Enforcement proceedings followed the High Court decision in a case brought by rival Ardagh Glass against the local authority and Quinn’s awaited appeal comes a day before the enforcement proceedings are due to come into effect on 29 May.
The notice requires the firm to stop production within nine months, demolish unauthorised buildings within 18 months and restore the site to its original condition within 24 months.
In a statement Quinn said the main ground for appeal was that the council should be allowed to determine the current application, made in January 2008, and hoped a decision would be reached within the next two months.
Quinn Glass director Peter Fitzgerald said: “This [appeal] is just the next step in our fight to win the long-term security of our site in Elton.”
He underlined the plant’s “important role within the community and the region”. It is the biggest bottling plant in Europe, employs more than 700 people and contributes £4m in taxes to the local economy.
The appeal was lodged this morning with the planning inspectorate within the Department for Communities and Local Government, which needs to find exceptional circumstances for the plant’s construction to grant retrospective planning permission.
Ardagh had previously said that loss of commercial and financial benefit to the owner of the plant or the local authority did not constitute exceptional circumstances.
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