Quarry Planning Notice

Notice To All Quarry Owners/ Operators In County Kilkenny And Interested Parties In Accordance With Section 75 Of The Planning And Development (Amendment) Act, 2010

Notice is hereby given of Kilkenny County Council’s (herein after referred to as the Planning Authority) intention 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 an 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 or the operator of the quarry, requiring him or her to submit an application to An Bord Pleanála for substitute consent. Such application shall 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 an 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 or 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 2000-2010, 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 or the 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 2000-2010, requiring the cessation of the operation of the quarry and the taking of such steps as the Planning Authority considers appropriate.

Invitation for submissions or observations:

Submissions or observations may be made in writing to the Planning Authority in relation to any quarry in its administrative area, by any person, not later than 6 weeks after the date of publication of this notice.

Submissions or observations can be sent to:

Maura Leahy

Planning Department

Kilkenny County Council

County Hall

John Street

Kilkenny

No fee shall be payable in relation to such submission or observation and these submissions or observations will be considered by the Planning Authority.

A copy of any notice that is issued to the owner or the operator of a quarry under the provisions of the Planning and Development Act 2000-2010, either directing him or her to apply to An Bord Pleanála for substitute consent or informing him or her of the Planning Authority’s intention to serve an Enforcement Notice in respect of the quarry under Section 154 of the Act, shall be given to any person who made a submission or observation within the appropriate 6 weeks period after publication of this notice.

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

John McCormack

Director of Services - Planning