Kildare community awaiting High Court decision on quarry

A Kildare community group is still awaiting a High Court decision over whether a greenfield area is set to become a quarry.

For a number of years now, Ballyshannon Action Group have been awaiting a decision by the High Court as to whether the group has the right to challenge an An Bord Pleanala decision to allow a large quarry to proceed on a greenfield site in this rural, residential area close to homes, farms, stud farms and two primary schools.

Kildare County Council refused planning permission to Kilsaran Concrete for the 32.2 hectare quarry development at Racefield, Ballyshannon, on several grounds in November 2019, including traffic hazard/public safety on local road network and loss of amenity to the area.

An Bord Pleanala's own Inspector also recommended refusal, saying the development would “seriously injure the amenities of properties in the vicinity by reason of traffic, noise, air quality, visual impacts and general disturbance.” Yet, the Bord ignored this recommendation and issued a decision on the appeal on June 10th 2021, allowing for the quarry to proceed.

Ballyshannon Action Group will use their 2024 AGM tonight on Wednesday (8pm in Ballyshannon Community Hall) to highlight the group’s work to protect biodiversity in the Ballyshannon area over the last five years, as it launches Ballyshannon’s first Community Biodiversity Plan.

This new plan for Ballyshannon, was compiled by Ecologist Dr Catherine O'Connell, who has studied the area over the last year and given talks on her findings.

The plan was made possible by the awarding of a grant of €5,500 from Community Foundation Ireland to the Ballyshannon Action Group towards the cost of developing such a Biodiversity Action Plan for the area.

Ballyshannon Action Group were among a number of Kildare community groups to have been awarded grants by Community Foundation Ireland this year for this purpose.

“This report features in-depth information from Dr O’Connell about biodiversity features of interest in terms of flora, fauna and habitats associated with Ballyshannon and makes recommendations on each habitat area surveyed, enabling our community to take positive actions to maintain and enhance biodiversity in the area,” a spokesperson for Ballyshannon Action Group said.

Ballyshannon Action Group was formed by local residents and business owners in response to the quarry plans in the area in 2019.

Since its establishment this group has organised several community initiatives and events, including regular clean ups, community walks, historical talks, Quizzes and various fundraisers.

The Ballyshannon Action Group then launched legal proceedings seeking a judicial review of the decision at Racefield, Ballyshannon.

The case first came before the courts in late October 2022 when the judge put the leave application on notice and it has since been adjourned on a number of occasions.

The Ballyshannon Action Group are seeking permission from the High Court for a Judicial Review of An Bord Pleanala’s decision regarding Racefield, on a number of legal grounds, and have highlighted the planning body’s failure to explain why it chose to disregard the conclusions of its own inspector and Kildare County Council on key concerns. The group is represented by Aoife O’Connell of O’Connell & Clarke Solicitors, who specialises in planning and environmental law.

If allowed to proceed, the Racefield quarry will be Kilsaran’s fourth quarry surrounding the small town of Kilcullen, Co. Kildare. The company has also amassed a large landbank in the locality of more than 500 acres.

There are fears that this new quarry development at Racefield, Ballyshannon, which will involve quarrying both above and below the water table, will jeopardise local wells, groundwater and the water table more generally in this area of Kildare.

There are major concerns too as to the impact such as development could have on this area's rich biodiversity.

According to Kilsaran's own consultants there is evidence of 4 different types of Bat species with a high level of activity on the Racefield site, 11 potential badger setts with one active sett noted, 35 bird species recorded with 10 of these species recorded of ‘conservation concern,’ and 8 on the red and amber listed species considered to be 'probable' or 'confirmed' breeders within the site and almost 2km of native, ancient hedgerows which would be destroyed.

The Ballyshannon Action Group YouTube video: https://youtu.be/NDqONscFdV8 For more information/images see: Ballyshannon Action Group on Facebook, Twitter @Ballyshannonac1 and Instagram.