Kildare community in 'limbo' over quarry objection

The move by a High Court Judge to the Court of Appeal a year ago has left the campaign by the community of Ballyshannon near Kilcullen against the imposition of a quarry in their area ‘in limbo’.

The AGM of the Ballyshannon Action Group heard that the "moving on" by Mr Justice Charles Meenan now has their legal team trying to find out from the Department of Justice what happens next for their application for a judicial review of an Bord Pleanála decision to allow Kilsaran open the quarry on a local farm.

Justice Meenan had previously been the High Court judge considering the judicial review application. In 2022, he postponed a ruling on the matter, pending the outcome of an unrelated case at the Court of Justice of the European Union (CJEU) on the standing and capacity criteria for environmental NGOs, the answers to which could have a bearing on the case.

That EU clarification has since been settled, the AGM meeting heard. 

“At the moment there is no decision on our judicial review,” Jim Burke said. “In the meantime, Justice Meenan has moved on, and our legal team is trying to find out what’s next.”

He said there could be another ‘two or three years’ of the campaign, and he thanked the committee, local people, and public representatives for their continued support. 

“The most important thing is to keep talking about Ballyshannon, keep talking about Kilsaran. Let everyone know that we are not going to go away.”

Ballyshannon Action Group was founded in 2019 in response to a planning permission application by Kilsaran to create the quarry on a farm the company had acquired at Racefield.

Initial planning permission was denied for the development by Kildare County Council, but later successfully appealed by Kilsaran to an Bord Pleanála.

At the AGM, support for the campaign was reiterated by local representatives in attendance.

Senator Mark Wall said the community needs ‘to stay steadfast’ and that they were entitled to be able to live in their rural area without the disruption that the Kilsaran plan would cause.

“It is most important that the community will stand together,” he said. “And we will be with you as long as it takes.”

Cllr Ivan Keatley echoed those sentiments and congratulated the group for staying with their campaign.

He noted that there are many positive things going on in the community, citing the Biodiversity Study which was also launched at the AGM.

“Keep doing things like that,” he said, adding that work is continuing on establishing safe routes to school, and to provide a walkway between Ballyshannon and Calverstown for which the results of a feasibility study will be coming soon.

Deputy Patricia Ryan of Sinn Féin also addressed at the meeting. Speaking afterwards, she said: "The fact that the judicial review process hasn’t moved since 2022 is unacceptable, a new judge must be appointed sooner rather than later to give the people of Ballyshannon a proper hearing."

Secretary of the group Sarah Burke gave the meeting a summary of the just completed Biodiversity Action Plan for the area, carried out by ecologist Dr Catherine O’Connell.

The plan details the status of 14 habitats and proposes 71 biodiversity enhancements for the area.

Those enhancements include changes to mowing practices, investing in technology to preserve the quality of local streams, planting new hedgerows and greening walls and buildings in the area with climbing plants.

Further technical surveys to establish baseline air quality, and to assess tufa features, are suggested, as is training in home composting, and the conducting of citizen science surveys.

A number of sustainability measures are also suggested, and the removal of two invasive species in the neighbourhood. The full study is available on the group’s website.

Following the AGM, Jim Burke is staying as chairman, Anna Sage remains as treasurer, and Sarah Burke has stepped down as secretary, replaced by Shona O’Rourke. The committee otherwise remains as before.