Planning permission rejected for quarrying

CLARE County Council has rejected an application from Roadstone Provinces Ltd for planning permission for the retention and continuation of quarrying activities at a 12.42 hectare site at Clonmoney North, Bunratty.

In a separate application, Roadstone were granted permission for the continuation of quarrying activities, also at a site in Bunratty. In this instance, planning was granted subject to 30 conditions.

In a letter to the planning authority regarding both the applications, Michael Twohig, secretary of the Concerned Neighbours Group, was critical of the company. “We are aware that the company has been served with numerous warning letters in relation to their various activities and have obtained some of their previous permissions by application for retention. This suggests to us that their standard operating procedure is somewhat exclusive and disregards the statutory process until the process manages to catch up with them. This approach leaves us as a local community, in a disadvantaged position as the scope afforded to us for input to a file is somewhat limited. There is less chance that a development will be refused and removed (particularly a major item of industrial plant such as the tarmac plant) and control of the activity is retrospective.”

The letter criticised a perceived lack of consultation with locals. “By not consulting with the local community, Roadstone missed an opportunity to produce a proposal that whilst not perhaps acceptable to all parties, could address substantive issues in a comprehensive manner based on a mutually agreed approach.”
It also asked that the duration of the permission should provide for the operation of the facility over a period of not greater than 15 years, to enable a review of changes in environmental standards and technology.

It stated that the residents are accepting of the quarrying. “We are tolerant of the quarry operations and the submissions we make are not unreasonable in so far as we don’t request closure of the activity.

“However, we must request that a buffer one, or set back distance of at least 200 metres, is strictly enforced between our residential boundaries and the active quarry area.
“This is much less than has been applied in other applications (see again P04/1064, as granted on appeal). Taking account of the phases currently indicated in the application, it is not possible to overlay this buffer area. On this basis, we suggest that the company needs to modify the phases to take account of a set-back distance of 200 metres from residential boundaries. We don’t believe this should be undertaken by condition, as we will be excluded from a consultative process if this approach is taken. It would be most appropriate to require the company to modify the phases, under a clarification request – if the planning authority indicate their concern about proximity to residences.”

In the unsuccessful application, it stated that it would be contrary to guidelines as issued under Section 28 of the Planning and Development Act 2000 and a Ministerial Policy Directive.
It also stated that it would be in contravention of the County Development Plan.
“The planning authority is not satisfied, based on the details submitted with the application, that the proposed development and that which is to be retained, will not have a significant adverse impact on the qualifying interests of the Lower River Shannon Special Area of Conservation. Accordingly, the development, as proposed under the subject application, would materially contravene objective CDP o17.3 of the Clare County Development Plan 2011-2017, which seeks:
(a) To afford the highest level of protection to all designated Natura 2000 sites in accordance with the relevant directives and legislation on such matters.
(b) To ensure all planning applications for development within, adjacent to, or with the potential to affect a Natura 2000 site to submit a Natura Impact Statement in accordance with the Habitats Directive (1992).
(c) To recognise and afford appropriate protection to any new or modified SPAs or SACs that are identified during the lifetime of the plan.

Thirty conditions were attached to the successful application, one of which is that the permission will only be for a period of 20 years.
Other conditions are that a 30m buffer zone shall be maintained from all site boundaries to all extraction areas, while the quarry is only to operate between 7am and 6pm, Monday to Friday.
Blasting operations shall not occur more than once a week and monitoring of the noise and vibration arising out of blasting and the frequency are to be carried out at the developer’s expense, by an independent contractor to be agreed with the planning authority.

The applicant is also required to pay a contribution of €1,106,281 to Clare County Council in respect of public infrastructure and facilities benefiting development in the area. A Special Development Contribution of €108,226 is also due to be paid.
A cash bond of just over €1.25 million is also to be paid to secure the satisfactory restoration/making safe of the site. In the event that the required work isn’t carried out to a satisfactory standard, the planning authority will be empowered to use money from this bond to ensure satisfactory completion.