This article is from page 14 of the 2006-03-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
THE Irish Concrete Federation (ICF) has secured High Court judicial review proceedings against Clare County Council’s contentious Development Contribution Scheme.
As a result, a freeze has been imposed on any development charges that the council has imposed on quarry operators who have secured planning permission since the High Court granted the judicial review.
Last month, the council ordered that Whelan Limestone Quarries Ltd pay €239,000, as a result of securing a large-scale extension to its Fountain operation.
The payment is now frozen, though a final decision has yet to be made on the application as all parties have appealed the decision to An Bord Pleanala.
The chief executive of the ICF, John Maguire, confirmed that the Federation had secured High Court judicial review proceedings.
It is the second challenge to planning related issues against Clare County Council in the space of 12 months. Last year, the Whelan Group was successful in a High Court action to have Cahercon pier de-listed on the Clare County Development Plan.
It is understood that the basis for the ICF action is not charges, but the lack of consultation carried out by Clare County Council in establishing the charges.
The ICF is also taking action against Louth County Council on similar grounds.
Grounding affidavits have been lodged with the High Court and the case is expected to come before the High Court before the Summer.
The ICF is expected to tell the High Court that it wasn’t consulted at all by the council on the charges being set. The practice with other local authorities was to provide for a six week consultation period after setting the charges for each sector.
Mr Maguire said that the charges set by Clare County Council in relation to quarries were higher than average, pointing out that a small number of local authorities set no charges against quarries.
The council’s Director for Planning, Bernadette Kinsella, told The Clare People that she could “confirm that the ICF have initiated High Court judicial review proceedings in relation to our Development Contribution Scheme.”
She declined further comment.