Quarry firm challenges lands' national monument status

A QUARRY company has brought a legal challenge to a decision to designate lands owned by it as a national monument after ancient burial sites were discovered.

Keegan Quarries Ltd wants to develop lands at Trammon, near Rathmolyon, Co Meath, and is seeking orders quashing the Department of the Environment’s decision to include a section of 10 acres on the register of national monuments. That decision was made after human remains were found at two separate locations on the lands.

The company claims the department’s decision is unfair and in breach of its rights. It also claims that one of the burial sites appeared to be outside the section of lands to be included on the register of national monuments.

At the High Court yesterday, Shane Murphy SC, for the company, said it was concerned at the “leisurely manner” in which the department had made its decision.

The company wants the court to quash an order made in December 2010 by then minister for the environment John Gormley to include the lands at Trammon on the register of national monuments.

Leave to bring the judicial review proceedings was granted yesterday by Mr Justice Michael Peart.

In applying for leave, Mr Murphy said his client purchased the lands, located on either sides of the R156, for €2 million in 2005. Keegan’s had intended to develop the land to include a factory, he said.

As part of its planning application, an environmental impact report was prepared, and archaeological and geophysical surveys were conducted. Human remains were discovered on the site and the company decided to cordon off two acres on the site.

Planning permission was then sought to develop part of the site, which did not include the areas where the remains were found, counsel said.

An Bord Pleanála had turned down the planning application and the company was considering its options when it discovered earlier this year the minister had made an order including the site on the register of national monuments. The department did not inform the company of that decision, he said.

After examining material in relation to its decision, it appeared one of the burial sites was outside the section of the site to be included on the register, counsel said.

Irish Times

www.buckplanning.ie

Ruling may affect plans for quarries

A DECISION by the High Court last week to quash planning permission for a large quarry in Co Monaghan could have major implications for other quarries throughout the State.

Following a judicial review sought by An Taisce, Mr Justice Peter Charleton quashed a decision by An Bord Pleanála to grant permission to John McQuaid for the retention of a quarry at Lemgare, Co Monaghan.

An Taisce originally appealed the decision of Monaghan County Council to allow quarrying on a major scale. This appeal was lost, but following judicial review, Mr Justice Charleton found in favour of the environmental charity.

The issue in the case centred on the legal status of existing quarrying on the site, with An Taisce arguing that any quarrying there had been small-scale before planning legislation required the registration of quarries.

Thus, it claimed, no legal basis had been shown for the “large-scale quarrying” on the site, which also had an area in excess of the five hectare threshold requiring an environmental impact assessment under EU law.

Quashing An Bord Pleanála’s decision, Mr Justice Charleton said that “regrettably, it is apparent on the face of the order that a number of significant errors were made in the decision of the board” and that the reasons given for it were “manifestly absent”.

Welcoming the judge’s ruling, An Taisce’s heritage officer Ian Lumley said it had “important implications for an unquantified number of quarries which obtained registration under 2000 legislation without legal justification and procedure”. An Taisce’s chairman Charles Stanley-Smith said the ruling would also have major implications for the board’s decision-making process and “highlights the need to give more explicit consideration to evidence submitted” to it.

Irish Times

www.buckplanning.ie

Black raises locals' Hill of Allen fears

There is “a great deal of concern” being expressed in the local community about the future of the quarry on the Hill of Allen.That is according to councillor Pat Black, who was speaking at Monday’s Kildare County Council meeting.The lack of public input in the deal between Kildare County Council and Roadstone over the future of the quarry on the Hill of Allen was queried earlier this month at the Kildare electoral area committee meeting.That meeting was told that Roadstone had challenged, through the courts, Kildare County Council’s entitlement to insist that they get planning permission for the quarry.

However, a deal was struck between the Council and Roadstone, the details of which are expected to be released in the coming weeks.The issue raised its head at the full Council meeting again on Monday.“I am not sure whether we are losing the PR battle, or whether this is a PR battle,” said Cllr. Black.“But I have heard expressed a great deal of concern. Is it possible to be up front about what is going on?”Cllr. Black said he had heard it from members of the public that they were concerned at discussions between the local authority and Roadstone.He said he would like it cleared up with nothing added to the rumours.Kildare County Council official John Lahart said that he would not comment on the specific planning application involved because it was going through the planning process.However, he said that any planning application would be looked at under the law and current standing planning regulations.The Hill of Allen Action group sent a letter to councillors this week highlighting their concerns regarding the plans for the area.

Fianna Fail councillor Paul Kelly said that his party locally wanted to know the state of play in the planning process.

David Lynch
Leinster Leader