Planning and Development (Amendment) Act 2010

75.

Further matters in relation to control of quarries.

75.— The Principal Act is amended by the insertion of the following section after section 261:

“261A.— (1) Each planning authority shall, not later than 4 weeks after the coming into operation of this section, publish a notice in one or more than one newspaper circulating in its administrative area and on the authority’s website, stating—

( a) that it intends to examine every quarry in its administrative area to determine, in relation to that quarry, whether having regard to the Environmental Impact Assessment Directive and the Habitats Directive, one or more than one of the following was required but was not carried out—

(i) an environmental impact assessment;

(ii) a determination as to whether an environmental impact assessment is required;

(iii) an appropriate assessment,

( b) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the planning authority also decides that—

(i) the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government (Planning and Development) Act 1963,

and

(ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were fulfilled,

the planning authority will issue a notice to the owner or operator of the quarry requiring him or her to submit an application to the Board for substitute consent, such application to be accompanied by a remedial environmental impact statement or a remedial Natura impact statement or both of those statements, as appropriate,

( c) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment was required, but was not carried out and the planning authority also decides that —

(i) the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government (Planning and Development) Act 1963,

or

(ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were not fulfilled,

the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate,

( d) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether an environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the planning authority also determines that the development in question was carried out after 3 July 2008, the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate,

( e) that submissions or observations may be made in writing to the planning authority in relation to any quarry in its administrative area, by any person, not later than 6 weeks after the date of the publication of the notice under paragraph ( a), that no fee in relation to the making of the submissions or observations shall be payable and that such submissions or observations will be considered by the planning authority,

( f) that a copy of any notice that is issued to the owner or operator of a quarry under this section, directing him or her to apply to the Board for substitute consent or informing him or her that the planning authority intends to issue an enforcement notice under section 154 in respect of the quarry, shall be given to a person who, not later than 6 weeks after the date of the publication of the notice under paragraph ( a) made submissions or observations, and

( g) that an owner or operator of a quarry to whom a notice is issued, and any person to whom a copy of such a notice is given, may apply to the Board for a review of a determination or a decision, or both, of the planning authority referred to in the notice and that no fee in relation to the application for a review shall be payable.

(2) ( a) Each planning authority shall, not later than 9 months after the coming into operation of this section examine every quarry within its administrative area and make a determination as to whether—

(i) development was carried out after 1 February 1990 which was not authorised by a permission granted under Part IV of the Act of 1963, prior to 1 February 1990, which development would have required, having regard to the Environmental Impact Assessment Directive, an environmental impact assessment or a determination as to whether an environmental impact assessment was required, but that such an assessment or determination was not carried out or made, or

(ii) development was carried out after 26 February 1997, which was not authorised by a permission granted under Part IV of the Act of 1963 prior to 26 February 1997, which development would have required, having regard to the Habitats Directive, an appropriate assessment, but that such an assessment was not carried out.

( b) In making a determination under paragraph ( a), the planning authority shall have regard, to the following matters:

(i) any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)( a);

(ii) any information submitted to the authority in relation to the registration of the quarry under section 261;

(iii) any relevant information on the planning register;

(iv) any relevant information obtained by the planning authority in an enforcement action relating to the quarry;

(v) any other relevant information.

(3) ( a) Where a planning authority makes a determination under subsection (2)( a) that subparagraph (i) or (ii) or both, if applicable, of that paragraph apply in relation to a quarry (in this section referred to as a ‘ determination under subsection (2)( a) ’), and the authority also decides that—

(i) either the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

(ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

the planning authority shall issue a notice, not later than 9 months after the coming into operation of this section, to the owner or operator of the quarry.

( b) In making a decision under paragraph ( a), a planning authority shall consider all relevant information available to it including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)( a).

( c) A notice referred to in paragraph ( a) shall be in writing and shall inform the person to whom it is issued of the following matters:

(i) the determination under subsection (2)( a) and the reasons therefor;

(ii) the decision of the planning authority under paragraph ( a) and the reasons therefor;

(iii) that the person is directed to apply to the Board for substitute consent in respect of the quarry, under section 177E, not later than 12 weeks after the date of the notice, or such further period as the Board may allow;

(iv) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination of the planning authority under subsection (2)( a) or the decision of the planning authority under paragraph ( a), and that no fee in relation to either application for a review shall be payable.

( d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

(i) give a copy of the notice to any person who not later than 6 weeks after the date of the publication of the notice under subsection (1)( a), made submissions or observations to the authority in relation to the quarry,

(ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination under subsection (2)( a) or the decision of the authority under paragraph ( a) and that no fee in relation to either application for a review shall be payable, and

(iii) forward a copy of the notice to the Board.

