Written answers

Thursday, 25 September 2008

Department of Environment, Heritage and Local Government

Planning Issues

5:00 pm

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 243: To ask the Minister for the Environment, Heritage and Local Government if planning permission is required by a farmer who quarries on their own land in order to supply stone to create internal roadways and they do not supply stone to others outside of their own farm holding; if they can draw stone from one farm to an outfarm that they already own; and if he will make a statement on the matter. [31827/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Under the Planning and Development Acts 2000-2006 and the associated regulations, all development commenced on or after 1 October 1964 requires planning permission unless specifically exempted and, for this purpose, "development" means the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land. While certain developments are exempted under section 4 of the Act and Part 2 and Schedule 2 of the Planning and Development Regulations 2001, as amended, there is no specific exemption for quarrying.

Section 5 of the 2000 Act contains a provision enabling any person to seek a declaration from the relevant planning authority as to whether an activity is development or exempted development in any particular case: the planning authority's decision in the matter be referred to An Bord Pleanála for review in accordance with Section 5(3) of the Act.

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