Grafton Group plc, operators of the Chadwicks chain of builder providers, is seeking to bring a High Court challenge to permission for a renewable biogas facility near its Co Offaly store.

Last July, An Bord Pleanála granted Strategic Power Ltd permission for the facility on a 2.1-hectare site at Ballyduff, Tullamore, some 50 metres from Chadwicks on the Rahan Road.

The plant would accept some 50,000 tonnes of feedstock, including silage, farmyard manure and chicken litter, and convert it by anaerobic digestion to renewable energy and organic fertiliser.

On Monday, Mr Justice Charles Meenan adjourned Grafton’s application to bring judicial review proceedings against the board, with Strategic Power and Offaly County Council as notice parties.

The court heard the challenge was being brought on grounds including that the board had erred in law in granting permission which was in contravention of the zoning provided for in the county development plan.

The site, it is argued, is located in a business and technology park, which Grafton says is not permitted under the plan.

Zoning

In its statement of grounds seeking orders including the quashing of the decision, Grafton says the site was zoned “industrial” under the previous plan before it was changed to “business/technology park” under the new (2021 to 2027) development plan,

The board’s inspector, who recommended permission be granted, was aware the zoning change was being proposed in the new plan. The inspector decided, notwithstanding this, that the biogas facility fell within the category of “general industry”.

Grafton also claims the board considered irrelevant considerations in concluding that the facility was consistent with “business/technology park” zoning.

It also failed to consider adequately or at all the environmental effects of the facility including the loss of hedgerows on the site, it is claimed.

It also argues the decision is invalid because the board did not include a copy of the environmental impact assessment (EIA) report, which was submitted with the planning application, on its website.

This meant, it is claimed, there was no effective public participation for the purpose of the EIA directive.

The application to bring judicial review proceedings was made on a one-side-only-represented basis by Suzanne Murray SC, for Grafton.

The case comes back next month when the judge said he would have had an opportunity to read legal submissions in the matter.