(4) ( a) Where a planning authority makes a determination under subsection (2)( a) and the authority also decides that—

(i) the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or

(ii) if applicable, the requirements in relation to registration under section 261 were not fulfilled,

the planning authority shall issue a notice, not later than 9 months after the coming into operation of this section, to the owner or operator of the quarry.

( b) In making a decision under paragraph ( a), a planning authority shall consider all relevant information available to it, including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)( a).

( c) A notice referred to in paragraph ( a) shall be in writing and shall inform the person to whom it is issued of the following matters:

(i) the determination under subsection (2)( a) and the reasons therefor;

(ii) the decision of the planning authority under paragraph ( a) and the reasons therefor;

(iii) that the planning authority intends to issue an enforcement notice in relation to the quarry under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the authority considers appropriate;

(iv) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination under subsection (2)( a) or the decision of the planning authority under paragraph ( a), and that no fee in relation to either application for a review shall be payable.

( d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

(i) give a copy of the notice to any person who not later than 6 weeks after the date of the publication of the notice under subsection (1)( a), made submissions or observations to the authority in relation to the quarry, and

(ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination of the planning authority under subsection (2)( a) or the decision of the planning authority under paragraph ( a) and that no fee in relation to either application for a review shall be payable.

(5) ( a) Notwithstanding anything contained in subsection (3) or (4), where a planning authority makes a determination under subsection (2)( a) and the authority further determines that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008, the authority shall also decide whether—

(i) the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

(ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

and shall issue a notice not later than 9 months after the coming into operation of this section to the owner or operator of the quarry.

( b) In making a decision under paragraph ( a), a planning authority shall consider all relevant information available to it, including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)( a).

( c) A notice referred to in paragraph ( a) shall be in writing and shall inform the person to whom it is issued of the following matters:

(i) the determination of the planning authority under subsection (2)( a) and the reasons therefor;

(ii) the determination of the planning authority under paragraph ( a) that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008, and the reasons therefor;

(iii) the decision of the planning authority under paragraph ( a) and the reasons therefor;

(iv) that the planning authority intends to issue an enforcement notice in relation to the quarry under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the authority considers appropriate;

(v) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination of the planning authority under subsection (2)( a), the determination of the planning authority under paragraph ( a), or the decision of the planning authority under paragraph ( a), and that no fee in relation to any application for a review shall be payable.

( d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

(i) give a copy of the notice to any person who made submissions or observations to the authority in relation to the quarry not later than 6 weeks after the date of the publication of the notice under subsection (1)( a), and

(ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination under subsection (2)( a), the determination of the planning authority under paragraph ( a) that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008 or the decision of the planning authority under paragraph ( a), and that no fee in relation to any application for a review shall be payable.

(6) ( a) A person to whom a notice was issued under subsection (3)( a), (4)( a) or (5)( a), or a person to whom a copy of such a notice was given under subsection (3)( d), (4)( d) or (5)( d), may not later than 21 days after the date of the notice so issued or given to him or her, apply to the Board for a review of one or more than one, of the following, referred to in the notice:

(i) a determination under subsection (2)( a);

(ii) a decision of the planning authority under subsection (3)( a);

(iii) a decision of the planning authority under subsection (4)( a);

(iv) a determination of the planning authority under subsection (5)( a) that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008;

(v) a decision of the planning authority under subsection (5)( a).

( b) Where an application for a review is made to the Board under paragraph ( a) any person may make submissions or observations not later than 21 days after the date of the notice issued under subsection (3)( a), (4)( a) or (5)( a), as the case may be.

( c) Where an application for a review is made under paragraph ( a), the Board shall inform the planning authority and shall request the planning authority to furnish to it such information as the Board considers necessary to make a decision in relation to the review, and the planning authority shall comply with that request within the period specified in the request.

( d) The Board in making a decision on an application for a review under paragraph ( a) shall consider any documents or evidence submitted by the person or persons who applied for the review, any submissions or observations received under paragraph ( b) and any information furnished by the planning authority under paragraph ( c).

( e) The Board shall make a decision as soon as may be whether to confirm or set aside the determination or decision of the planning authority to which the application for a review refers.

( f) As soon as may be after the Board makes its decision under paragraph ( e) it shall give notice of its decision to the person or persons who applied for the review, and to the planning authority concerned, and the giving of the notice shall, for the purposes of this section be considered to be the disposal, by the Board, of the review.

( g) The application to the Board for a review under paragraph ( a) shall have the effect of suspending the operation of a direction contained in a notice issued under subsection (3)( a) until the review is disposed of.

