John O'Mahony (Mayo, Fine Gael)
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Question 137: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied that local authorities in granting planning permission for quarries are taking adequate cognisance of the regulations and conditions that should apply to such quarries; and if he will make a statement on the matter. [22224/07]

John Gormley (Dublin South East, Green Party)
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Section 34 of the Planning and Development Act 2000 provides the statutory framework for the granting of planning permission by planning authorities for developments, including quarries, with or without conditions, or for the refusal of such permission. In relation to quarries in particular, section 261 of the Planning and Development Act 2000, which was commenced with effect from 28 April 2004, introduced a "once-off" system of registration for all quarries, except those for which planning permission was granted in the last five years. Under the registration system, quarry operators were required to register with planning authorities by 27 April 2005.

Following registration, a planning authority can impose conditions on the operation of a pre-October 1964 quarry or may require a quarry to apply for planning permission and submit an Environmental Impact Statement in certain circumstances. Authorities can also restate, modify or add to conditions on the operation of a quarry that has received planning permission more than five years ago.

The Planning Act also imposes substantial obligations on planning authorities in the enforcement area. A planning authority is statutorily obliged to issue a warning letter in relation to any unauthorised development it becomes aware of (except in the case of trivial or minor development). There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued. The planning authority's decision on whether to issue an enforcement notice, including the reasons for the decision, must be entered on the planning register and, in cases where it is decided not to issue an enforcement notice, any complainant must be informed.

Planning authorities are, of course, also subject to the law and if any person considers that he or she has been adversely affected by a planning authority's action, or lack of action, with regard to planning enforcement, which he or she considers was unlawful, unfair or unreasonable, it is open to the person involved to make a complaint to the Manager or Director of Planning in the first instance or to the Ombudsman. I am not aware that any planning authority is not implementing the relevant provisions of the Planning Act in relation to quarries.