South Donegal quarry makes fresh bid to regularise operations 

A south Donegal quarry under investigation by the County Council has applied to regularise development works found to be unauthorised.

Patrick McCaffrey & Sons Ltd has lodged an application with An Coimisiún Pleanála for substitute consent at its long-established construction materials site at Ballymagroarty Irish and Glasbolie, Ballintra.

The application, made under Section 177E of the Planning and Development Act 2000, relates to historic quarrying and the processing of asphalt and concrete products at the site.

It follows a Section 5 referral by the local authority, which led the planning authority to rule that ongoing quarrying activities at the site constitute “development” under planning legislation.

Quarrying at the site dates back to the 1940s, with intensified activity from the 1980s. While the southern quarry was largely exhausted by the late 1980s, a second area - the northern quarry - was developed and used until 2013. 

Since then, the company has relied on imported rock, using the site primarily for concrete and macadam production.

The company is now seeking retrospective planning permission for past quarrying and manufacturing activities carried out without full planning consent.

A previous application for substitute consent was dismissed in 2017 due to technical issues regarding the site boundary. That decision was challenged by way of judicial review, but the High Court upheld An Bord Pleanála’s (now An Coimisiún Pleanála) handling of the case.

This latest application is accompanied by a remedial environmental impact assessment report (rEIAR) and a remedial Natura impact statement (rNIS), both intended to address environmental impacts and ensure compliance with EU directives.

The company argues that “exceptional circumstances” justify the application, citing the historical use of the site, ongoing efforts to regularise planning, and the existence of environmental licences, including water discharge and air emissions permits.

The application seeks to regularise past quarrying and allow the continued importation and processing of aggregates for export or for use in the on-site manufacture of macadam and concrete. It does not propose any future development or expansion.

A document lodged with the application states that the consent is sought solely to address past planning irregularities linked to historical ancillary manufacturing activities.

It notes: “As quarrying overwhelmingly finished over a decade ago (2013), save for some very minor works, the site has relied on imported rock which is processed on site and used for the applicant’s needs, primarily the ongoing use of concrete and macadam/asphalt manufacturing, as well as re-export as aggregate products.

“As no new works are being proposed, the continued use of the site uses is sought for a 30-year period, to be followed by restoration of the remaining site area thereafter.”

The 33.9-hectare site, located 2.7km south of Ballintra, includes an extraction area of 10.6 hectares.

P McCaffrey & Sons had relied on pre-1963 consent for its operations, but An Bord Pleanála found that significant quarrying took place without the required permissions.

In 2014, the company sought substitute consent for the northern quarry area only, but the application was dismissed in 2017 as it did not cover the entire site.

An earlier application in 2003 for the retention, extension and completion of works was also refused. At the time, the Board said the public notices and drawings failed to adequately describe the development and that there was insufficient information on its nature and extent.

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The Board determined that development had taken place after 1 February 1990 and after 1 March 1997 – triggering requirements for an environmental impact assessment and an appropriate assessment, respectively. These were not carried out.

An inspector’s report concluded that the quarrying activities - including limestone extraction, material processing and concrete production - required environmental assessments that were not undertaken.