The State is one of the parties opposing a local woman's High Court challenge to the construction of a cement-manufacturing plant at Kinnegad, Co Westmeath.
Ms Marie Goonery, of Killaskillen, Kinnegad, claims the operation of the plant, which would be opposite her home, would have a very serious impact on the quality of life which she at present enjoys.
Lagan Cement Ltd, with addresses at Clarendon Dock, Belfast, and Rosemount Business Park, Ballycoolin Road, Dublin, is proposing to operate the plant.
In court yesterday Mr James Connolly SC, for the State, sought to have leave granted to Mrs Goonery set aside. Leave to seek orders challenging the development was granted by Mr Justice Budd in the High Court on May 11th.
Mr Justice Budd's order prohibits, pending the outcome of Mrs Goonery's proceedings, An Bord Pleanala from hearing other objections to Meath County Council's permission for the plant.
Mr Connolly argued that under the planning legislation the parties involved should have been notified of the hearing before Mr Justice Budd.
Ms Nuala Butler, for An Bord Pleanala, supported the State's application on the grounds that Mrs Goonery's proceedings were frivolous and vexatious.
Mr Michael Collins SC, for Mrs Goonery, said Lagan Cement got planning permission from the county council but the company also needed an integrated pollution control licence.
Mrs Goonery believed it would be difficult to make coherent submissions to An Bord Pleanala or the Environmental Protection Agency because the functions of assessing the development were split between the two authorities.
Both authorities believed they should not engage in an assessment of the other's functions. It appeared that construction issues were decided by An Bord Pleanala and environmental pollution problems by the EPA.
Mr Collins said he believed the legislature "had got it wrong" in dividing the two functions. Because the interaction of construction and environmental matters could not be considered, there was no compliance with the EU directive on environmental impact assessment.
The hearing continues today.