This article is from page 13 of the 2008-08-12 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 13 JPG
A LOCALLY-BASED environmen- tal group has instituted High Court proceedings against plans by Whelan Limestone Quarries Ltd to expand their flagship operation at Fountain outside Ennis.
This follows the Cairn Environ- mental Protection Group Ltd insti- tuting judicial review proceedings against An Bord Pleanala over deci- sions 1t made to give the go-ahead for three separate developments at the large-scale quarry.
In the proceedings, the Environ- mental Group of Bushy Park, Ennis, is seeking that decisions granting permission relating to the continu- ation of quarry operations; the up- grading of the road entrance and the extension of the landholding for the purposes of relocation and upgrading of the polishing area for the quarry, be overturned.
Already, An Bord Pleanala has dismissed one appeal by Cairn En- vironmental Protection Group Ltd and granted permission for two other AAA aed E-ReMeCoaKo) eo) eeToOL AE
It is not expected that the proceed- ings being instituted will have any material effect on the Whelan opera- tions prior to a court decision being made.
In an affidavit lodged to court, local resident and director of the company, Michael Halpin states that “since the date of its incorporation, the compa- ny and its members have been partic- ularly concerned with the activities of Whelan Limestone Quarries Ltd and the planning status of that com- pany’s quarry and source of stone”.
Mr Halpin states, ““We have made
numerous complaints to Clare County Council about the lack of planning permission for large tracts of Whelan’s quarry and partaken in a number of applications made by Whelans at both council and An Bord Pleanala level.
‘Moreover, we made a complaint to the Commission of the European Community about the manner in which the planning status of Whe- lan’s was being dealt with and the European Court of Justice delivered a judgement in our favour on July 3 last which dealt with the complaint.”
The environmental group are seek- ing to have the decisions quashed based upon an alleged procedural er- ror by Clare County Council in deal- ing with one of the applications.
Mr Halpin contends that An Bord Pleanala is precluded from consider- ing the appeals before it as the plan- ning application by Whelan’s must as a matter of law be declared and deemed to be withdrawn. Mr Halpin is also seeking that “pre-emptive cost orders” be put in place to ensure the company is able to bring proceedings at a cost which is not prohibitive.