A High Court challenge against the planning permission for a landfill development near Dungarvan has been lost.

Margaret Power of the Lickey Concern group argued that the landfill would affect the fresh-water pearl mussel which is protected under the European Commission habitats directive.

She maintained that the conservation of freshwater pearl mussels was a matter of community importance.

An Bord Pleanala had made a decision which was in conflict with EU law and appeared to ignore the recommendations of an inspector who carried out an environmental analysis on the development.

In December 2004, An Bord Pleanala granted permission for the landfill subject to a reduction in size.

Mr Justice John Quirke said that legislation required that "substantial" grounds be established before the court could grant leave to bring a judidical review challenge to certain planning decisions.

The courts could not quash decisions of administrative tribunals unless there was evidence of illegality, the judge said. There was no evidence of illegality in this case.

The court was not obliged to accept an expert's view that the developments would affect the pearl mussel. Ms Power was also unable to establish substantial grounds for her claim of a breach by the board of the commission regulations on environmental impact assessments, Mr Justice Quirke said.