Commencement of 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.

Each Planning Authority must now examine every quarry in its area 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.

In anticipation of the new legislative provisions Waterford County Council has established a cross section multi-disciplined project team consisting of Civil Engineers, Planners, Engineering Technicians, an Environmental Scientist, Enforcement Officer and an Ecologist. The Planning Section will co-ordinate the project team for the duration of the project and will be responsible for the management of the resultant enforcement actions.

The Planning Section has to date compiled detailed data on each of the 25 quarries and has established a quarry register, a file management system and a correspondence tracking system.

Detailed positional surveying and digital mapping of each quarry will commence in the coming weeks and the overall project expected to be completed in mid to late 2012.

Should you have any queries in relation to same please contact Eamon Lonergan, Senior Executive Engineer, Planning Department.