Planning Issues

Dáil Éireann Debate, Tuesday - 25 March 2014

Tuesday, 25 March 2014

Questions (696)

Éamon Ó Cuív

Question:

696. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if quarries under section 261A of the Planning and Development Act 2000, as amended by the insertion of section 75 of the Planning Development (Amendment) Act 2010 and as further amended by the European Union (Environmental Impact Assessment and Habitats) Regulations 2012, which are either sub-threshold as defined by the Environmental Impact Assessment (EIA) – Guidance for Consent Authorities regarding sub-threshold development issued by his Department in August, 2003, or quarries that do not require appropriate assessments environmental impact assessment but do not have the benefit of a previous planning permission but were considered that the quarry works commenced operation before 1 October 1964 and that the requirements in relation to registration under section 261 of the Planning and Development Act 2000, as amended, were fulfilled will be required to submit a planning application for the said quarry; and if he will make a statement on the matter. [13593/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Under section 261A of the Planning and Development Act 2000, as inserted by the Planning and Development (Amendment) Act 2010, each planning authority was required to examine all the quarries in its functional area to determine whether, having regard to the relevant EU Directives –

An environmental impact assessment (EIA), or a screening as to whether environmental impact assessment was required, under the EIA Directive or an appropriate assessment under the Habitats Directive, should have been, but was not, carried out.

Where the planning authority determined that an EIA, or screening for EIA and/or an appropriate assessment, were required in respect of the quarry but were not carried out, the planning authority was then required to decide whether or not the quarry –

either commenced before 1 October 1964 or subsequently obtained a planning permission, and

registered in 2004-2005 if required to do so pursuant to section 261 of the Planning Act.

Where these two conditions are satisfied, the quarry is permitted to apply for substitute consent. However where these conditions are not satisfied, the quarry will be required to cease operating.

Determinations and decisions of planning authorities in this regard were referable to An Bord Pleanála for review.