Section 261 of the Planning and Development Act 2000 which deals with the Control of Quarries came into effect on the 28th April 2004. Section 261 introduced a once off system of registration for all quarries, except those for which planning permission was granted in the previous 5 years.
Conditions were imposed under section 261 and quarries registered under this section are to operate within authorised boundaries and adhere to the conditions attached under section 261.
Quarries not registered under section 261 must have a Planning Permission and must also operate within authorised boundaries and adhere to the conditions attached to the permission.
The Planning & Development (Amendment) 2010 contains several significant changes relating to quarry developments, particularly in relation to applications for retention permission and to planning enforcement. Under section 75 of the new Act (which inserts a new section 261A into the 2000 Act), each planning authority will be asked to determine which quarries in its administrative area would, having regard to the dates of implementation of the EIA Directive and the Habitats Directive, respectively, have required an environmental impact assessment, a determination in relation to environmental impact assessment, or an appropriate assessment in relation to possible effects on the integrity of a European site, and which have not had such assessment/determination, if required. Where a planning authority identifies a quarry as coming within this category, the planning authority will then be required to make a further decision in relation to the planning status of the quarry, including registration status. Flowing from this decision, the planning authority will then either require an application for substitute consent or take enforcement action requiring the quarry to cease operations. Both the determination and the decision of the planning authority are reviewable by the Board.
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Quarry Guidelines 2004
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