Dáil Éireann Debate, Tuesday - 21 November 2017
636. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government the way in which a person can claim compensation under section 261 of the Planning and Development Act 2010 in respect of a reduction in size of an original planning permission for a quarry and loss of income regarding same; and if he will make a statement on the matter. [49269/17]
View answerSection 261 of the Planning and Development Act 2000, which introduced a once-off system of registration for most existing quarries, with the possibility of follow-up action in relation to an individual quarry by the planning authority concerned, came into operation on 28 April 2004.
Subsection (8) of section 261, as amended, provides for the making of a compensation claim in specified circumstances to the planning authority concerned arising from a decision made in respect of a quarry under section 261 by the authority, or An Bord Pleanála in the case of an appeal. It further specifies the types of conditions imposed on the operation of the quarry as part of such a decision in respect of which a compensation claim may not be made, including conditions preventing, limiting or controlling emissions from a quarry or requiring the re-instatement of the land on which a quarry is situated. Subsection (8) also provides that a compensation claim in respect of a relevant section 261 decision shall be made under section 197 of the Act, which relates to compensation claims arising from the discontinuance of an existing use of land or compliance with new conditions in continuing such use.
Part XII of the 2000 Act and Part 13 of the Planning and Development Regulations 2001, as amended, deal with compensation in relation to planning decisions generally. Section 183 of the Act provides that a compensation claim under section 197 must be made within 6 months of the discontinuance or compliance with the condition(s) in respect of which compensation is sought. Article 174 of the Regulations provides that a compensation claim shall be in writing and specifies the information to be included in the claim.
