COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE 2
Monday, October 23, 2006
QUESTION NO. 15
QUESTION: Councillor J. Neville
"To ask the Manager to clarify the status of Planning File SDQUO5A/2?"
REPLY:
Section 261 of the Planning and Development Act 2000 requires the owner or operator of a quarry in operation on or after 28th April 2004 to provide to the planning authority information relating to the operation of the quarry, and on receipt the planning authority shall enter the information in the Planning Register.
Information relating to the operation of the Belgard Quarry operated by Roadstone Dublin Limited, was received on 22nd April 2005 and was duly entered in the Planning Register under Register Reference SDQU05A/2. Additional information was subsequently requested and in response a revised map and other details were submitted.
Information provided includes a map showing the boundaries of the overall site, the extracted area (i.e. the area already worked) and the extractable area (i.e. the remaining site area from which it is intended to extract material), and details of an existing planning permission granted in 1972. Details of the type of material being extracted, the hours of operation, number of daily vehicle movements, and measures to control noise and dust are also included.
A statutory public notice published in the Irish Times on 19th October 2005, invited submissions from members of the public on the quarries in respect of which information was submitted by owners / operators. The deadline for receipt of submissions was 5 p.m. on 16th November 2005. No submissions were received during the specified period relating to the Belgard Quarry. However, the Council recently received a letter from the Newlands Golf Club which adjoins the Belgard Quarry, outlining the Club’s concerns regarding the effects on the amenity of the golf club premises of noise, vibration and dust resulting from the quarry operations. It is understood that Councillors have received similar representations from Newlands Golf Club.
Under Section 261 a planning authority may not require the submission of a planning application in the case of a quarry with an existing planning permission granted more than five years prior to 28th April 2004, but may restate or modify the conditions of the existing planning permission, or add new conditions, following consultation with the owners/operators of the quarry.
The Council is presently considering restating, modifying, or adding to, the conditions of the planning permission granted in 1972 to Roadstone Limited for the operation of a quarry at this location. The Act allows the Council a period up to 21st April 2007 to restate or modify the conditions of the existing planning permission, or to add new conditions.
There is no provision under Section 261 for public consultation at this stage, and there is no provision for a third party right of appeal to An Bord Pleanala in relation to any conditions that may be imposed by the Planning Authority. The Board may confirm with or without modifications the decision of the Planning Authority or annul that decision.
With regard to complaints concerning the operation of the quarry the Environmental Health Officer advises that the quarry carry out monitoring for noise, dust and vibration. If a problem is brought to the attention of the Environmental Health Officer for a particular day, the monitoring results can be requested to ensure that they comply with the relevant standards. The standard for vibration is designed to prevent any damage to nearby buildings.
Monitoring results for the Belgard Quarry have been checked on a number of occasions and to date no non compliant results have been found. If the Golf Club wish to make a specific complaint it will be investigated.
It is envisaged that the revised conditions to be applied to the Belgard Quarry will include a requirement that all monitoring results shall be submitted at regular intervals. Appropriate action will be taken in the event of any breaches of the conditioned standards.