Those of you who are familiar with the quarry industry will recall the new provisions for registration of quarries which came into effect under Section 261 of the Planning & Development Act 2000.
The objective at that time was to bring all quarries into the planning net and bring about a level playing pitch where quarries which were operating without the benefit of planning permission and associated conditions were competing unfairly with those obliged to comply with the terms and conditions of their permissions. Section 261 was implemented and those involved in the industry, who have previously gone through the registration process, could reasonably have assumed that was the end of the matter; however this was not to be. A subsequent European Court of Justice (ECJ) decision in July 2008 upset the apple cart such that new legal provisions are about to come into effect under Section 75 of the Planning & Development (Amendment) Act 2010. Section 75 introduces new and extremely complex new provisions and also amends the provisions of Section 261 of the Planning & Development Act 2000.
While many of the provisions of the Planning & Development (Amendment) Act 2010 have come into force, Section 75 has not yet commenced but is expected to do so in the short term and potentially within a matter of weeks. Under these new provisions, many operators who regularised their planning status having registered under Section 261, will now find themselves having to go through a new & complex process referred to as ‘substitute consent’ under the new Section 261A. The Department of Environment, Heritage & Local Government (DoEHLG) have recently published updated guidance notes on these new provisions which can be viewed in the attached document.
McCarthy Keville O’Sullivan has extensive experience in the legislation provisions relating to the quarry industry. Please contact the office if you wish to learn more on what services we provide. Quarry Guidance Notes.pdf