20/08/2012

Archived item. This item is published here for historical reasons. The information below may be out of date.

Quarries in South Dublin

South Dublin County Council has completed its Review and Determinations for all Quarries in the County.

A total of six determination reports on quarries have been undertaken by South Dublin County Council.

These reports arise from a number of special legislative provisions in relation to quarries introduced recently by the Government. These are; Section 261A of the Planning and Development Acts, the Environment (Miscellaneous Provisions) Act 2011, and the EU (EIA & Habitats) Regulations 2012.

These provisions were commenced on 15 November 2011, with a maximum 9 months allowed for completion.

Guidelines were issued in January 2012 by the Minister for the Environment, Community and Local Government to planning authorities and An Bord Pleanála (the Board) pursuant to section 28 of the Planning and Development Act 2000 (as amended). Further Supplementary Guidelines were issued in July 2012.

This special provision made for quarries effectively provides that, for a very limited period, certain quarries with retention/EIA/Habitats issues will be permitted (and in fact required) to apply for substitute consent without having to prove exceptional circumstances. This is a last opportunity for certain quarries with legal issues/operating beyond their consent to regularise their status.

Section 261A requires the planning authority to determine which quarries in its administrative area would, having regard to the dates of implementation of the EIA Directive and the Habitats Directive, respectively, have required an EIA, or an appropriate assessment in relation to possible effects on the integrity of a European site, but which were not subject to such assessment/determination.

The Guidelines require the Planning Authority to compile a complete list of all relevant quarry developments within the area, based on every available source of data, such as:

• The planning register, in relation to permissions granted,
• The section 261 register (showing the position as of 2004/2005),
• Planning enforcement records,
• Information from members of the public, including any submissions received in response to the public notice,
• Rateable valuation records,
• Aerial photos or maps (if available), and
• Local knowledge from planning authority staff, particularly staff dealing with specific areas within a county.

The availability of the above data sources was explored for all quarries. All available data was compiled, examined and evaluated in accordance with the Guidelines issued. A separate report has been prepared for each of the relevant quarries in the county.

It was determined that Notices be served in respect of 3 quarries in the county, as follows

1. The quarry located on lands at Belgard and Cheeverstown, Clondalkin, operated by Roadstone Wood Limited.
2. The quarry located on lands at Windmill Hill, Rathcoole, County Dublin, operated by L. Behan & Sons Limited.
3. The quarry located on lands at Aghfarrell and Ballinascorney Upper, operated by Kilsaran Concrete.

It was determined that no Notices be served in respect of 2 quarries in the county, as follows

1. The quarry operated by Roadstone Wood Limited on lands at Corbally and Lugmore, Saggart, County Dublin.

2. The unregistered quarry previously operated by Irish Aggregates Limited on lands at Ballinascorney Upper, Bohernabreena, County Dublin.

In respect of the quarry operated by Shillelagh Quarries Limited on lands at Aghfarrell, Brittas, County Dublin., the Planning Authority will determine the appropriate action in relation to the quarry under Section 154 of the Planning and Development Act 2000 (as amended).

Review by An Bord Pleanála

The quarry owner(s) or operator(s) have the right to refer the determination and/or the decision of the Council as Planning Authority to the Board for review not later than 21 days after the date of any notice served. Any person who made a submission to the Council regarding this process can also refer the determination and/or the decision of the Council as Planning Authority to the Board for review not later than 21 days after the date of any notice served.

The referral of the notice and or decision to the Board for review within the time permitted, by the person to whom it was issued, or by any other person entitled to be given a copy of the notice, will have the effect of suspending the operation of the notice until the review is disposed of by the Board.

Documents

• 261A Submissions on Quarries
• Behan Quarry 261A Report and Appendix
• Behan Quarry Managers Order
• Behan Quarry Notice
• Belgard Quarry 261A Report and Appendix
• Belgard Quarry Managers Order
• Belgard Quarry Notice
• De Selby Quarry 261A Report and Appendix
• De Selby Quarry Managers Order
• Kilsaran Concrete Ballinascorney Notice
• Kilsaran Concrete Notice
• Kilsaran Quarry 261A Report and Appendix
• Kilsaran Quarry Managers Order
• Kilsaran Quarry Notice
• Roadstone and Bagnall Ballinascorney 261A Report and Appendices
• Roadstone and Bagnall Ballinascorney Managers Order
• Shillelagh Quarry 261A Report and Appendices
• Shillelagh Quarry Managers Order