Damien English (Meath West, Fine Gael) | Oireachtas source

The Minister of State at the Department of Communications, Climate Action and Environment, Deputy Canney, addressed the environmental aspects of the Private Members' motion under discussion. I will speak on the planning and quarrying related aspects of the motion, which fall within my area of responsibility at the Department of Housing, Planning and Local Government.

The "RTÉ Investigates" programme, "Between a Rock and a Hard Place", which aired last week, highlighted that one in eight quarries, or 151 out of 1,100 active quarries throughout the country operate without planning permission and are effectively unauthorised. It is a serious situation that I do not think any Deputy in the House can condone under any circumstance. I am glad Deputy O'Dea has tabled a motion so we can have this discussion.

While the aggregate sector is a cornerstone of the construction industry, employing thousands of people and making an important contribution to economic development through providing building material for all forms of development, including housing, roads and water infrastructure as well as commercial and industrial development, it goes without saying that all operators in the aggregate sector, as with all other economic sectors, are expected to fully comply with their statutory obligations and adhere to the necessary laws of the State, as passed by the Houses of the Oireachtas. However, in the interests of balance, and Deputy Dooley made a comment on this, it should also be acknowledged in this regard that a large majority of quarry operators operate in compliance with the law and adhere to their statutory obligations. Unfortunately, it is a minority of quarries that operate outside the law and bring the sector into disrepute.

We all know there are significant environmental impacts associated with quarrying operations in terms of noise, dust, blasting, vibration, impacts on water quality, groundwater, traffic, as mentioned by Deputy O'Loughlin, waste, ecosystems and landscapes, to name just some. Quarries also have significant impacts on local communities and residents in whose vicinity they operate. Accordingly, it is imperative that quarrying operations are appropriately regulated and comply with all relevant environmental requirements.

The planning system is the system through which quarries are regulated in terms of being required to obtain planning permission before commencing operations and to comply with any conditions attached to planning permission where it is granted. When assessing individual planning applications for quarries, planning authorities or An Bord Pleanála, as appropriate, must take into account the principle of proper planning and sustainable development, including a range of environmental health, transport, site suitability, visual, amenity and other relevant impacts of the proposed development. Furthermore, where the development of a quarry may affect a special area of conservation, planning authorities are required to screen the development and undertake full appropriate assessment of the proposed development under the habitats directive, where necessary.

It is fair to say the regulation of the sector has been a legacy issue since the Celtic tiger years and probably even before that. Notwithstanding this, it should be noted that strenuous efforts have been made by my Department to improve the regulation and compliance of the sector through new legislation which came into effect in 2012 and which gives unauthorised quarries the opportunity to regularise their affairs by registering their activity with the local authority, obtaining substitute consent or retention permission for past unauthorised activity and obtaining planning permission for ongoing activity. Unfortunately, while many regularised their activities, not all quarry operators availed of the opportunity provided at that time. In addition, in May 2013 a ministerial policy directive was issued to planning authorities reminding them of their statutory obligations in planning, monitoring and enforcement, requiring them to ensure that sufficient resources were put in place for this purpose and, in particular, to prioritise action on large-scale unauthorised developments, including quarries. Detailed guidelines were also issued to planning authorities under section 28 of the Planning and Development Act 2000, offering guidance to planning authorities on planning for the quarrying industry in local development plans and on determining planning applications for quarrying and ancillary activities in their functional areas. These guidelines were also intended to be of assistance to the owners and operators of quarries in complying with their statutory obligations and meeting relevant environmental requirements.

While the situation relating to unauthorised quarries subsequently improved somewhat further following the enactment of the 2012 legislation - it was also helped by the downturn in economic activity at that time - the indications are, as outlined by the "RTÉ Investigates" programme, that the number of unauthorised and unregulated quarries has been increasing again as construction activity has ramped up, which, in turn, has increased the demand for aggregatematerial. As has been referred to by Deputies, problems are also increasing. In effect, the necessary planning legislation and guidance is already in place to facilitate the proper regulation of the sector. However, under planning regulations and legislation, the enforcement of planning control is a matter for the relevant planning authority, which can take action if a development does not have the required permission where it is unauthorised or where the terms and conditions of planning permission have not been met. In this connection, there are extensive enforcement powers provided for in Part VIII of the Planning and Development Act 2000, with a view to ensuring that works pertaining to permitted developments are carried out in accordance with planning permission and that no unauthorised development takes place. Furthermore, if a person is of the view that any development works being undertaken are unauthorised, they may make a written complaint to the development planning authority, which is required to investigate the matter within established time frames and take any appropriate enforcement action, including, where necessary, seeking a court order requiring the cessation of operations. It is also worth mentioning in this connection that serious breaches of the planning code that come before the courts can, on indictment, incur significant fines of potentially up to €12 million in cases where significant environmental damage or pollution are caused and imprisonment of up to two years or both imprisonment and a fine, with further fines of up to €10,000 for each day the offence is continued.

While the necessary legislation, enforcement powers and penalties are already in place, there is clearly a need for more proactive and effective enforcement of the legislation by planning authorities. Married to this, there is also the need for the courts and the Judiciary to impose more serious penalties for breaches of the legislation by quarry operators that come before them, especially in cases involving consistent and persistent breaches of previous court orders that have continued to be ignored. This will send out an appropriate signal and warning that non-compliance with statutory obligations will no longer be tolerated in this area. In light of the information and evidence that has recently come to light in the "RTÉ Investigates" programme on unauthorised activity in this area, my Department will soon engage further with planning authorities on the need for more decisive actions against illegal quarries, advising them to use more full use of the enforcement powers available to them so this problem can be better addressed and eradicated once and for all.

What is currently happening in this area is not acceptable in a modern democratic society where citizens and sectors have a civic responsibility to operate in compliance with the law of the State. One particular point in the motion to which I would like to refer specifically mentions the alleged sourcing by local authorities of aggregate material from unauthorised quarrying operations. It should not be the case that, for example, the roads and housing divisions of local authorities are sourcing material from unauthorised quarry operations that are in breach of the requirements of the planning code while another division of the local authority is taking enforcement action against those same operations, including taking action to cease operations. This is something that should not be happening and my Department will soon write to local authorities to remind them of the need to adhere to the public procurement guidelines for goods and services, as published by the Office of Government Procurement, which requires that any materials, products or services being procured are sourced from authorised sources that are operating in compliance with relevant statutory requirements.

It is important to put on the record the Government's concerns on unauthorised activity in this area, as outlined in the motion. I mention the concerted range of actions that have already been taken and the Government's commitment to continue to tackle the problem and to take whatever further actions necessary against concerned illegal operators in this field. I take Deputy Dooley's point - Deputy O'Dea may have made the same point - that local authorities are often under pressure, when it comes to resources, in making these enforcement decisions and might often shy away from doing so because of the legal costs and consequences involved. That is something the Department will engage with local authorities on more because it is important they feel they have the funding and backing to do this. Often, a local authority can have the choice between spending the money on another positive development or taking a legal case and the choice is often made to spend the money elsewhere. We will engage with them on that because it is important we look at that issue. We have to strengthen local authorities so they are in a position to take these legal cases when they have to.

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