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21/10/2021

Donegal quarry decision overturned after appeal supported by hundreds of residents

An Bord Pleanála refuses permission due to ‘unacceptable risk of environmental pollution'

An Bord Pleanala has refused planning permission for the demolition of an old house and construction of a new house  in Kilkenny city

Appeals against the decision were lodged by An Taisce as well as Raphoe Community In Action supported by the names of more than 400 residents

Planning permission for a quarry has been refused after an appeal was lodged on behalf of hundreds of Donegal residents.

An Bord Pleanála has ruled that the proposed quarry near Raphoe would be at risk of  causing environmental pollution and could have adverse effects on two special areas of conservation.

Patrick Bonar had applied for permission for a quarry at a site in the townlands of Magherasolis and Craig near Raphoe.

Donegal County Council granted planning permission with 24 conditions last September.

Appeals against the decision were lodged by An Taisce as well as Raphoe Community In Action supported by the names of more than 400 residents.

Concerns raised by residents included that noise and rock blasting would have significant impacts on locals, health risks would arise from dust emissions and the local road serving the site would not have the capacity to serve the development.

In his report, the board’s inspector noted that the High Court had issued an interlocutory injunction to Donegal County Council restraining Mr Bonar from carrying out unauthorised quarrying at a quarry at Calhame near Letterkenny. The inspector said that as the final determination of the legal case was pending, it cloud be relied upon to “provide sufficient justification that the applicant has failed to comply with the conditions of a previous permission and, therefore, to substantiate that real or substantial risks would arise from the subject development on the basis of the applicant’s previous actions”.

In its direction, the board said the applicant had not demonstrated adequate proposals for the proper and satisfactory management of surface water, and the proposed development would pose an unacceptable risk of environmental pollution and be contrary to the proper planning and sustainable development of the area.

The board said it could not be satisfied that the development, on its own or in combination with other plans or projects, would not result in adverse effects on the  Foyle and Finn special areas of conservation. 

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