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High Court, in planning and development judicial review proceedings challenging the planning board's decision on appeal to direct a quarry operator to apply for substitute consent, refuses to quash the board's direction, on the grounds that: the fact of a quarry's 'pre-1964 user' status alone is insufficient to absolve it now from having to comply with domestic and European planning laws, and in particular environmental and habitats EU Directives surrounding planning permission; and substitute consent and domestic legislation implementing EU Directives is not unconstitutional on fair procedure grounds where the applicants were given an opportunity to make submissions regarding the board's direction on the quarry's status.
Judicial review - planning and development - planning board's decision directing quarry operators to apply for substitute consent - pre-1964 user - habitats directive - environmental impact directive - development consent - constitutionality of legislative provision providing for review of substitute consent obligation - commencement of quarry operations prior to 1964 does not automatically render quarry immune from EU directives - certiorari - environmental impact regulations - Ireland's transposition of Directives - legislative requirement to provide planning authority with quarry information - quarry registration - quarry conditions - planner's report - planning inspector's report - board's reasons for confirming planning authority's determinations in respect of substitute consent - whether quarry which has stayed within its pre-1964 user is immune from impact of EU Directives - whether development consent already granted - whether a finding has been made that quarry represents unauthorised development - whether inadequate fact finding and reasons provided - constitutional fair procedures - whether a failure to invite submissions on pre-1964 user - 'pipeline' cases exception - questions raised - requirement to interpret domestic legislation in light of EU law requirements - decision-maker in respect of substitute consent direction is to address its mind to precise legislative question set out - direction to apply for substitute consent does not amount to a finding of 'unauthorised development' - imposition of planning conditions on quarry cannot preclude subsequent amendments in accordance with legislation - legitimate expectation - estoppel - regime of substitute consent designed to bring quarry regulation into conformity with EU Directives - opportunity to make submissions provided by planning authority
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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