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The High Court has granted an application requiring a company to prepare a report for the restoration of a site to its original state before unauthorised developments occurred. This decision follows a previous judgment which disallowed an order prohibiting the Environmental Protection Agency from processing a waste licence application by the company. The court's current decision focuses on ensuring compliance with EU environmental standards and will allow the parties to file replying affidavits. The court refused the application to join the Attorney General as a notice party and to direct the Agency to decide on a pending waste licence application within one month, indicating these were not appropriate remedies in the current proceedings.
High Court, GCHL Limited, Balyna Environmental Action Group (BEAG), Environmental Protection Agency (EPA), unauthorised developments, restoration report, waste licence application, statutory injunctions, environmental pollution, EU environmental standards, EIA Directive 2014/52 EU, Habitats Directive (92/43/EEC), Waste Framework Directive 2008/98/EC, judicial review, mandamus, Attorney General, Rules of the Superior Courts (RSC), Malone v GCHL Ltd & The EPA & Ors (No.1) [2024] IEHC 336, Malone & McEvoy v Laois County Council, An Bord Pleanála and Booth Recast Concrete Limited & Ors [2025] IEHC 345.
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