The controversy over plans to locate an explosives facility on the shores of the Shannon estuary is set to continue, despite Bord Pleanála's decision to refuse planning permission to the current proposal.
In its decision issued yesterday, the appeals board refused planning on the basis of inadequacies in the Environmental Impact Statement (EIS) and public notice lodged with the plans by Shannon Explosives Ltd, rather than the substantive planning issues, leaving the door open for the plans to be submitted.
In its ruling, the appeals board cited the likely significant effects of infilling 200,000 tonnes of material at the site on the local road network and environment not being subject to the public notice or the impact statement submitted with the plans.
The planning appeals board said that "it is not satisfied that this element of the proposal would not have serious adverse effects on the environment and the development would be contrary to the proper planning and development of the area".
In its direction, board member, Mr Brian Hunt, said a revision of the EIS necessary for a proper assessment of the proposal would be more appropriately dealt with by way of a new planning application to Clare County Council.
Plans were lodged for the proposed €6.5 million facility at Cahercon, Kildysart, four years ago. Shannon Explosives is seeking to import, manufacture and distribute explosive materials - the only other such facility in the State is at Enfield, Co Meath.
Clare County Council granted planning permission for the plan in December 2000, but this was appealed by several groups, including the Friends of the Irish Environment (FIE) and the Kildysart Explosives Factory Opposition Group (KEFOP), which expressed concern over the location of the facility at Cahercon.
Welcoming the decision, a KEFOP spokesman said it was "absolutely delighted" for the community. FIE, however, described the ruling as "seriously flawed".
A spokesman said: "It is entirely unsatisfactory for the appeals board not to have taken this opportunity to rule on the central issue of the inappropriate nature and location of the proposed explosive factory."
Last October, Shannon Explosives admitted to a planning appeals oral hearing in Ennis that it has already spent almost €4 million on its plans.
Yesterday, a Shannon Explosives spokesman said the company would be resubmitting a planning application at the earliest possible opportunity.