Quarrying in County Wexford
Section 261A of the Planning and Development Act 2000 -2011
The notice below was published in the Wexford local newspapers on the 6th and 7th December 2011 and displayed on this website on 7th December 2011. The closing date for submissions was 27th January 2012.
The recently enacted legislation on quarrying is of particular relevance to past, present and future quarrying operations. Wexford County Council, as planning authority for the county of Wexford, advises all those with an interest in quarry operations to familiarise themselves with the legislation.
The Council currently has a list of approximately 111 sites which will be examined under the provisions of the Act. The list has been made up of sites:
- which applied for registration under Section 261 in 2004;
- where planning permission for quarrying activity has been applied for and granted or refused;
- where there are rates accounts;
- where complaints re unauthorised quarrying activity have been made;
- observed by County Council staff
This list may be seen by clicking here to search . Entering ‘q’ under Planning Ref. will bring up the list of sites identified so far.
A file will be opened for each site and the file containing any submissions made on that site can be viewed at the Planning department reception.
This list may not be exhaustive and if you are aware of quarry sites which are not on this list, please contact the Planning Department.
Guidelines on the application of the legislation were issued by the Department of the Environment, Community and Local Government on 23 January 2012. The guidelines can be viewed and downloaded at www.environ.ie.
For further information please contact the Wexford County Council Planning Department on (053 ) 9196000 (option 2).
Formal notice under Section 261A of the Planning and Development Acts.
(Further matters in relation to control of quarries)
1. Wexford County Council intends 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.
2. Where Wexford County Council determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the Council also decides that—
(i) the quarry commenced operation prior to 1 October 1964, or planning permission was granted in respect of the quarry, and
(ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were fulfilled,
The Council will issue a notice to the owner or operator of the quarry requiring him/her to submit an application to An Bord Pleanála for substitute consent, such application to be accompanied by a remedial environmental impact statement or a remedial Natura impact statement or both of those statements, as appropriate.
3. Where Wexford County Council determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment was required, but was not carried out and the Council also decides that —
(i) the quarry commenced operation on or after 1 October 1964 and no planning permission was granted in respect of the quarry, or
(ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were not fulfilled,
The Council will issue a notice to the owner or operator of the quarry informing him/her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the Council considers appropriate.
4. Where Wexford County Council 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 Council also determines that the development in question was carried out after 3 July 2008, the Council will issue a notice to the owner or operator of the quarry informing him/her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the Council considers appropriate.
5. Any person may make submissions or observations in writing, without payment of a fee, to Wexford County Council in relation to any quarry in its administrative area not later than 6 weeks after the date of this notice.
6. Because the 6 week period referred to above will include Christmas 2011, the period for receipt of submissions or observations will be extended by 9 days by Wexford County Council.
7. Submissions received within the period permitted will be considered by the Council. Submissions received may be made available for inspection by the Council or copies may be made available to persons on request.
8. A copy of any notice issued to the owner or operator of a quarry by Wexford County Council directing him/her to apply to An Bord Pleanála for substitute consent, or informing him/her that the Council intends to issue an enforcement notice under section 154 in respect of the quarry, will be given to a person who made submissions or observations within the period permitted.
9. An owner or operator of a quarry to whom a notice is issued by Wexford County Council, and any person to whom a copy of such a notice is given by Wexford County Council, may apply to An Bord Pleanála, without payment of a fee, for a review of a determination or a decision, or both, referred to in the notice.
