The High Court has overturned the granting of planning permission for a 200-sow integrated pig unit in Co. Kilkenny. The ruling is likely to have implications for other proposed pig-rearing developments.
Mr Justice Peter Kelly upheld a challenge by Mr Thomas Maher, of Seskin North, Ballyragget, a school principal and member of the Noreside Environmental Protection Group, to a decision of An Bord Pleanala of June 20th, 1997, upholding the granting of planning permission by Kilkenny County Council to Mr Thomas McEvoy for the piggery at Ballyconra, Ballyragget.
The judge agreed with Mr Maher's claim that the board was required - under thresholds for piggeries set down by the EU (Environmental Impact Assessment) Regulations 1989 - to secure an EIS and EIA for the development. The board's failure to do so rendered its decision bad in law and the permission "fatally flawed".
He put a stay on his order until May 17th.