This matter concerns section 261A of the Planning and Development Act. As the construction of many Irish quarries commenced prior to 1964, these would consequently have been exempt from having had to obtain planning permission, as was the case with all such developments.
However, in order to comply with current-day EU legislation, all quarries now require a development consent under section 261A, particularly those which are 25 hectares or over, due to environmental impact assessments. What this means in practical terms is that all quarries must be newly registered and submit applications for planning permission, even those which were in existence earlier than the change in law in 1964. As a result, quarries which fall under this category may suddenly find themselves without planning permission and by default no longer compliant with planning law.
O’Connell & Clarke Solicitors aim to help clients in this situation both by defending the proceedings of section 160 and by requesting judicial reviews of the constitutionality of such requirements.