Extractive Industry and Building Materials Production

Previous Unauthorised Development: We note the policy provisions for the extractive industry. The county council will be aware that there has been significant unauthorised development in this sector. This continues to remain very problematic. It is submitted therefore that a policy provision be inserted which prevents further grants of planning issuing in circumstances where there has been unauthorized development. This might read like: ‘To only permit further quarrying where it is clearly demonstrated that an applicant is in full compliance with existing planning consents. Moreover, to ensure that the environment and the community are adequately protected, the authority shall not grant further planning consents in circumstances where the applicant has a history of working unauthorised developments’.

Procurement of products or services from applicants who operate unauthorised developments: Unauthorised developments in the extractive / quarry industry remain a serious issue. Of concern is that statutory authorities continue to purchase products or services from them, which is extremely problematic and unethical. An appropriate policy objective addressing this problem would therefore be most welcome and progressive. It is recommended therefore that a policy objective along the following lines be included in the new county development plan: - ‘It shall be the policy of the County Council to only purchase aggregate or engage the services of quarry operators that are fully compliant with ALL of their planning conditions including financial conditions. It shall also be the policy of the County Council to avoid purchase of aggregate or procurement of services from any operator (including from other companies whose directors or shadow directors who have had a history of working unauthorised developments) who is to its knowledge extracting from an unauthorised development in the county or in other counties upon notification to it of such unauthorised activity’.

Planning Authority taking a position on unauthorised developments: It has been our experience that the County Council frequently grant planning consents for retention of unauthorised quarry developments, while at the same time refusing permissions to legitimate applicants in rural areas. To add insult to injury, when a 3rd party quite reasonably appeals the decision to grant permission to an unauthorised quarry development, it has been our experience that the County Council further supports and encourages An Bord Pleanála to grant permissions to such developments in circumstances where they clearly should not; such as where there has been a long history of non compliance and unauthorised development giving rise to sever public nuisance). A policy objective is now needed to prohibit this unethical practice. A policy might read as follows: - ‘Where it can be demonstrated that there has been significant unauthorised development by any quarry operator, it shall be the policy of the planning authority to avoid taking any further position on the matter in circumstances where the matter is being determined by An Bord Pleanála’.

Conflict of interest: On occasion a planning authority (in this case the County Council) receives an application from a quarry operator with whom they have in the past or are currently trading. It stands to reason that an authority that finds itself in such a position should recues itself from presiding over a determination on such an issue and should be obliged to refer it to An Bord Pleanála. A policy objective on this issue would be most welcome and it might read like: - ‘Where the planning authority receives an application from an entity with whom it has trading relations, it shall be the policy of the authority to recues itself from any future determination of the file and to refer the matter to An Bord Pleanála for its determination on the issue’.

Quarry Density in a given area: The county has suffered greatly from an over development of quarries. This area is identified as a strong rural area.

A policy objective curtailing overdevelopment of quarries in a given area would be helpful to promote sustainable planning. A policy could read as follows: ‘It shall be the duty of the planning authority to assess all quarry applications in the context of all other developments (both authorised and unauthorised) that are operating in the same area. The amenity of the people in the area shall be considered together with the environmental impacts of cumulative operations in the same area and who use the same road network. It shall be the policy of the County Council to limit the development of quarries in any given area’.

Constant extraction of finite resources such as minerals is not sustainable in the long term. Future generations will not thanks us if we leave them with no resources. It follows that the current generation must be prudent in its use of resources so as to preserve for future generations to come. In this context, it would be helpful if there were a policy provision to that effect. This might read: ‘To balance the current need for resources with the need to preserve and conserve finite resources for the generations that follow.’

Villages: in general, villages in Ireland have had housing developments appended to them in brash zoning and poor design. This contrasts poorly when compared with the UK, where in general, the character of their villages has been protected where such developments would be considered an anathema to good planning. Much more careful attention should be given to this issue and a policy enshrined in the County Development Plan would be helpful.

Land banking: In recent years we have credible evidence of large amounts of agricultural land being bought up by large-scale quarry operators for possible future exploitation. This is having the effect of outbidding legitimate farmers and depriving them of the ability of acquire land affordably. It is also a cause of concern for neighbours of such lands in that they cannot now plan for the future in that there is a big question mark over the future of the landscape. Indeed most modern quarry applications usually envisage leaving large water bodies/ lakes in the wake and have coined the term ‘beneficial ecological after use’ which is of course utter nonsense and nothing but an excuse to avoid reinstating to agricultural use. It is therefore submitted that a policy be drafted to help protect such lands as agricultural lands. This might read something like: - It shall be the policy of the County Council to favor the use of prime agricultural lands for that purpose; i.e. agricultural use in preference to other forms of development and to seek to only work aggregates from lands that have limited agricultural value and where the rock is available over ground; typically in mountainous and less populated areas of the country.

Eskers: In the space of a couple of generations, much of Irelands important eskers have fallen victim to the extractive industry. Eskers are a valuable part of the Ireland’s landscape. It is important therefore that we see ourselves as the custodians of the landscape and take steps to protect the remaining eskers for future generations.

It is therefore submitted that a policy be drafted to help protect the counties remaining eskers. This might read like: - It shall be the policy of the County Council to safeguard those eskers that have survived and to protect them for future generations.

