Quarries

New legislative provisions in relation to Quarries - Section 261A (Dec 2011)

On the 15^th November 2011, sections 74 and 75 of the Planning and Development (Amendment) Act 2010 were commenced, which amend section 261, and insert a new section 261A, into the Planning and Development Act 2000. Section 261A contains new provisions in relation to regulation of quarries.

Following the decision of the European Court of Justice in the case C-215-06 on 3rd July 2008, Ireland was required to remove the facility to apply for retention planning permission in the case of projects which would have required environmental impact assessment under Directive 85/337/EEC (the Environmental Impact Assessment Directive). This decision affected a number of quarries who had carried out unauthorised development which would have required environmental impact assessment: such quarries would now be unable to apply for retention permission and would have no means of regularising their operations.

A new procedure was subsequently legislated for, whereby projects requiring environmental impact assessment could for a very limited period of time; apply for a form of retention called substitute consent. Quarries which had commenced prior to the inception of the planning system in 1964, or which had obtained a planning permission at some stage, would be permitted to apply for substitute consent for unauthorised development which was in breach of the EIA/Habitats Directive. This would be conditional on such quarries having registered in 2004-2005 if required to do so.

Section 261A also provides, however, that where a quarry was always unauthorised, (i.e. it commenced on or after 1 October 1964 and never obtaining planning permission, or it failed to register in 2004-2005 if required to do so), it will not be permitted to apply for substitute consent for unauthorised development which was in breach of the EIA/Habitats Directive, and instead an enforcement notice will be issued by the Planning Authority requiring the quarry to cease operation. There will no longer be a limitation of 7 years on the taking of enforcement action against unauthorised quarries.

Since the introduction of Section 261A the Planning Authority’s multi-disciplined project team consisting of Planners, Civil Engineers, Engineering Technicians, an Environmental Scientist, an Enforcement Officer and an Ecologist, has examined 35 quarry areas across the County to determine whether the quarrying would have required an EIA, Screening for EIA or an Appropriate Assessment under the aforementioned environmental legislations and also make a decision as to whether the quarrying development is authorised or unauthorised in accordance with planning legislation.

The final 261A Register, assessment reports and the associated heritage assessments (where applicable) of the Planning Authority are set out below for your convenience.Hard copies of said reports may also be inspected in the Dungarvan Planning Office. It should be noted that as the reports are publically available, in a number of cases the content has been edited to ensure compliance with the requirements of the Freedom of Information Act 1997 (as amended) and the Data Protection Act. Should you have any queries in relation to same please contact Eamon Lonergan, Senior Executive Engineer, Planning Department or John O'Sullivan, Assistant Planner, Planning Department.

