Written answers

Thursday, 14 July 2016

Department of Environment, Community and Local Government

Planning Issues

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

95. To ask the Minister for Environment, Community and Local Government the status of quarries in local areas; and if he will make a statement on the matter. [21701/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Under the Planning and Development Act 2000, I have no function in relation to individual planning cases and any information on the planning status of quarries in local areas is a matter for the planning authority concerned. Planning permission is required for the operation of a new quarry and must include environmental impact assessment (EIA), where the surface area exceeds 25 hectares or where the area of extraction of stone, gravel, sand or clay exceeds 5 hectares. These thresholds also apply in the case of a planning application for an extension of an existing quarry or where an extension would result in an increase in size greater than 25 per cent of the appropriate threshold.

EIA is also required in the considerations of planning applications for new quarries or quarry extensions, other than those referred to above, where the quarry is likely to have significant effects on the environment. In the case of all planning applications for new quarries or quarry extensions, screening for appropriate assessment relating to the Habitats Directive is also required, and the proposed development must be the subject of an appropriate assessment, where necessary.

In response to the Judgment of the European Court of Justice in case C - 215/06, section 261A was inserted into the Planning and Development Act 2000 in 2010. Under this provision, each planning authority was required to examine all existing quarries in its functional area to determine whether EIA, a screening for EIA or an appropriate assessment, should have been, but was not, carried out. Where a planning authority determined that a quarry came within this category, the authority was required to make a further decision in relation to the planning status of the quarry, including registration status. Following from this, the planning authority had to either take enforcement action, requiring the quarry to cease operations or direct the quarry operator to apply to An Bórd Pleanála for substitute consent, a process involving either EIA or appropriate assessment, or both, as appropriate. The 2000 Act, and Regulations made thereunder, were amended in 2015 to address anomalies arising from the substitute consent provisions for quarries. The most notable amendment permits quarry operators applying for substitute consent pursuant to section 261A, to apply to the Board at the same time for permission for prospective development.

Comments

No comments

Log in or join to post a public comment.