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Quinn Glass has welcomed the Court of Appeal's decision yesterday to reject Ardagh Glass's claim over retrospective planning permission for its controversial glass bottling and manufacturing plant in Cheshire.

The government approved planning permission for the Elton facility in November, two months after Cheshire West and Chester Council had granted it.

Ardagh's claim follows last year's court case against the council over issuing retrospective planning permission for a development that required an environmental impact assessment, which it said was not possible under European law.

But, the Appeal Court judges decided yesterday (3 February) decided that was not the case and that the legal position was clear enough so as to not warrant testimony from the council or Quinn Glass.

Quinn Glass director Adrian Curry said the firm was delighted with the decision. "It was an experienced and robust court and I'm glad they had no difficulty getting it right," he said.

Ardagh declined to comment when contacted by Packaging News.

The court said there was no justification for referring the point to the European Court of Justice and refused Ardagh leave to appeal to the Supreme Court.

The full story of the development of Quinn's Elton site, including last year's court case and eventual planning permission approval can be read by clicking here.

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