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Dáil

Written answer

Quarrying Sector

650. Deputy Malcolm Byrne asked the Minister for Housing, Local Government and Heritage the current planning laws regarding the development of quarries; the plans to reform these; and if he will make a statement on the matter. [37817/26]

Comment on this
John Cummins Minister of State at the Department of Housing, Local Government and Heritage Fine Gael

Unless specifically exempted under the Planning and Development Act 2000 (the Act of 2000) or the corresponding Regulations, all development requires planning permission. Planning authorities and An Coimisiún Pleanála (the Commission), as appropriate, grant planning permission for development on land, such as a quarry.

When making a decision on a planning application for a quarry, the planning authority or the Commission, as appropriate, is required to have regard to a number of matters, including the relevant development plan, and may attach appropriate conditions to a planning permission on a case by case basis. My Department issued statutory guidelines under section 28 of the Act of 2000 to planning authorities on Quarrying and Ancillary Activities in April 2004. Planning authorities and the Commission must have regard to these guidelines when considering a planning application for a quarry.

An environmental impact assessment is required to be carried out prior to granting consent for certain categories of development that are specified in Schedule 5 of the Planning and Development Regulations 2001. The categories of development relevant to quarries include:

• Quarries and open-cast mining where the surface of the site exceeds 25 hectares ((Part 1, class 19);

• Extraction of stone, gravel, sand or clay, where the area of extraction would be greater than 5 hectares (Part 2, class 2 (b));

• All extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1999 (Part 2, class 2 (c)) ; and

• All installations for the manufacture of cement (Part 2, class 5 (b)).

Sub-threshold development listed in Schedule 5 may also require an environmental impact assessment if the planning authority or the Commission determines that the proposed development would likely have a significant effect on the environment.

Proposed development (including quarries) situated near or on a 'European site' requires screening for appropriate assessment to assess if that development is likely to have a significant effect on the site. Where an appropriate assessment is carried out, permission may only be granted after having determined that the proposed development will not adversely affect the integrity of a European site.

As the Planning and Development Act 2024 (Act of 2024) provides enhanced enforcement provisions for certain activities, such as quarrying, including new regional enforcement structures across planning authorities ('regional enforcement authorities') I have no intention to amend planning requirements further with respect to quarrying development. Regional enforcement authorities will have responsibility for, among other things, the investigation and bringing of enforcement actions, and where appropriate initiating prosecution proceedings

A Steering Group comprising representatives from my Department and planning authorities (via the County and City Managers Association) has been established to provide a coordinated national response, with appropriate State backing and resources, to the enforcement of both quarries and peat extraction. It is intended that the Steering Group will operate for an initial period of three years, with provision for extension as required based on progress, outcomes and the evolution of planning enforcement structures.

It should be noted that at present, planning authorities have full enforcement powers under the current provisions of the Act of 2000, for all enforcement matters including quarrying, and are not reliant on the establishment of regional enforcement authorities under the Act of 2024 in order to undertake enforcement action.

Comment on this