COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, September 16, 2015

MOTION NO. 7

MOTION: Councillor E. Higgins

"That the Chief Executive, with respect to the Substitute Consent application currently being considered by An Bord Pleanala, provide a detailed report on activity at Windmill Hill, Rathcoole to include the result of recent site inspections carried out in response to my numerous motions and representations on this issue. In particular I would like clarification as to whether activity at this location is in compliance with the conditions of permission SDQU05A/4 in relation to the notification of blasting and dust control; the condition attached to permission SD12A/0059 and PL.06S.241259 in relation to the recycling of non-bitumionous waster; condition 7 of the same permission which protects the Liffey Aqueduct Arterial Culvert ; and that the report address the perceived encroachment of the activity into lands outside of the permission grant. I would also like the report to clarify whether the activity is contrary to the current Development Plan Table 4.3.1 which protects the view of the Hill from Browns Barn and the listing of the Windmill house as a preserved structure."

REPORT:

There is a current application for Substitute Consent with An Bord Pleanála in respect of this quarry.  An outcome from An Bord Pleanála is awaited.

The application arises from the review and determination of all quarries in the county completed in 2012 that identified encroachment of the activity into lands outside of the site of any permission granted.  This is in accordance with a statutory process introduced in a 2010 amendment to planning legislation to regularise quarries in the state with outstanding planning issues.  These issues relate to development having taken place without planning consent in contravention of either the EU EIA or Habitats Directives. In the case of this quarry, it was determined that development took place without planning consent in contravention of both the EU EIA and Habitats Directives.

SDCC only has a consultative role in the Substitute Consent process and has made observations on the application, including matters relating to the impact on protected views. SDCC awaits the decision of An Bord Pleanála on the application.

Regarding planning enforcement, an investigation has been undertaken regarding blasting, and encroachment on to the site of a protected structure.  This active investigation is on-going.

Matters relating to the recycling of non-bituminous waste is being handled separately at present from planning enforcement.

The Liffey Aqueduct Arterial Culvert is now a matter for Irish Water, and this has been brought to the attention of their agent in South Dublin.