Planning and Development Act 2000(as amended)

Section 261A : Further Matters in relation to Control of Quarries.  

Take notice that in accordance with Section 261A of the Planning and Development Act 2000 (as amended)    Wicklow County Council ‘ the Planning Authority’  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.

Where the planning authority 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 Planning Authority also decides that—
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  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 operator of the quarry requiring him or her to submit an application to An Bord Pleanàla 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.

Where the Planning Authority 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 Planning Authority also decides that —
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 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 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 operator of the quarry informing him or 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 Planning Authority considers appropriate.

The examination and determination by the Planning Authority of every quarry shall be made not later than the 23rd of August 2012.   The examination and  determination shall be carried out in accordance with Section 261A (2), (3),(4) and (5) of the Planning and Development Act 2000(as amended).

Submissions or observations may be made in writing to the Planning Authority, Wicklow County Council, County Buildings, Station Road, Co. Wicklow  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.   No fee in relation to the making of the submissions or observations shall be payable,  and  such submissions or observations will be considered by the Planning Authority.  
Note the period between the 24th of December and the first day of January, both days inclusive, shall be disregarded in the calculation of the 6 weeks.

A copy of any notice that is issued to the owner or operator of a quarry under Section 261A, directing him or her to apply to the Board for substitute consent or informing him or her that the planning authority intends to issue an enforcement notice under section 154  in respect of the quarry, shall be given to a person who, not later than 6 weeks after the date of the publication of this notice made submissions or observations.

An owner or operator of a quarry to whom a notice is issued  and any person to whom a copy of such notice is given, may apply to  An Bord Pleanàla for a review of the determination or a decision,  or both of the Planning Authority  referred to in the notice within 21 days after the date of the notice.  No fee in relation to the application for review shall be payable.  

Signed:  Leonora Earls,
Administrative Officer Planning

30th November 2011