A company which operates a quarry near Newport in Co Mayo has brought a High Court challenge to enforcement proceedings brought by Mayo County Council regarding the quarry.
The proceedings by Geraghty Brothers Civil Engineering (GBCE) Ltd were briefly mentioned before Mr Justice John Quirke yesterday and adjourned for a week.
The council claims the quarry, at Cartron, Newport, is an unauthorised and unexempted development in light of what the council claims is a material change of use of the quarry, particularly since August 2001. It claims the change of use was made without benefit of planning permission and, therefore, the development is unauthorised and not exempted.
In April 2003, GBCE, with registered offices at Maynooth, Co Kildare, sought a declaration from the council that the quarry was an exempted development under Section 5 of the Planning and Development Act 2003. The council refused that declaration and the firm appealed against that refusal to An Bord Pleanála.
In November 2003, An Bord Pleanála decided the quarry was an exempted development. However, in the interim, in July 2003, the council had brought enforcement proceedings against Mr Michael Geraghty of Cornanool, Castlebar, Co Mayo, relating to the quarry at Cartron. On February 18th last, the council issued a further enforcement notice against "Geraghty Brothers", Cartron, Newport, Co Mayo.
In its High Court proceedings, GBCE claims there is no person, corporate or legal entity known as Geraghty Brothers and that this fact was well-known to the council. It alleges the enforcement notice could not have taken into account An Bord Pleanála's decision of November 2003.