Written answers

Thursday, 6 March 2008

Department of Environment, Heritage and Local Government

Planning Issues

5:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 247: To ask the Minister for the Environment, Heritage and Local Government the latest position in relation to regulation 261 in respect of quarry development; and if he will make a statement on the matter. [9933/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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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 previous five years. Under the registration system, quarry operators were required to supply full details of their operations to the planning authorities by 27 April 2005. Planning authorities were also required to consult with local communities regarding the operation of any quarry registered with them.

The implementation of the provisions of Section 261 is a matter for each planning authority. The provisions are designed to enable authorities better to regulate the operation of quarries in their functional area by providing them with comprehensive information on such quarries and increasing their power of control over quarrying operations. Following registration, a planning authority could impose conditions on the operation of a pre-October 1964 quarry or could require such a quarry to apply for planning permission and submit an Environmental Impact Statement in certain circumstances. Authorities could also restate, modify or add to conditions on the operation of a quarry which had received planning permission more than 5 years before the commencement of section 261.

At the same time as the commencement of section 261, Ministerial Guidelines on Quarrying and Ancillary Activities were published under section 28 of the Planning and Development Act, 2000, which requires both planning authorities and An Bord Pleanála to have regard to such guidelines in the performance of their functions. These Guidelines (which are available on my Department's website at www.environ.ie) offer guidance to planning authorities, both in development planning and in determining applications for planning permission in respect of quarrying activity. They are intended to help planning authorities to assess the range of likely environmental effects, and to propose appropriate mitigation measures, particularly at the pre-application consultation stage. They also include a practical guide to the implementation of section 261.

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