Quinn glass factory overcomes latest planning hurdle

However, the facility could face a further hurdle, as rival Ardagh revealed that it may now pursue further legal action against the plant.

A spokesman for the department for communities and local government confirmed that secretary of state John Denham had decided not to call in Cheshire West and Chester council's decision to grant planning permission for the facility (see letsrecycle.com story).

If Mr Denham had called in the decision, the plant, which uses recycled glass cullet in the manufacture and filling of up to 320,000 tonnes of glass a year, would have faced a public inquiry.

The plant has proved contentious since it opened, with rival Ardagh Glass claiming Quinn did not have proper planning permission for the facility when it was built in 2005, a claim that was upheld in the High Court in April 2009 (see letsrecycle.com story).

That decision prompted the issuing of an enforcement notice by Cheshire West and Cheshire council requiring Quinn to remove unauthorised buildings from the site (see letsrecycle.com story).

And, while, with today's decision, Quinn now appears to have cleared the final planning hurdle for the facility, the news prompted Ardagh to suggest that it could seek “further litigation” against the facility –  in addition to its current appeal against the decision to allow the council to grant retrospective planning permission for the facility, which is due to be heard in February 2010.

Ardagh finance director Keith Swindell said: “Ardagh Glass believes that the decision by the Secretary of State not to intervene in the planning application is unfortunate as there are serious flaws in the local authority's decision-making which might have been resolved by a further planning inquiry.”

A spokeswoman for Quinn Glass acknowledged that Ardagh could carry on pursuing the matter, but claimed that Quinn would be in a “stronger position” following Mr Denham's decision to rubberstamp the permission.

Welcome

Mr Denham's decision not to call in the retrospective planning approval was welcomed by Quinn Glass director Adrian Curry, who said: “We are delighted that common sense has prevailed in the end and that the Secretary of State has resolved to bring this planning issue to a final conclusion.”

Thanking the efforts of local MPs, development bodies and the plant's workforce and customers, Mr Curry called on Ardagh to invest further in its own facilities, claiming it would benefit the market.

“We hope that Ardagh Glass, who has vociferously challenged the existence of the Elton plant for the past five years, will now follow our initiative by investing in new, efficient technology, with improved environmental standards, which will allow proper competition in the market,” he said.