the plant torn down, despite planners from Chester City Council and Ellesmere Port and Neston Borough Council having backed it for the much-needed boost it brought to the local economy.

Neil King QC, for Quinn, today told Judge David Mole QC that the benefits of the plant go beyond the boundaries of its locale, standing out as a success story in a period of economic gloom.

“The factory is good for the UK economy as a whole. It is the cleanest glass production factory in the UK in terms of air emissions,” he told the court, in response to Ardagh's plea that construction went ahead without an Environmental Impact Assessment (EIA), as required by EU law.

“Ian Pearson MP, the Economic Secretary to the Treasury, is supportive of the development,” Mr King added, urging the judge to find that levelling the factory would be a “disproportionate” step.

Mr Robert McCracken QC, for Ardagh, argues that the two councils simply have no power to grant retrospective planning permission for the factory because no EIA was carried out at the outset.

He is trying to persuade Judge David Mole QC that planners are now legally obliged to stop the factory from operating and issue an enforcement notice requiring its demolition.

The court has heard that, when a four-year time limit expires later this year, the Quinn plant will effectively become a fait accompli and “immune” to enforcement action by the councils.

The issue is still being weighed up by council planners, who say they have until November to take action – but Ardagh argues the time limit could expire as early as April.

Impact

Mr King told the court today that the impact of demolishing the plant would be negative in the extreme for the local economy and cause unnecessary suffering to the workforce.

Speaking of the impact on Quinn of the uncertainty hanging over the plant, the QC added: “Several major customers have contacted us saying they had been made aware of these proceeding and that they had been told that the likely outcome was that the plant would have to shut down.”

Mr King added that information to the same effect had been printed in several newspapers who had been obliged to publish corrections.

“Members of our workforce, having heard that the plant was to close immediately, had been starting to ask whether they should bother coming in to work,” he added.

“We are very concerned indeed that the issuing of such an enforcement notice might further undermine customer confidence with serious consequences for business and jobs at the plant,” the barrister added.

The court has heard that, if an enforcement notice is issued against the factory, Quinn would have the right to appeal against it to the Secretary of State for Communities and Local Government, Hazel Blears.

Ardagh's judicial review challenge is being staunchly resisted by both councils – with the backing of Quinn Glass.

The case is due to conclude tomorrow (Tuesday) but, given the complexity and importance of the issues raised, the judge is expected to reserve his decision until a later date.