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"Companies Like Kilsaran Not Bound By Planning Regulations" - Action Group

Image: Kilsaran Logo @Kilsaran/Twitter

The Ballyshannon Action Group are seeking a judicial review of a decision to allow a quarry on greenfield site.

Private citizens are bound by county planning regulations but companies like Kilsaran do not seem to be held to the same standards, according to the Ballyshannon Action Group.

The community group in Co. Kildare are seeking to challenge an An Bord Pleanala decision to allow a large quarry to proceed on a greenfield site in a rural, residential area close to homes, farms, stud farms and two primary schools.

If allowed to proceed, the Racefield quarry will be Kilsaran’s fourth quarry surrounding the  town of Kilcullen.

Kildare County Council refused planning permission to Kilsaran Concrete for the 32.2 hectare quarry development at Racefield, Ballyshannon, on several grounds in November 2019.

The reasons included traffic hazard and public safety on local road network and loss of amenity to the area.

The group says An Bord Pleanala's own Inspector also recommended refusal, saying the development would “seriously injure the amenities of properties in the vicinity by reason of traffic, noise, air quality, visual impacts and general disturbance.”

However, the Bord ignored this recommendation and issued a decision on the appeal on 10 June 2021, allowing for the quarry to proceed.

The Ballyshannon Action Group, have now launched proceedings at the High Court, seeking a judicial review of the decision.

The case first came before the courts in late October when the judge put the Leave Application on Notice and it was adjourned until, Tuesday 7 December 2021.

A spokesperson for the Ballyshannon Action Group said: “This development, at this location is not only extremely poor planning, but downright dangerous and that is not just our opinion, that was also the conclusion of Kildare County Council and An Bord Pleanala’s own inspector.

"If this quarry is allowed to proceed, people across Ireland should be on notice that the county development plans and planning regulations, which are meant to protect areas from unsustainable, dangerous developments such as this, are really worthless; and while we as private citizens may be bound by them, companies like Kilsaran do not seem to be held to the same standards.”

The Ballyshannon Action Group are seeking permission from the High Court for a Judicial Review of An Bord Pleanala’s decision regarding Racefield, on a number of legal grounds, and have highlighted the planning authority’s failure to explain why it chose to disregard the conclusions of its own inspector and Kildare County Council on key concerns.

Broadcaster and keen horse woman Tracy Piggott commented: "The equine industry has sustained jobs and families in this county and beyond for generations. I was very sorry to hear that Kilsaran had been given permission to proceed with its plans for a fourth quarry in this area at Racefield in Ballyshannon -a site ironically steeped in racing history."

There has also been strong, cross-party, political support for this campaign from local councillors, TDs and Senators, including Minister of State Martin Heydon T.D.,Senator Mark Wall, Senator Fiona O’ Loughlin and Cathal Berry T.D.

 

 

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