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High Court dismisses an appeal by a quarry owner challenging the decision of An Bord Pleanála, which had affirmed a local authority's determination that the quarry did not commence operations prior to October 1, 1964. The court also held that the Board's decision was procedurally correct and offered clear reasons, despite the quarry owner's discovery of new evidence post-decision. The constitutional challenge to the enforcement notice was dismissed due to insufficient specificity in the pleadings and a failure to demonstrate that the quarrying activities were lawful without the challenged provisions.
Quarry operations, pre-1964 development, An Bord Pleanála, Meath County Council, s.261 Planning and Development Act 2000 (PADA), s.261A PADA, Environmental Impact Assessment (EIA), enforcement notice, certiorari, substitute consent, aerial photography, legitimate expectation, retrospective penalization, constitutional challenge, locus standi, property rights, planning permission.
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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