PLANNING PERILS – PART I PART ONE OF THIS TWO-PART ARTICLE OUTLINES A LEGAL CASE TAKEN UNDER THE AARHUS CONVENTION, WHICH HAS IMPLICATIONS FOR PLANNING APPLICATIONS IN IRELAND.
T
he Aarhus Convention got its name from the city in Denmark where it was signed. It was ratified by Ireland on June 20, 2012, and commenced on September 18, 2012.
The case described here was the first Irish case to be referred to it. In 1997, a quarry (Keegan Quarries Limited) applied for planning permission to extract limestone from a greenfield site. Meath County Council permitted extraction to a depth of 62m a.O.D. (above ordinance depth) and for a period of 15 years, after which the lands were to be restored. The 15 years expired on August 5, 2012. There had been a lot of compliance and nuisance issues with regard to the quarry and a close eye was being kept for a fresh site notice(s) at the gate of the quarry for any application to extend its life. In September 2012, while logged onto the website of Meath County Council looking for an entirely different planning file, quite by chance I discovered three applications, which were seeking to extend the life of the quarry by five years. There had not been any site notice. On inquiring about the situation from Meath County Council, I was informed that the public would not be entitled to make observations and was further given to understand that the application was nothing more than a formality. There was no opportunity to put before the planning authority any concerns about the level of planning compliance, nuisance
issues
or
previous
unauthorised
developments at the site. Furthermore, as there was no opportunity to comment at local authority level, it was not possible to appeal the matter to An
“ QUITE BY CHANCE I DISCOVERED THREE APPLICATIONS, WHICH WERE SEEKING TO EXTEND THE LIFE OF THE QUARRY BY FIVE YEARS.
Bord Pleanála.
FEATURE Kieran Cummins Solicitor and Secretary, Eco Advocacy
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The UNECE & Ireland case: background The Aarhus Convention of 1998 was a
b. public participation in decision-making;
convention on:
and,
a. access to information;
c. access to justice in environmental matters.
SURVEYORS JOURNAL Volume 10, Issue 2, Summer 2020
