The High Court has refused an application by Hanly Quarries Limited to pause planning enforcement proceedings brought by Lagan Asphalt Limited over quarry activities near Elphin, County Roscommon.
The proceedings concern quarrying that includes concrete batching and bitumen manufacturing. Lagan alleges that the erection and operation of a bitumen plant is unauthorised development. It also alleges a breach of Hanly Quarries’ air emissions licence. The judgment records that these objections were brought together despite arising under separate statutory schemes.
Hanly Quarries contends that the bitumen plant replaced plant covered by an earlier planning permission and is therefore exempted development. The parties agreed that the replacement plant is about 440 metres from the plant it replaced. The High Court has not determined whether the development is authorised, exempted or in breach of the licence.
Before the court proceedings began, Lagan’s solicitors complained to Roscommon County Council, asking it to investigate and take necessary action. The council had not notified a substantive decision by 5 July 2021. Hanly Quarries sought a stay or general adjournment until the council’s investigation was concluded, arguing that parallel processes risked conflicting conclusions and that the council’s view could assist the court.
Justice Garrett Simons rejected those arguments. He said the court alone determines whether development is authorised or unauthorised in section 160 proceedings, and that the planning authority’s opinion does not determine that issue. He also considered a stay disproportionate: delaying the proceedings for months would undermine the purpose of the summary enforcement procedure and public participation in planning enforcement.
The judge said the council could still bring its own enforcement proceedings or seek to join the existing case as co-applicant. A decision by the council not to take enforcement action would not affect Lagan’s right to continue.
The stay application was refused. The case was listed for case management on 12 July 2021, with the intention of setting a timetable for evidence and written submissions ahead of a full hearing on 31 August 2021. Those dates describe the intended next steps; the judgment does not decide the underlying enforcement claims. The judge’s provisional view was that Lagan should recover its costs of the stay application, with any contrary submissions to be made at the next listing.