Regulation of Quarries: There has been a complete lack of regulation of the quarry sector with far too much left up to discretion and human error. In the past we have witnessed erroneous depths to which quarry was permitted which by for example the omission of a 4 before a 7 having regards permitted aOD. This had the effect of permitting a quarry to descent to 7m aOD rather than 47m aOD. It should be noted that in that instance the original planning consent was to permit quarrying to 62m aOD from a base level of c85m aOD. The county development plan should therefore set some parameters. The following wording is suggested: - ‘It shall be the policy of the County Council to regulate the extractive industry in the interests of public safety, public amenity and sustainable development. Planners shall be guided by the following limits though there will be many instances where developments will need to be kept well within these limits. 

1. Maximum depth to which quarrying is permitted in the county is: to remain 1.5 meters above the water table (to protect groundwater aquifer together with private wells and water supply.
2. Maximum duration of permission for any quarry development shall be 15 years in the case of a green field site with a maximum of 6 years for any subsequent applications for extensions.
3. Set back of a quarry development from a public road shall be a minimum of 60 meters (in the interest of health and safety.
4. Set back of a quarry development from a salmonid watercourse or river containing trout shall be a minimum of 40 meters.
5. There shall be a maximum permitted noise level of 50 dB(A).
6. There shall be a maximum permitted dust level of 130mg/ m²/day,
7. There shall be a maximum permitted vibration level not exceed a peak particle velocity of 12 mm/sec PPV, and air over-pressure values shall not exceed 125 dB (Lin) max peak, when measured at any noise sensitive location within the surrounding area.
8. There shall be a maximum of one blast per month in any one area irrespective of the number of quarries in that area.
9. All quarries shall be monitored for Dust, Air Overpressure, Water quality, Wells, etc by the authority or an independent 3rd party and conducted at a minimum of by monthly intervals.
10. Truck movements shall be monitored at all quarries so that an exact log of truck movements is maintained.

Over the last two centuries, as a species we human beings have continually plundering our planet for self-enrichment of a minority of people. During the last 50 years the plundering of the planets natural resources has been insatiable. Here in county level it has been particularly sever. Eskers and other landmarks that had survived for millennia disappeared to supply various developments. Sadly much of this was unauthorised and the statutory authorities that should have prevented it, failed to take appropriate action to stop this destruction. We must be conscious of the fact that we are only here for one generation. The generations that follow will have much cause to bemoan our generations insatiable demand for short term growth and prosperity and our utter lack of respect for the environment and country in which we live.

The QUARRY SECTOR

We have observed a submission from Roadstone Ireland, which makes various statements, which we cannot allow to go unchallenged.

They state: “it is important to ensure that the future interpretation of CDP policies does not result in the sterilisation of aggregate and related resources and does not prevent the secure, long-term supply of construction aggregates, and value-added products such as concrete products and road making materials. As stated, Policy RD P8 and Objective RD 037 is welcomed in this regard.”

[Emphasis added]

This is ludicrous. Conservation of aggregates together with important landscape features is essential for future generations.

They state: “Due regard should be given to the fact that the county has significant but finite mineral resources, and it should be the aim of the proposed CDP to safeguard areas of significant resources from incompatible developments to ensure the continued viability of the extractive industry, whilst of course, ensuring that environmental, rural, scenic, and residential amenities are protected. There is a need to safeguard valuable un-worked deposits from permanent development that would prevent or hinder their future extraction and thus appropriate control measures should be put in place to avoid such a scenario. Policy RD P8 and Objective RD 037 is welcomed in this regard.”

[Emphasis added]

This is self-serving and aims to secure the ‘finite’ resources for themselves and not for future generations. For Roadstone to allude to protection of the environmental and to scenic and residential amenities is frankly absurd when we see the state of the Hill of Allen. The condition of the Hill of Allen is frankly an appalling indictment of the disregard, which the extractive industry has demonstrated towards Irelands heritage.

They then state that the County Council should mark out a map where these aggregates are so that they aren't developed upon and say “Under other planning systems (including England and Wales), this is standard practice and is referred to as the ‘safeguarding of reserves’. Guidance on the planning for mineral (aggregates) extraction in plan making and the application process defines the purpose of safeguarding as follows, “Since minerals are a non-renewable resource, minerals safeguarding is the process of ensuring that non-minerals development does not needlessly prevent the future extraction of mineral resources, of local and national importance.”

“In accordance with the above approach, Roadstone Ltd. would suggest that the CDP highlights areas containing proven deposits on an appropriate map, in order to protect them from the future development of incompatible land use. The adopted CDP should ensure that the extraction of aggregates can take place in suitable locations where the resource exists.”

[Emphasis added]

They fail to state that reserves are so depleted in the UK that an aggregate tax was introduced to try and arrest the problem.

They also fail the state that dredging of estuaries for sand and gravel is now commonplace.

They further fail to state that a large amount of concrete product is in fact exported from Ireland to the UK. This contains Ireland’s ‘finite’ aggregate resources.

We would fully support mapping out reserves of aggregate; not for the purpose of reserving them for the extractive industry, but for the purposes of conservation for future generations and also to preserve irreplaceable features within the landscape.

They state: “It is submitted that the Council should have due regard to Roadstone Ltd.’s property assets within the county.”

[Emphasis added]

It is impossible to reconcile this to the utter destruction of the Hill of Allen. Does commercial property interests trump Irelands landscape and cultural heritage?

They make the following submission re road usage: “RD O36 Require road re-instatement work to be on-going during operations, in the interests of road and traffic safety. Works undertaken to re-instate/improve the public road should be undertaken by the quarry developer or paid by them, in line with road usage, and completed by the Council.”

This is absurd. A fully laden truck does far more damage to the road network then any amount of cars. It follows that the tab for the lion’s share of road upkeep and maintenance should be carried by the extractive industry and or other operators of HGV’s. In essence, they want to covet all the reserves of aggregate for themselves and avoid paying for as much road upkeep as possible.