Further Matters in relation to Control of Quarries

Released: 07 December 2011

 

 

Kerry County Council

Planning and Development Act 2000 (as amended)

 Section 261A: Further Matters in relation to Control of Quarries.  

 

Notice is hereby given that Kerry County Council intends to examine every quarry in its administrative area to determine, in relation to that quarry, whether having regard to the Environmental Impact Assessment Directive and the Habitats Directive, one or more than one of the following was required but was not carried out—

(i) an Environmental Impact Assessment;

(ii) a determination as to whether an Environmental Impact Assessment is required; (iii) an Appropriate Assessment.

 

Where the Planning Authority determines in relation to a quarry that an Environmental Impact Assessment, a determination as to whether Environmental Impact Assessment was required, or an Appropriate Assessment, was required but was not carried out and the Planning Authority also decides that—

(i)                 the quarry commenced operation prior to 1 October 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 to registration under Section 261 of the Planning and Development Act 2000 were fulfilled,

the Planning Authority will issue a notice to the owner / operator of the quarry requiring him or her to submit an application to An Bord Pleanála for Substitute Consent, such application to be accompanied by a Remedial Environmental Impact Statement or a Remedial Natura Impact Statement or both of those statements, as appropriate.

Where the Planning Authority determines in relation to a quarry that an Environmental Impact Assessment, a determination as to whether Environmental Impact Assessment was required, or an Appropriate Assessment was required, but was not carried out and the Planning Authority also decides that —

(i) the quarry commenced operation on or after 1 October 1964 and no 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,

or (ii) if applicable, the requirements in relation  to registration under Section 261 of the Planning and Development Act 2000 were not fulfilled,

the Planning Authority will issue a notice to the owner / operator of the quarry informing him or her that it intends to issue an Enforcement Notice under Section 154 (of the Planning and Development Act 2000) requiring the cessation of the operation of the quarry and the taking of such steps as the Planning Authority considers appropriate.

 

Where the Planning Authority determines in relation to a quarry that an Environmental Impact Assessment, a determination as to whether an Environmental Impact Assessment was required, or an Appropriate Assessment, was required but was not carried out and the Planning Authority also determines that the development in question was carried out after 3 July 2008, the Planning Authority will issue a notice to the owner / operator 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.

Submissions or observations headed ‘Quarry Submission’ may be made in writing to The Staff Officer, Quarry Unit, Planning Department, Kerry County Council, County Buildings, Rathass, Tralee, Co. Kerry in relation to any quarry in its administrative area, by any person, not later than 4.00pm on Friday 27th Jan 2012 . No fee in relation to the making of the submissions or observations shall be payable and such submissions or observations will be considered by the Planning Authority.

A copy of any notice that is issued to the owner / operator of a quarry under this section, directing him or her to apply to An Bord Pleanála for Substitute Consent or informing him or her that the Planning Authority intends to issue an Enforcement Notice under Section 154 in respect of the quarry, shall be given to a person who, within the stated timeframe made submissions or observations.

An owner / operator of a quarry to whom a notice is issued, and any person to whom a copy of such a notice is given, may apply to An Bord Pleanála for a review of a determination or a decision, or both, of the Planning Authority referred to in the notice and no fee in relation to the application for a review shall be payable.

 

 

Signed:  Mr. Michael Mc Mahon,

              Director of Services,

              Planning and Sustainable Development.

 


Kerry County Council, Co. Buildings, Rathass, Tralee

Phone: (066) 718 3500     Email: info@kerrycoco.ie

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