Ardagh Glass – formerly known as Rockware – launched a High Court bid earlier this month against Quinn Glass in Chester, which built Europe's largest glass-making factory without planning permission in 2003.

Judge David Mole QC ruled that Chester City Council and Ellesmere Port And Neston Borough Council – now Cheshire West and Chester Council – should take enforcement action against the plant and this week the authority issued a notice ordering it to cease production within nine months.

Quinn Glass, which employs more than 600 staff at the site, said it intends to appeal.

The judge disagreed with Ardagh's argument that retrospective planning permission could not lawfully be granted and did not issue a stop notice.

However, he said the Secretary of State could only grant retrospective consent for a development requiring an environmental impact assessment if it could be proved that exceptional circumstances were in place.

A spokesman for Ardagh Glass said: "There are no exceptional circumstances in this case, as Quinn Glass proceeded to erect a large glass container plant at Elton in the full knowledge that it did not have a valid planning consent.

"It acknowledged throughout construction that it was doing this at its own risk.

"The closure order is the result of a reckless gamble."

It claims Quinn's massive glass-making operation could threaten jobs in Knottingley.

A spokesman for Quinn Glass said the company would be appealing against the enforcement notice because a 'comprehensive planning application has already been with the local authorities since January 2008'.

He added: "Consideration of this application had been delayed by the most recent challenge brought by Ardagh just days before the local authority was due to determine the planning application.

"The enforcement notice does not take effect until May 29 and in the meantime Quinn Glass will be appealing in order to allow time for a full and proper determination of the planning submission."

A statement from the council confirmed it had served an enforcement notice requiring the company to cease production at its Chester factory within nine months.

It adds: "Complying with the order of the High Court, enforcement action relates to the construction of a glass container, manufacturing, filling and distribution facility, without planning permission

"It also requires demolition within 18 months and restoration of the site to its original condition within 24 months."

It said a decision has yet to be made on a planning application submitted to the former Chester City Council and is waiting for more information from Quinn before deciding when it will be heard by a planning committee.