An injunction restraining quarrying at a Co Waterford site will not come into effect until a planning application has been decided, the High Court said yesterday. Ms Justice McGuinness granted the injunction to Waterford County Council against John A. Wood Ltd for quarrying at Kilgreany, Cappagh, but put a stay on the order pending the planning decision.
The case came before Waterford Circuit Court in November 1995, when the council was refused an injunction against John A. Wood Ltd, restraining it from quarrying.
This was appealed to the High Court, where Ms Justice McGuinness referred the case to the Supreme Court to decide whether the Kilgreany quarry constituted an "exempted development" because quarrying had begun before October 1st, 1964.
In October 1998, the Supreme Court said the quarry works were a different phase from the works which were taking place when the 1963 Planning and Development Act came into operation and thus required planning permission. Following the judgment, John A. Wood Ltd applied for planning permission. The High Court allowed quarrying to continue in the interim.