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Following the decision of the European Court of Justice in the case C-215-06 on 3rd July 2008, Ireland was required to remove the facility to apply for retention planning permission in the case of projects which would have required environmental impact assessment under Directive 85/337/EEC (the Environmental Impact Assessment Directive). This decision affected a number of quarries who had carried out unauthorised development which would have required environmental impact assessment: such quarries would now be unable to apply for retention permission and would have no means of regularising their operations. A new procedure was subsequently legislated for, whereby projects requiring environmental impact assessment could for a very limited period of time; apply for a form of retention called substitute consent. Quarries which had commenced prior to the inception of the planning system in 1964, or which had obtained a planning permission at some stage, would be permitted to apply for substitute consent for unauthorised development which was in breach of the EIA/Habitats Directive. This would be conditional on such quarries having registered in 2004-2005 if required to do so. Section 261A also provides, however, that where a quarry was always unauthorised, (i.e. it commenced on or after 1 October 1964 and never obtaining planning permission, or it failed to register in 2004-2005 if required to do so), it will not be permitted to apply for substitute consent for unauthorised development which was in breach of the EIA/Habitats Directive, and instead an enforcement notice will be issued by the Planning Authority requiring the quarry to cease operation. There will no longer be a limitation of 7 years on the taking of enforcement action against unauthorised quarries. Since the introduction of Section 261A the Planning Authority’s multi-disciplined project team consisting of Planners, Civil Engineers, Engineering Technicians, an Environmental Scientist, an Enforcement Officer and an Ecologist, has examined 35 quarry areas across the County to determine whether the quarrying would have required an EIA, Screening for EIA or an Appropriate Assessment under the aforementioned environmental legislations and also make a decision as to whether the quarrying development is authorised or unauthorised in accordance with planning legislation. The final 261A Register, assessment reports and the associated heritage assessments (where applicable) of the Planning Authority are set out below for your convenience.Hard copies of said reports may also be inspected in the Dungarvan Planning Office. It should be noted that as the reports are publically available, in a number of cases the content has been edited to ensure compliance with the requirements of the Freedom of Information Act 1997 (as amended) and the Data Protection Act. Should you have any queries in relation to same please contact Eamon Lonergan, Senior Executive Engineer, Planning Department or John O'Sullivan, Assistant Planner, Planning Department. Section 261A Register, Assessment Reports & Associated Heritage Reports:- Section 261A Register 2012 (, 158 kbs) Q001 Woodhouse Quarry.pdf (, 1,139 kbs) Q001 AA Screening Conclusion Statement (, 25 kbs) Q001 EIA Screening Conclusion Statement (, 61 kbs) Q002 Carrigeen Quarry.pdf (, 699 kbs) Q002 AA Screening Conclusion Statement (, 64 kbs) Q002 EIA Screening Conclusion Statement (, 72 kbs) Q003 Ballycraddock Quarry.pdf (, 1,200 kbs) Q003 AA & EIA Screening Conclusion Statement (, 185 kbs) Q004 Kilcanavee Quarry.pdf (, 446 kbs) Q004 AA Screening Conclusion Statement (, 64 kbs) Q004 EIA Screening Conclusion Statement (, 86 kbs) Q005 Cappagh Quarry.pdf (, 988 kbs) Q005 AA Screening Conclusion Statement (, 71 kbs) Q005 EIA Screening Conclusion Statement (, 78 kbs) Q006 Greenan Quarry.pdf (, 1,140 kbs) Q006 AA Screening Conclusion Statement (, 72 kbs) Q006 EIA Screening Conclusion Statement (, 48 kbs) Q007 Monageela, Aglish Quarry.pdf (, 478 kbs) Q007 AA & EIA Screening Conclusion Statement (, 168 kbs) Q008 Killure Quarry.pdf (, 488 kbs) Q008 AA & EIA Screening Conclusion Statement (, 170 kbs) Q009 Kilminnin Lower Quarry.pdf (, 482 kbs) Q010 Ballyin Quarry.pdf (, 319 kbs) Q011 Kereen Quarry.pdf (, 375 kbs) Q011 AA & EIA Screening Conclusion Statement (, 144 kbs) Q012 Killahaly West Quarry.pdf (, 581 kbs) Q012 AA & EIA Screeing Conclusion Statement (, 170 kbs) Q013 Glenlara, Killahaly West Quarry.pdf (, 462 kbs) Q013 AA & EIA Screening Conclusion Statement (, 154 kbs) Q014 Newport East Quarry.pdf (, 570 kbs) Q014 AA Screening Conclusion Statement (, 24 kbs) Q014 EIA Screening Conclusion Statement (, 35 kbs) Q015 Glendeish East Quarry.pdf (, 477 kbs) Q016 Fahafeelagh Quarry (, 593 kbs) Q016 AA Screening Conclusion Statement (, 64 kbs) Q016 EIA Screening Conclusion Statement (, 71 kbs) Q017 Dunmore Quarry.pdf (, 524 kbs) Q017 AA Screening Conclusion Statement (, 63 kbs) Q017 EIA Screening Conclusion Statement (, 72 kbs) Q018 Bawnard Quarry.pdf (, 675 kbs) Q018 AA Screening Conclusion Statement (, 26 kbs) Q018 EIA Screening Conclusion Statement (, 40 kbs) Q019 Glencairn Quarry.pdf (, 577 kbs) Q019 AA Screening Conclusion Statement (, 64 kbs) Q019 EIA Screening Conclusion Statement (, 172 kbs) Q020 Boherboy Quarry.pdf (, 1,301 kbs) Q020 AA Screening Conclusion Statement (, 163 kbs) Q020 EIA Screening Conclusion Statement (, 81 kbs) Q021 Strancally Quarry.pdf (, 485 kbs) Q021 AA Screening Conclusion Statement (, 240 kbs) Q021 EIA Screening Conclusion Statement (, 63 kbs) Q022 Powersknock Quarry.pdf (, 697 kbs) Q022 AA Screening Conclusion Statement (, 69 kbs) Q022 EIA Screening Conclusion Statement (, 69 kbs) Q023 Ballyheeny Quarry.pdf (, 702 kbs) Q023 AA Screening Conclusion Statement (, 271 kbs) Q023 EIA Screening Conclusion Statement (, 28 kbs) Q024 Ducarrig Quarry.pdf (, 553 kbs) Q024 AA & EIA Screening Conclusion Statement (, 183 kbs) Q025 Ballyin, Lismore Quarry.pdf (, 1,291 kbs) Q025 AA Screening Conclusion Statement (, 71 kbs) Q025 EIA Screening Conclusion Statement (, 81 kbs) Q026 Ballynaharda Quarry.pdf (, 629 kbs) Q026 AA Screening Conclusion Statement (, 10 kbs) Q026 EIA Screening Conclusion Statement (, 74 kbs) Q027 Gowlaun Quarry.pdf (, 613 kbs) Q027 AA & EIA Screening Conclusion Statement (, 143 kbs) Q028 Camphire Quarry.pdf (, 1,144 kbs) Q028 AA & EIA Screening Conclusion Statement (, 9 kbs) Q029 Knockbrack Quarry.pdf (, 457 kbs) Q030 Ross Quarry.pdf (, 410 kbs) Q030 AA & EIA Screening Conclusion Statement (, 174 kbs) Q031 Ballynadeige Quarry.pdf (, 704 kbs) Q031 AA Screening Conclusion Statement (, 67 kbs) Q031 EIA Screening Conclusion Statement (, 39 kbs) Q032 Cliffes, Ballynadeige Quarry.pdf (, 660 kbs) Q032 AA Screening Conclusion Statement (, 66 kbs) Q032 EIA Screening Conclusion Statement (, 40 kbs) Q033 Carrickanure Quarry.pdf (, 588 kbs) Q033 AA & EIA Screening Conclusion Statement (, 180 kbs) Q034 Ballinamona Quarry.pdf (, 514 kbs) Q034 AA Screening Conclusion Statement (, 24 kbs) Q034 EIA Screening Conclusion Statement (, 25 kbs) Q035 Glistenane Quarry.pdf (, 391 kbs)
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