Quarries and Planning

Bogus

If, in a rural area, the following situation occurred, what would the best thing to do for a person who is pi***d off with the way his local county authority does nothing to stop illegalities?

A man starts off with one quarry. Over the years he buys additional parcels of surrounding land and expands the quarry workings into those areas. The time eventually arrives when all quarries have to be registered and a planning application is put forward for retention of quarrying rights.

The application is refused and the owner is told to stop everything (say June 2004). It is also assumed that the quarrying did not stop and that more quarrying is carried out after this time than during the previous 20 years. The county council is informed on several occasions that the quarrying has not stopped and nothing happens. The owner merrily digs away or uses explosives without the supervision of the Gardai.

The owner then puts another application in (say December 2005) with another cunning plan, in which it is ticked that the area is not in a Special Area of Conservation or other protected area. The local authority points out that it is - and the veracity of the original form leads them to request a new form to be provided.

We’ll say that 3 people paid their €20 each and objected.

Also thrown into the equation is that, a stone’s throw away from the quarrying, resides a person employed by the local authority planning department, not to mention the fact that, across the river, resides the leader of the local authority, who has a good view of the ever-expanding hole in the ground.

Finally, let’s say that a decision is due at the beginning of September.

dermot_sheehan

The first thing the person should see is if the quarry existed before 1964 (when planning controls were first imposed in this country). If so and it was continuously used since then different rules apply.

Assuming it wasn't, one should read the local development plan for the area concerned and see if the zoning permits the quarry. The council is obliged to act in accordance with their development plan (s. 15 planning and development act 2000 http://www.irishstatutebook.ie/ZZA30Y2000S15.html), they could amend the plan but have to go through special procedure involving consultations.

Assuming that the plan does not permit a quarry (which I assume it doesn't since it appears to be special area of conservation), and the council for some silly reason grants permission, the appropriate action would be to appeal to An Bord Pleanala who would overturn the council's decision.

Regarding the disregardance of enforcement notices, the council or indeed any person can apply to the circuit court (or high court where reatable value of land is over £200, but I assume this would be a circuit court case) for a s. 160 court order http://www.irishstatutebook.ie/ZZA30Y2000S160.html This is provided he has not acted in disregardance of planning permission for over 7 years. Provided you succeed on a s. 160 application you get costs as per s. 161 http://www.irishstatutebook.ie/ZZA30Y2000S161.html If he ignores a court order, you apply to court to have him imprisoned for contempt of court.

Bogus

Sorry not to have thanked you for your output earlier, but I’ve been away from that drug known as the internet for a few days.

Anyway, it seems that the only way for an individual to fight such dodgy behaviour is for that individual to have an endless supply of cash to fuel legal action against the perpetrators of landscape vandalism.

Is there no government body to call in such circumstances?

dermot_sheehan

The Council is supposed to be that government body. They can take legal action. Provision also exists for any member of the public to do so also however if the council don't.

Bogus

In this particular case, the local authority would have full knowledge of what was going on and would have done absolutely nothing to thwart it. One of their planning people would be living a stone's throw from where the quarrying was taking place.

In a situation where there is a possible "smell", is there anyone in higher government who could possibly investigate such a case?