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Registering Quarries
Section 261 of the Planning and Development Act 2000 introduced a once off system of registration for all quarries, except those for which planning permission was granted in the 5 years before Section 261 became operative. This process is now finished.
Under this section, the council has (i) imposed conditions on the operations of quarries which have operated continually since before 1 October 1964, (ii) restated, modified or added to conditions on the operation of a quarry which has received planning permission more than 5 years before Section 261 commenced or (iii) simply registered quarries who were in operation at the commencement of this section but who did not fall into categories (i) or (ii).
It should be noted that the registration of quarries under Section 261 does not confer planning consent for a quarry that is an unauthorised development. Therefore, an unauthorised development remains unauthorised even after registering with the planning authority.
The Department of the Environment and Local Governement have issued guidlines that can be viewed on their webstie.
Review of Quarries
(22/Nov/2011)
Planning and Development Acts 2000-2011
In accordance with Section 261A(1) of the Planning and Development Act, 2000, as amended, Laois County Council hereby gives notice of its intention;
(a) to examine every quarry in its administrative area to determine, in relation to that quarry, whether having regard to theEnvironmental Impact Assessment Directive and the Habitats Directive, one ormore than one of the following was required but was not carried out—
(i) an Environmental Impact Assessment;
(ii) a determination as to whether an Environmenta Impact Assessment is required;
(iii) an Appropriate Assessment.
(b) that where the planning authority determines inrelation to a quarry that an Environmental Impact Assessment, a determinationas to whether Environmental Impact Assessment was required, or an AppropriateAssessment, was required but was not carried out and the planning authorityalso decides that—
(i) the quarry commenced operation prior to 1October 1964, or permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government(Planning and Development) Act 1963, and
(ii) if applicable, the requirements in relation toregistration under section 261 of the Planning and Development Act 2000 were fulfilled,
the planning authority will issue a notice to the owneror operator of the quarry requiring him or her to submit an application to AnBord Pleanala for substitute consent, such application to be accompanied by aRemedial Environmental Impact Statement or a Remedial Natura Impact Statement orboth of those statements, as appropriate.
(c) that where the planning authority determines inrelation to a quarry that an Environmental Impact Assessment, a determinationas to whether Environmental Impact Assessment was required, or an Appropriate Assessmentwas required, but was not carried out and the planning authority also decides that —
(i) the quarry commenced operation on or after 1October 1964 and no permission was granted in respect of the quarry under PartIII of the Planning and Development Act 2000 or Part IV of the Local Government(Planning and Development) Act 1963,or
(ii) if applicable, the requirements in relation toregistration under section 261 of the Planning and Development Act 2000 were not fulfilled,
the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issuean enforcement notice under Section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.
(d) that where the planning authority determines inrelation to a quarry that an Environmental Impact Assessment, a determinationas to whether an Environmental Impact Assessment was required, or anAppropriate Assessment, was required but was not carried out and the planningauthority also determines that the development in question was carried outafter 3 July 2008, the planning authority will issue a notice to the owner oroperator of the quarry informing him or her that it intends to issue
an enforcement notice under Section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.
(e) that submissions or observations may be made inwriting to the planning authority in relation to any quarry in itsadministrative area, by any person, not later than 6 weeks after the date ofthe publication of the notice under paragraph (a), that no fee in relation tothe making of the submissions or observations shall be payable and that suchsubmissions or observations will be considered by the planning authority,
(f) that a copy of any notice that is issued to theowner or operator of a quarry under this section, directing him or her to apply to An Bord Pleanala for substitute consent or informing him or her that theplanning authority intends to issue an enforcement notice under Section 154 inrespect of the quarry, shall be given to a person who, not later than 6 weeksafter the date of the publication of the notice under paragraph (a) made submissions or observations, and
(g) that an owner or operator of a quarry to whom anotice is issued, and any person to whom a copy of such a notice is given, may apply to An Bord Pleanala for a review of a determination or a decision, orboth, of the planning authority referred to in the notice and that no fee inrelation to the application for a review shall be payable.
Submissions or observations regarding any quarry shall include the name and contact details of the person makingthe submission or observation and shall be receivedby the Planning Department, Laois County Council, Áras An Chontae, J.F.L Avenue, Portlaoise, Co. Laois by 4pm on Thursday, January 12th, 2012. Submissions can be emailed here planning@laoiscoco.ie not later than 4pm on Thursday, January, 12th, 2012.
Signed: John Daly
Director of Services
Planning and Environment.
Dated: 23rd November, 2011.