Court decision on Monaghan quarry could have national implications
Tuesday, 30 November 2010 12:01

A High Court decision to quash planning permission for a large quarry in Co Monaghan last week, could have major implications for other quarries throughout the State.An Taisce,  had sought the judicial review on the decision by An Bord Pleanála to grant permission to John McQuaid for the retention of a quarry at Lemgare, Co Monaghan.The main points had centred around  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.

An Taisce originally appealed the decision of Monaghan County Council to allow quarrying on a major scale  of a quarry at Lemgare, Co Monaghan which is  owned by John McQuaid .This is because it  claimed there was  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.

However this  appeal was lost, but following judicial review, Mr Justice Charleton found in favour of the environmental charity.Mr Justice Charleton said that it was 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 says it has 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.