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Further matters in relation to control of quarries

Kildare County Council

Naas Town Council

Athy Town Council

Further matters in relation to control of quarries

Section 261A of the Planning and Development Act 2000

1. Kildare County Council, Naas Town Council and Athy Town Council intend to examine every quarry in their administrative area to determine, in relation to that quarry, whether having regard to the Environmental Impact Assessment Directive and the Habitats Directive, one or more than one of the following was required but was not carried out—

i) an environmental impact assessment;

ii) a determination as to whether an environmental impact assessment is required;

iii) an appropriate assessment.

2. Where Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the Council also decides that—

i) the quarry commenced operation prior to 1 October 1964, or planning permission was granted in respect of the quarry, and

ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were fulfilled,

the relevant Council will issue a notice to the owner or operator of the quarry requiring him/her to submit an application to An Bord Pleanála for substitute consent, such application to be accompanied by a remedial environmental impact statement or a remedial ‘Natura’ impact statement or both of those statements, as appropriate.

3. Where Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment was required, but was not carried out and the relevant Council also decides that —

i) the quarry commenced operation on or after 1 October 1964 and no planning permission was granted in respect of the quarry, or

ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were not fulfilled,

the relevant Council will issue a notice to the owner or operator of the quarry informing him/her that it intends to issue an enforcement notice under section 154 of the Act, as amended, requiring the cessation of the operation of the quarry and the taking of such steps as the relevant Council considers appropriate.

4. Where Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, determines in relation to a quarry that an environmental impact assessment, a determination as to whether an environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the relevant Council also determines that the development in question was carried out after 3 July 2008, the relevant Council will issue a notice to the owner or operator of the quarry informing him/her that it intends to issue an enforcement notice under section 154 of the Act, as amended, requiring the cessation of the operation of the quarry and the taking of such steps as the relevant Council considers appropriate.

5. Any person may make submissions or observations in writing, without payment of a fee, to Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, in relation to any quarry in its administrative area not later than 6 weeks after the date of this notice.

6. Because the 6 week period referred to above will include Christmas 2011, the period for receipt of submissions or observations will be extended by 9 days by Kildare County Council, Naas Town Council and Athy Town Council.

7. Submissions received within the period permitted will be considered by Kildare County Council, Naas Town Council or Athy Town Council, as appropriate. Submissions received may be made available for inspection by the relevant Council or copies may be made available to persons on request.

8. A copy of any notice issued to the owner or operator of a quarry by Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, directing him/her to apply to An Bord Pleanála for substitute consent, or informing him/her that the relevant Council intends to issue an enforcement notice under section 154 of the Act, as amended, in respect of the quarry, will be given to a person who made submissions or observations within the period permitted.

9. An owner or operator of a quarry to whom a notice is issued by Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, and any person to whom a copy of such a notice is given by Kildare County Council, Naas Town Council or Athy Town Council, as appropriate, may apply to An Bord Pleanála, without payment of a fee, for a review of a determination or a decision, or both, referred to in the notice.

10. The submissions referred to at (5) above may be submitted to the relevant Council at the address below before 5.00 p.m. on Wednesday, 25 January 2012:

Ms. Ann Rowan, Senior Executive Officer, Planning and Economic Development Department, Áras Chill Dara, Devoy Park, Newbridge Road, Naas, Co Kildare

(Alternatively the submission may be emailed to planningcontrol@kildarecoco.ie)

Mr. Ken Kavanagh, Town Clerk, Naas Town Council, Áras Chill Dara, Devoy Park, Newbridge Road, Naas, Co Kildare.

(Alternatively the submission may be emailed to tclerk@naasudc.ie)

Mr. Brian Gorman, Town Clerk, Athy Town Council, Rathstewart, Athy, County Kildare.

(Alternatively the submission may be emailed to info@athytowncouncil.ie)

Explanatory Note:

(This note is not part of the statutory notice and does not purport to be a legal interpretation).

Sections 74 and 75 of the Planning and Development Act (Amendment) Act 2010, was commenced on the 16/11/11 and inserted a new section 261A, into the Planning and Development Act 2000. Section 261A contains new provisions in relation to the regulation of quarries.

A new substitute consent procedure was legislated for, whereby projects requiring environmental impact assessment and appropriate assessment could apply for a form of retention – but this was necessarily limited to highly exceptional cases - e.g. a planning permission found defective by a court.

The legislation provides that for a very limited period, 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 Directives, without having to prove exceptional circumstances. This would be conditional on such quarries having registered in 2004-2005 if required to do so. These provisions are contained in the new section 261A.

Section 261A also provides, however, that where a quarry was always unauthorised, i.e. it commenced on or after 1 October 1964 and never obtained 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 Directives, and instead an enforcement notice will be issued requiring the quarry to cease operation.

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