A farmer has launched a High Court challenge against Meath County Council’s decision to grant planning permission allowing a quarry adjoining his lands to expand its operations.
The action has been taken by Kenneth Payne who claims the quarry operated by Breedon Cement Ireland Limited has adversely affected his and his family’s health and has contaminated the groundwater on his lands resulting in significant animal deaths on his farm.
Mr Payne owns and farms lands at Cappaboggan, Kinnegad, which is located beside a Breedon Cement limestone quarry.
He alleges the quarry is part of an integrated manufacturing facility licensed by the Environmental Protection Agency.
The case stems from the company’s application to deepen a portion of an existing limestone quarry over 4.13 hectares (10.2 acres). Permission, with 11 conditions attached, was granted by the council last year after an environmental impact assessment (EIA) was carried out.
Mr Payne, represented by barrister Evan O’Donnell, instructed by solicitor Gabriel Toolan, claims the application made for the extension was invalid and did not comply with planning regulations.
He claims the public notice submitted with the application fails to describe the extent of the development and its relationship with the existing development.
He also claims that the decision, and some of the conditions attached, fail to comply with European directives on habitats.
The EIA conducted was not in compliance with the conditions set down in EU law, he alleges.
Mr Payne’s judicial review proceedings over the permission are against the council, Ireland and the Attorney General. Breedon Cement is a notice party in the proceedings.
Mr Payne claims that, over the last six years, he has endured significant nuisance and damage from the activity. He said this has had a serious impact on his health and caused significant loss of his livestock.
He also claims the development has resulted in the “dewatering” of his land and the loss of an existing well. He alleges his water supply has been contaminated and dust and emissions from the quarry has entered his 39.2-hectare (97-acre) property.
He said Breedon Cement did install a water treatment system to a well on his lands, but it has never worked satisfactorily.
His partner and children have left the property and are living elsewhere, while he has no choice but to remain on the farm. He has brought a separate legal action over alleged nuisance arising from the plant, the court heard.
In his judicial review, Mr Payne seeks an order quashing the council’s November 2022 decision to grant planning permission to extend the existing quarry development.
He also seeks various declarations including that the State has failed to transcribe an EU directive into domestic law.
The matter came before Ms Justice Niamh Hyland who, while only the plaintiff was represented, granted Mr Payne permission to bring his challenge.
The matter will return to court later this year.