Alan Dillon (Mayo, Fine Gael)
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191. To ask the Minister for Housing, Planning, and Local Government the process for local authorities in handling environmental monitoring data for quarries; the way local planning authority offices publish this data to local communities: the sanctions that are issued if any divergences from the performance standards exist; the way this is communicated to the public; and the way the necessary preventative or remedial measures are agreed. [34263/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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My Department issued Guidelines to Planning Authorities on Quarries and Ancillary Activities in April 2004, offering guidance on planning for the quarrying industry, both in the adoption of development plans and in determining individual applications for planning permission for quarrying and ancillary activities.

The Guidelines recommend that practical ways of building good relationships with the local community include ensuring that all environmental monitoring data is made available to local people at regular intervals (e.g. through the local planning authority offices) and that any divergences from performance standards should be fully explained, together with any necessary preventative or remedial measures.

When granting planning permission for a quarry, it is open to the local planning authority or An Bord Pleanála to attach appropriate conditions to such permissions on a case by case basis. Such conditions may relate to the implementation of environmental mitigation measures; times of operation; control of noise, blasting, dust, water pollution and waste; environmental monitoring; special contributions; extraction limits and site restoration etc.

Under planning legislation, enforcement of unauthorised development is a matter for the relevant planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met.

There are extensive enforcement provisions provided for in Part VIII of the Planning and Development Act 2000, as amended (the Act), with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions and that no unauthorised development takes place, including in relation to quarries. In addition, any person or a planning authority may seek a court order under section 160 of the Act in relation to unauthorised development with a view to ensuring that the development works in question are not carried out or continued.

Provision for the recoupment of costs arising from enforcement action taken by planning authorities is provided for under section 154 of the Act. Section 154(5)(b) provides that an enforcement notice shall require that such steps as may be specified in the notice be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development.

Section 154(5)(c) further provides that if the steps specified in the enforcement notice are not taken within a specified period (not being more than 6 months), the planning authority may enter on the land and take such steps and may recover any expenses reasonably incurred by them in that behalf.

Furthermore, section 154(5)(d) provides that an enforcement notice shall require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

Section 154(7) further provides that if required, any expenses reasonably incurred by a planning authority may be recovered as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served. Alternatively, the costs incurred by a planning authority may be secured by charging the land under the Registration of Title Act, 1964, or where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.

Section 156 sets out the penalties that may be applied in relation to non-compliance with specific sections of the Act. In this connection, 156(1) provides that a person who is guilty of an offence shall be liable, on conviction on indictment, to a fine not exceeding £10,000,000 or to imprisonment for a term not exceeding 2 years, or to both. It further provides that a person who is guilty of an offence shall be liable, on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both. Under section 156(2) of the Act, where a person is convicted of an offence and there is a continuation by him/her of the offence after his/her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable.

Accordingly, as indicated, there are already extensive enforcement powers available to planning authorities in relation to non-compliance with planning legislation. This planning legislation is in compliance with EU law and applies to all forms of development, including the operation of quarries. Under section 157(4)(AA), enforcement action may be taken against unauthorised quarrying at any time.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.