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Quarrying Sector

Dáil Éireann Debate, Wednesday - 27 January 2021

Wednesday, 27 January 2021

Questions (296, 361)

Holly Cairns

Question:

296. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the action he is taking to address unauthorised quarries; and if he will make a statement on the matter. [4511/21]

View answer

Holly Cairns

Question:

361. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the action he is taking to address unauthorised quarries; the estimated cost to his Department and local authorities in pursuing unauthorised quarry activity; and if he will make a statement on the matter. [4510/21]

View answer

Written answers

I propose to take Questions Nos. 296 and 361 together.

Under planning legislation, enforcement 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 (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. This includes unauthorised 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.

There is no cost to my Department in regard to pursuing unauthorised quarry activity. The management of local authority expenditure is a function of the local authority's Chief Executive Officer.

Where enforcement action is taken by a local authority, provision to recoup costs is made under section 154 of the Act. If an enforcement notice is disregarded by the person(s) served and the planning authority enters the land to take such steps, including the removal, demolition or alteration of any structure, the planning authority may recover any expenses reasonably incurred by them in that behalf. An enforcement notice shall require the person(s) served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority in relation to the investigation, detection and issue of the enforcement notice, any warning letter and costs incurred in respect of employees, consultants and advisers.

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(s) on whom the notice was served. Alternatively, costs incurred by a local authority may be secured by charging the land under the Registration of Title Act, 1964, or an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.

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.

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