( h) Where the decision of the Board is to set aside a determination under subsection (2)( a) a direction to apply for substitute consent contained in a notice issued under subsection (3)( a) shall cease to have effect.

(7) Where in relation to a quarry in respect of which a notice has been issued under subsection (3)( a)—

( a) either no application has been made to the Board for a review of a determination under subsection (2)( a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) either no application has been made to the Board for a review of a decision of the planning authority under subsection (3)( a) or the Board in making a decision in relation to such a review has confirmed the decision of the planning authority,

the person to whom the notice was issued under subsection (3)( a) shall apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the giving of the notice of its decision under subsection (6)( f) by the Board, or such further period as the Board may allow, save that where no application for review was made to the Board the person to whom the notice was issued under subsection (3)( a) shall apply to the Board for substitute consent within the period specified in that notice.

(8) Where in relation to a quarry in respect of which a notice has been issued under subsection (3)( a)—

( a) either no application has been made to the Board for a review of a determination under subsection (2)( a), or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) the Board in making a decision in relation to a review of a decision of the planning authority under subsection (3)( a) has set aside the decision of the planning authority,

the direction to apply for substitute consent contained in the notice issued under subsection (3)( a) shall cease to have effect and the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)( f), issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

(9) Where in relation to a quarry in respect of which a notice has been issued under subsection (4)( a)—

( a) either no application has been made to the Board for a review of a determination under subsection (2)( a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)( a) or the Board in making a decision in relation to such a review has confirmed the decision of the planning authority,

the planning authority shall, as soon as may be after the expiration of the period for applying for a review or the date of the giving of the notice of its decision by the Board under subsection (6)( f), as the case may be, issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

(10) Where in relation to a quarry in respect of which a notice has been issued under subsection (4)( a)—

( a) either no application has been made to the Board for a review of a determination under subsection (2)( a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) the Board in making a decision in relation to a review of a decision under subsection (4)( a) has set aside the decision of the planning authority, and

( c) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)( a)(i) that the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

( d) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)( a)(ii) that if applicable, the requirements in relation to registration under section 261 were fulfilled, or the Board in a review of such a decision has decided that, if applicable, the requirements in relation to registration under section 261 were fulfilled,

the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)( f), issue a notice to the owner or operator of the quarry directing him or her to apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the notice issued by the planning authority under this subsection or such further period as the Board may allow.

(11) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)( a)—

( a) either no application has been made to the Board for a review of a determination under subsection (2)( a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) either no application has been made to the Board for a review of a determination of the planning authority under subsection (5)( a) that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008 or the Board has confirmed the determination of the planning authority under subsection (5)( a),

the planning authority shall, as soon as may be after the expiration of the period for applying for a review or the date of the giving of the notice of its decision by the Board under subsection (6)( f), as the case may be, issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

(12) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)( a) and—

( a) either no application has been made to the Board for a review of the determination under subsection (2)( a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) the Board, in making a decision in relation to a review of such a notice has set aside the determination of the planning authority under subsection (5)( a) that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008, and

( c) either no application has been made to the Board for a review of a decision of the planning authority under subsection (5)( a)(i) that the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

( d) either no application has been made to the Board for a review of a decision of the planning authority under subsection (5)( a)(ii) that if applicable, the requirements in relation to registration under section 261 were fulfilled or the Board in a review of such a decision has decided that if applicable, the requirements in relation to registration under section 261 were fulfilled,

the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)( f), issue a notice to the owner or operator of the quarry directing him or her to apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the notice issued by the planning authority under this subsection, or such further period as the Board may allow.

(13) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)( a)—

( a) either no application has been made to the Board for a review of the determination under subsection (2)( a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

( b) the Board, in making a decision in relation to a review has set aside the determination of the planning authority under subsection (5)( a) that the development the subject of the determination under subsection (2)( a) took place after 3 July 2008, and

( c) either—

(i) no application has been made to the Board for a review of a decision of the planning authority under subsection (5)( a)(i) that the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or

(ii) no application has been made to the Board for a review of a decision of the planning authority under subsection (5)( a)(ii) that if applicable, the requirements in relation to registration under section 261 were not fulfilled, or the Board in a review of such a decision has decided that, if applicable, the requirements in relation to registration under section 261 were not fulfilled,

the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)( f), issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

(14) Where an application for substitute consent is required to be made under this section it shall be made in relation to that development in respect of which the planning authority has made a determination under subsection (2)( a).

(15) The provisions of Part XA shall apply, as appropriate, to an application for substitute consent made in accordance with a direction under subsection (3), (10) or (12).”.