A glass recycling firm has brought a High Court challenge against a decision by An Bord Pleanála that a proposal to increase its annual intake is not exempted development.

The action has been brought by Glassco Recycling Limited which is based at Osberstown Business Park, Carragh Road, Naas, Co Kildare. The company wants to increase its annual intake, consisting mostly of glass, as well as some aluminium cans which it recycles at its facility.

Last May the board, in response to a question from the company, determined that the proposed increase in intake at the facility constituted a material change of use by reason of intensification. The board added that there was no provision in the planning laws by which the proposed increase could be deemed exempt from requiring planning permission.

The company claims the board’s decision is flawed, and that the board has erred in law. It says the level of the proposed increase does not amount to development.

It claims the board failed to give reasons for its decision, and did not address relevant considerations.

It also says the decision was made in the absence of any screening for Environmental Impact Assessment and is unreasonable and contrary to plain common sense.

In judicial review proceedings against the board, the company seeks various orders and declarations, including an order quashing the board’s decision.

It also seeks a declaration that the planning permission granted to the company to recycle glass on the site means that the continuation of that activity cannot amount to a material change of use.

The matter came before Mr Justice Anthony Barr on an ex parte basis – i.e. with only one side present. The judge granted the company permission to bring its challenge. The case will return before the court next month.