The Supreme Court has refused an application from An Taisce seeking 25 per cent of its legal costs spent fighting An Bord Pleanála’s planning permission for Glanbia’s Kilkenny cheese plant.
In a ruling on Monday, the court directed the parties involved in the dispute to pay their own legal fees.
While there is “no doubt at all” that the appeal raised very important and fundamental issues of environmental law, the court did not consider the case fell within an exceptional class where an award of partial or full costs could be made in its favour.
The court said it “must not overlook the fact that the applicant actually lost the appeal”.
In February, the five-judge court dismissed An Taisce’s appeal over An Bord Pleanála’s approval of the €140 million Slieverue factory, which is to be developed under a joint venture between Glanbia and its Dutch partner Royal-A-Ware.
An Taisce, the National Trust for Ireland, then sought 25 per cent of its legal costs as against the planning board or the State.
It submitted that its challenge was taken in the public interest and was a “test case” in nature, said the court. It said it had no financial interest in the outcome and it took the proceedings purely to protect the environment and to vindicate European and national environmental law.
The planning board and the Attorney General (AG) opposed An Taisce’s costs application. The AG had already agreed to abide by his own costs.
Although a State body, An Bord Pleanála has no constitutional role and no responsibility for making the national or EU legislation it is called upon to apply, said the court. This sets it apart from other constitutional cases against the State where costs have been awarded to the unsuccessful applicant, the court said.
As the AG was joined simply to assist the court in pointing to what he contended was the proper interpretation of the Environmental Impact Assessment Directive, there was no basis for making a costs order against him, the court found.
