Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

I compliment the producers of last night's "RTÉ Investigates" programme, which really demonstrated the environmental damage that can be done when regulation is breached. Not only is it financially costly, it causes significant damage to our environment and to human health. The RTÉ programme focused on waste and non-compliance with a fragmented system of regulation, how those who flagrantly abuse any system of regulation are dealt with, the time it takes to deal with those who cause such damage and who ultimately picks up the bill.

The RTÉ programme looked at waste, but unauthorised development is another area that requires significant attention. A planning system is only as good as the enforcement. While local authorities have responsibility for planing enforcement, on occasions it also requires the involvement of the courts. I want to highlight in particular the issue of quarrying and I will focus on one particular example that is not in my constituency but it is in south Kildare, in Ballysax near the Curragh. The history of this quarry goes back to 1983 when it operated without permission. I shall refer, however, to 2012 when An Bord Pleanála wrote to the owners informing them that the quarry was unauthorised and did not have the benefit of planning permission because it did not avail of a section 261 regulation.

In August 2014 a new owner took over the quarry and it was clear from the outset that the intention was to scale up the quarrying operation. This drew many complaints to Kildare County Council and an enforcement notice was eventually issued in 2015 stating that they should close the quarry immediately with all equipment to be removed by mid June. That enforcement notice was ignored. Understandably there continued to be complaints from locals which culminated in locals protesting outside at the quarry on a regular basis. Gardaí were called on numerous occasions and, ironically, this resulted in some locals being arrested for breach of the peace. Kildare County Council gave an undertaking to some local Deputies they would take High Court action under section 160 of the regulations. A High Court appearance followed in late 2015 and a temporary closure was to follow, but that agreement was largely ignored.

Today in 2018 the quarry is still operating. Not only is the quarry operating to full capacity and breaking every planning law, it has in fact been extended to a massive 20 ha. In 2016 the council took the quarry owner to the Circuit Court. There were seven adjournments in the Circuit Court before a full hearing took place in June 2017, with the reserved judgment to follow. In November 2017 the judge gave his decision stating the quarry was an illegal development without planning permission since 1983. The judge ordered the quarry to be closed and the Kildare County Council legal team agreed a stay of five months, until February 2018. The quarry owner was granted additional time to lodge an appeal for a stay on the judge's decision.

Prior to the most recent High Court hearing I contacted the council, which was due to deal with the stay. I was told the expectation was that there would be a full hearing. I understand that the stay had elapsed, and while the judge appeared to favour the immediate closure, the quarry owner sought a recess to apply to another court for a stay. Kildare County Council's legal team did not object to this. The quarry owner came back to the court with a new stay and the judge suggested an October closure. The council agreed to a 2019 closure, as long as the council got its fees paid.

A small community settlement is in close proximity, details of which I can give to the Minister of State later. I emphasise the length of time it has taken to deal with this. Do we actually have planning enforcement at all?

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