A company which wants to build an incinerator in south Co Tipperary is resisting moves to bring a High Court challenge to the proposed development.
The horse-trainer, Mr Aidan O'Brien, and the Magnier family have premises near the site of the proposed €25 million development and have applied for leave to challenge its construction in judicial review proceedings.
Mr O'Brien contends that the health of his family and of local residents would be put at risk if the incinerator was built near his 600-acre Ballydoyle stud.
Yesterday Mr Paul Gallagher SC, for National By Products Ltd, which has been granted planning permission for the development by South Tipperary County Council, said the applicants could raise the planning matters before An Bord Pleanála.
A unique feature of the case was that if the planning board rejected the applicants' contentions, they would suffer no lasting damage because they would then be free to seek to judicially review that decision.
The applicants had the advantage of being able to make those points to a specialist body which could accept or reject them.
Matters which the planning officer took into account could be raised before An Bord Pleanála.
The applicants' rights were not diminished in any way by having to make the challenge before An Bord Pleanála rather than the council, Mr Gallagher said.
The hearing continues today before Mr Justice Ó Caoimh.