Section 261A: Substitute Consent and Quarries Posted on 20/02/2012 08:43:29 SCSI hosted lecture by Philip Jones (An Bord Pleanala) and Tom Flynn (Barrister) on aspects of the new Section 261A and the substitute consent process
Section 261A: Substitute Consent and Quarries
Date: 24th February 2012
Time: 5.00pm - 6.00pm
Venue: Society of Chartered Surveyors Ireland Office, 38 Merrion Square, Dublin 2
Cost: Free, open to all
CPD Hours: 1
Event Content:
‘A number of new legislative provisions in relation to quarries have recently been commenced. These provisions are contained chiefly in the Planning and Development (Amendment) Act 2010 and the Environment (Miscellaneous Provisions) Act 2011, relevant provisions of which were commenced on 15 November 2011.
Under these new proposals local authorities are currently examining all quarries in their functional area (Section 261A). They will be obliged to make a determination, by August 2012 at the latest, on the planning status of each quarry and where it appears that a quarry is in breach of the new planning rules, an enforcement order can be served forcing the quarry to close. In particular the local authorities will be compelled to assess if an environmental impact assessment or appropriate assessment should have been carried out in respect of a quarry, but was not. In certain circumstances owners or operators of quarries will issued with a notice directing them to apply to An Bord Pleanala for Substitute Consent in respect of their quarries under Section 177E, not later than 12 weeks after the date of the notice, or such further period as the Board may allow.
There will be significant challenges for some quarry owners and operators who will be faced with strong new legal requirements that will impact directly on their planning status and could threaten them with closure.
To address these new challenges, Society of Chartered Surveyors (Minerals Division) is organising a seminar on the new legislation. The seminar will be addressed by a Barrister of Law, to discuss the legal provisions, as well as a representative from An Bord Pleanala who will discuss the new Substitute Consent provisions.’
Speaker Details:
Philip Jones is Assistant Director of Planning with An Bord Pleanala. Philip has a Master’s Degree in Urban and Regional Planning and a Diploma in Legal Studies. He is a fellow of the Irish Planning Institute, and served as its President for two terms in 1999 – 2001. Philip has 32 years’ experience as a spatial planner in a variety of public sector organisations, having served as City Planner for Waterford City for 6 years, County Planner for Kildare County Council for 13 years, and has worked with An Bord Pleanala since 1999, initially as Senior Planning Inspector and, since 2007, as Assistant Director of Planning.
Tom Flynn is a practising barrister on the Dublin and Midland Circuits specialising in local government planning and environmental law. He is assistant editor of the Irish Planning and Environmental Law Journal a contributor to the Irish Planning Law Factbook and has lectured and written widely on the topics of planning and environmental law. He is author of Environmental and Planning Law which is due for publication by Thompson Reuters in mid 2012
