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Quarries November, 2011
Further matters in relation to the control of quarries to owners/ operators/ interested parties in the administrative area of Fingal County Council
A notice has been placed in the Fingal Independent dated Tuesday,29th November, 2011 in accordance with Section 261A of the Planning & Development Act 2000 indicating that it is Fingal County Council’s intention to examine every quarry in it’s administrative area to determine, having regard to the EIA Directive and Habitats Directive, whether or not one or more than one of the following was required but was not carried out:
- An Environmental Impact Assessment
- A determination as to whether an EIA is required
- An Appropriate Assessment.
Written submissions are invited to be received not later than 6 weeks after publication (i.e. on or before the 19th January, 2011)
Submissions may also be emailed to firstname.lastname@example.org also to be received not later than 6 weeks after publication (i.e. on or before the 19th January, 2011)
The P.A. will be required to prepare a full inventory to identify all qualifying Quarries in it’s administrative area and within 9 months must decide (having due regard to the Environmental Impact Assessment Directive & the Habitats Directive) whether an EIS, Screening, or an AA was required, and, if required, was it carried out.
(Requirements for an application for a substitute consent are set out in the new 2010 Act under Part XA). Where a determination will be made by the P.A. that an EIA, Screening, or AA was required but not carried out the P.A. will be required to issue a notice to the Quarry owner/operators directing them to apply to A.B.P. for a substitute consent.Quarry owner/operators have the right to have this direction reviewed by A.B.P.(The process provides for public participation)
It is important to note that it is assumed the Quarry owner/operators will have either obtained Planning Permission for the Quarry or that the Quarry pre-dates October, 1964, and where required to do so had applied for registration under section 261. If this is not the case the Quarry is unauthorised.
An unauthorised Quarry
Any Quarry that will not meet the above criteria will not be authorised. Quarries that failed to register under section 261 of the Planning & Development Act, 2000 or that did not obtain P.P. will not qualify for substitute consent.
More robust enforcement provisions now contained in the 2010 Act will require L.A.’s to take immediate enforcement proceedings against Quarries which are refused a substitute consent or are otherwise non-compliant.
Previously registered quarries
Full details of all quarries that have been registered previously in accordance with Section 261 of the Planning & Development Act, 2000 are available to view under the normal planning application search procedure on the Council’s website. The 7 quarries registered in the Fingal Administrative Area are listed below (including Reference Number:
Q/05/001 – Gormanstown Demesne
Q/05/002 – Baylane, Bay, Kilshane
Q/05/003 – Milverton, Skerries
Q/05/004 – Hollywood Great, Naul
Q/05/005 – Feltrim Quarry, Swords
Q/05/006 – Huntstown Quarry, North Rd., Finglas
Q/05/007 – The Hollow, Windgate Rd, Howth
Please note that the above information does not purport to be a legal document, it is a short summary only of the implications of section 261A of the Planning & Development Act, 2000.
All Quarry owners/operators are strongly advised to refer to section 261A of the Planning & Development Act, 2000, also in particular, the Planning and Development (Amendment) Act 2010 and the amendment by Regulation 16 of the European Union (Environmental Impact Assessment and Habitats) Regulations 2011.
Assessment of Quarries pursuant to Section 261A of the Planning and Development Act, 2000
Assessment has now been completed by the Planning Authority and all relevant parties have been notified.
In the interest of clarity and transparency, all documentation has been placed on the Council's Planning Website under "Search for a Planning Application" and for ease of access each quarry has been given a reference number as follows:-
Q/12/001 - Gormanstown Demesne
Q/12/002 - Bay Lane, Kilshane, Dublin 11
Q/12/003 - Milverton, Skerries, Co. Dublin
Q/12/004 - Hollywood Great, Naul, Co. Dublin
Q/12/005 - Feltrim Quarry, Swords, Co. Dublin
Q/12/006 - Huntstown Quarry, North Road, Finglas, Dublin 11
Q/12/007 - The Hollow, Windgate Road, Howth, Co. Dublin
Q/12/008 - Lecklinstown, Naul, Co. Dublin