The High Court has ruled that two lakes at a quarry near Rathmoylan, County Meath, cannot practicably be drained and filled, and must be incorporated into the site’s remediation plan. The court also found that no further screening report was required on possible effects of the unauthorised development on the River Boyne Special Area of Conservation (SAC).
The judgment, delivered by Mr Justice Michael White on 24 November 2020, follows the court’s 2016 decision concerning development at the quarry contrary to planning permission. The court appointed RSK as an expert to assess remediation and possible effects on neighbouring land and the SAC. The present judgment deals with outstanding remediation issues; the detailed method statement and final order were still to come.
On the SAC issue, the applicant argued that the expert reports might not provide enough information for the court’s screening assessment. The respondent said RSK had completed the required screening and testing. The judge accepted RSK’s 2018 report as meeting the standard for an appropriate-assessment screening. It reported some groundwater results above screening values, including hydrocarbons near a fuel and oil storage area and marginal copper and nickel levels, but found surface-water results below the relevant values. The court concluded that quarrying was unlikely to have significantly affected groundwater or surface-water quality and that there was no risk to adjoining landowners or the River Boyne SAC from the unauthorised development. It found no need for further screening reports.
RSK’s 2019 pumping tests found that ordinary pumping from pits or sumps was unlikely to drain Lakes 1 and 2 because of groundwater continuity and permeable sand and gravel beneath them. Other methods were described as prohibitively expensive and potentially difficult to discharge without environmental effects. The court held that filling the lakes was not practicable under section 160(1)(b) of the Planning and Development Act 2000. It accepted that the lakes must remain in place, while requiring the respondent to address surrounding steep slopes as far as practicable and eliminate or minimise danger. Where steep underwater slopes cannot be dealt with, the respondent must provide fencing and warning signs at its expense.
The court directed that remediation should follow the 2002 Environmental Impact Statement except where the court had permitted a departure, and should reflect RSK’s recommendations. Further testing and assessment of soil and aggregate mounds is required to establish what material can be used for infill and restoration. The parties must prepare a detailed method statement and present a work timetable to the court. An independent supervisor is to be appointed, with fees paid by the respondent.
The court said it would resolve remaining disputed issues after receiving the draft method statement for approval. It reserved legal costs until after that approval.