Victory for locals as Kildare quarry decision overturned in High Court

The High Court in County Dublin. File photographplaceholder image
The High Court in County Dublin. File photograph

An Coimisiún Pleanála previously gave Kilsaran the green light to construct a quarry in Ballyshannon in 2021, despite numerous objections

The decision to grant planning permission for a 32.2-hectare quarry in County Kildare has been overturned in the High Court. 

Ballyshannon Action Group had previously been given leave to proceed in their request for a judicial review of the decision by an An Bord Pleanala decision (now known as An Coimisiún Pleanála; ACP) to allow a large quarry to proceed on a greenfield site.

According to the group, the development would intrude on a "rural, residential area close to homes, farms, stud farms and two primary schools". Biodiversity concerns were also flagged by the group.

Reacting to the High Court's decision, a spokesperson for Ballyshannon Action Group said: "We are overjoyed by this decision by the High Court to quash planning permission for this quarry.

"For almost six years now, we have been fighting to protect this rural residential community from this inappropriate development.

"It is such a relief for us all to know that our concerns have been listened to and that sense has prevailed.

"We would like to thank all of the members of the community who have supported us along the way."

They concluded: "After such a long time with the uncertainty of this hanging over all of us, locals here now have some peace of mind that our local environment and rural way of life is protected." 

The case has now been sent back to ACP for reconsideration. 

BACKGROUND

Kildare County Council initially refused planning permission to Kilsaran Concrete Unlimited Company (also known simply as Kilsaran) for the 32.2 hectare quarry development at Racefield, Ballyshannon, on several grounds in November 2019.

These grounds included concerns relating to traffic hazard / public safety on the local road network and the loss of an amenity to the area.

However, ACP issued a decision on the appeal on June 10, 2021, allowing for the quarry to proceed.

This prompted Ballyshannon Action Group to seek a judicial review of the decision, and the case first came before the courts in late October 2022.

As noted by the group, if the project was allowed to proceed, the Racefield quarry would have been Kilsaran’s fourth facility surrounding the town of Kilcullen.

Kilsaran also made headlines last month when it submitted a planning permission application to Kildare County Council.

The company was seeking to extend a sand and gravel pit located at its Corbally site.

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