Quarries


Introduction

Joe has significant experience in advising quarry owners and operators about the impact that amendments to the Planning and Development Act 2000 may have for the continued operation of their quarries.

Details of a number of recent quarry projects that Joe has successfully guided through the planning process are set out below. All of the decisions set out below have resulted in significant cost savings for the quarry operators.

Section 261 Determination 'set aside' by An Bord Pleanala (Substitute Consent)

Following a determination by Donegal County Council that a quarry development (at Mountcharles, Co Donegal) was carried out after the 1st day of February, 1990, which development would have required, having regard to the Environmental Impact Assessment Directive, an environmental impact assessment or a determination as to whether an environmental impact assessment was required, but that such an assessment or determination was not carried out or made, and that development was carried out after the 26th day of February, 1997, which development would have required, having regard to the Habitats Directive, an appropriate assessment, but that such assessment was not carried out, Joe Bonner Planning prepared a detailed response and referred the decision to An Bord Pleanala. A detailed request for Further Information from the Board was also addressed in full by Joe Bonner Planning. 

In September 2013, An Bord Pleanala 'Set Aside' both determinations of the planning authority. 

Section 261 Determination overturned by An Bord Pleanala (Substitute Consent)

Following a determination by Donegal County Council that a quarry operator should have prepared an Appropriate Assessment (HDA) but didn't, they were instructed to prepare and submit an application to An Bord Pleanala for 'Substitute Consent' to allow for the continued operation of a quarry near Glenties, Co. Donegal, Joe Bonner Planning prepared and submitted a review of the determination and decision to An Bord Pleanala.

An Bord Pleanala upheld the review and set aside the decision of the planning authority, meaning that the quarry operator is not required to submit an application for Substitute Consent. 

Section 261 Determination overturned by An Bord Pleanala (Closure of Quarry)

A planning authority determined, that a quarry was operating on the edge of a rural town without having the benefit of planning permission or pre-1964 authorisation and that the owner/operator should have carried out an Environmental Impact Assessment (EIA). 

The planning authority then decided that the quarry would be closed in accordance with the provisions of Section 261(A) of the Planning and Development Act 2000 (as amended).

Joe Bonner carried out a detailed review of historic planning records, aerial photography and other relevant information, including a review of the planning authority assessment, following which a detailed report was submitted submitted to An Bord Pleanala in the form of a review of the planning authorities determination/decision.

In July 2013, An Bord Pleanala set aside the determination/decision of the Planning Authority and decided that there was sufficient evidence to show that the quarry was operating prior to 1964.

The result is that the quarry will not now be required to close as had been determined by the planning authority.

5 Year Extension of Duration Granted

In Februray 2013 Joe advised a quarry operator in relation to the submission of a planning application for a 5 year ‘Extension of Duration’ for a quarry near Letterkenny Co Donegal.

A 5 year 'Extension of Duration' was granted to the operator in April 2013.

20 year permission granted for extension to quarry

Between February and Novemeber 2012 Joe co-ordinated the preparation of a planning application for the continuation and extension to an existing quarry located on the edge of a SAC, in a rural part of west Donegal. Tasks carried out includes meeting with local authority planners, briefing and appointing ecologists, noise, air, hydrology and transport experts to carry out surveys and prepare individual chapters for the project EIS. 

Joe also edited the EIS, prepare all documents and submitted the application, which was granted permission in April 2013 for a period of 20 years.

j Greene eis cover

 


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