On 14^th July 2015, Environment Minister Alan Kelly signed into law the European Union (Environmental Impact Assessment and Habitats Regulations) 2015 and the Planning and Development (Amendment) No.2 Regulations 2015 and with it brought some clarity and potential well deserved relief to many quarry operators and the industry.

In July 2008, the European Court of Justice found against Ireland for failing in its duties relating to retention planning permissions for quarries. Many quarries had been granted retention despite the fact that they required Environmental Impact Assessment (retention applications must be refused for development requiring EIA or Appropriate Assessment).

In 2010 the Substitute Consent Procedure was established under the Planning and Development Amendment Act 2010 to provide for the regularisation of certain quarry developments, however, that legislation and process was only designed to address past development – any continuance of use or future use was required to be applied for through the normal local authority channels under Section 34 of the Act.

Though a number of Substitute Consent applications have now been completed, it is understood that there remain a significant number that have not yet been assessed by An Bord Pleanala. Section 37L of the new legislation allows for the submission of an application to An Bord Pleanala for continuance of use if an application for Substitute is already in process with Bord.

There are some time constraints for the submission of the Section 37L application for future use. Quarries that have already been decided upon by the Bord cannot apply under the new Section 37L (and must continue to go through the local authority). Only quarries making new applications for substitute consent (within 6 weeks) or quarries who have an application before the Board on the date of the signing of the new regulations may apply under Section 37L (within 6 months).

Quarry operators in these circumstances should contact the Bord at the earliest possible opportunity. It may be possible to request the Bord to hold a decision on a Substitute Consent application pending an application under Section 37L.

Please feel free to contact our EIA or Hydrogeology team to discuss your requirements and options.Click below to email;

Teri Hayes BSc.MSc. PGeo EurGeol Director, Principal Hydrogeologist

David McDermott BSc MCIWM PGeo EurGeol Principal Consultant

Or call us on +353 1 847 4220

AWN Consulting Ltd, Clonshaugh Business and Technology Park, Dublin 17