Statement by An Taisce —the National Trust for Ireland on An Coimisiún Pleanála's refusal of permission for retention of unauthorised quarry at Crohane, Clonkeen, Killarney Co Kerry by Sunville Construction Ltd.

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An Taisce welcomes this decision by An Coimisiún Pleanála to refuse permission for retention of this unauthorised quarry development application by Sunville Construction Ltd.  

The site is in an ecologically and water sensitive catchment area bounded by the McGillycuddy Reeks and Caragh River Catchment Special Area of Conservation (SAC).  

The decision in this case by Kerry County Council to grant retention of unauthorised development, has been overturned based on non-compliance with Objective KCDP 11-2 of the Kerry County Development Plan 2022-2028. 

This highlights the continuing conflict in the role of Irish County Councils being the main client purchasers of quarry material, while at the same time being responsible for planning and environmental enforcement.  

The case further highlights the continuing national failure in quarry regulation to put in place and apply nationally consistent guidelines for ensuring that quarry development does not conflict with nature conservation and the protection of water quality.  

Ireland’s lax quarry concrete and construction materials supply regime is currently the subject of a legal infringement complaint to the European Commission, including a dossier of unauthorised sites submitted by An Taisce.  

An Coimisiún Pleanála's refusal decision in this case has also raised the requirement to remedy the unauthorised development which has occurred. An Taisce is now seeking the intervention of Kerry County Council and the National Parks and Wildlife Service (NPWS) to require that a remedial Natura Impact Statement under the Habits Directive be submitted.  

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DETAILS: GROUNDS OF COMMISSION REFUSAL OF 28 January 2026 

1. Having regard to the documentation provided with the application, to the observations made on site by the Commissions’ Scientist and Ecologist incorporated into the Inspector’s report, to the most recent water quality sampling results available for the River LOO 010 and to the absence of any water quality monitoring data for the watercourse which flows through the site (piped) which is a tributary of the River Loo, the Commission cannot be satisfied that the proposed development and development proposed to be retained, individually or in combination with other plans and projects would not be likely to have a significant effect on the Killarney National Park, McGillycuddy’s Reeks and Caragh River Catchment Special Area of Conservation (site code: 000365) in view of the site’s conservation objectives. The Commission cannot therefore be satisfied that a remedial Natura Impact Statement is not required. In such circumstances, the proposed development would not comply with Objective KCDP 11-2 of the Kerry County Development Plan 2022-2028 and to the proper planning and sustainable development of the area. 

2. Having regard to the documentation provided with the application, to observations made on site, to the most recent water quality sampling results available for the River Loo_010 (IE_SW 22L040400) and to the absence of any water quality monitoring data for the watercourse which flows through the site (piped), the Commission cannot be satisfied that the proposed development and development proposed to be retained would not result in the risk of qualitative deterioration of the River Loo 010, either on a temporary or permanent basis. The proposed development and development proposed to be retained would, therefore, be contrary to ABP-319722-24 An Coimisiún Pleanála Page 2 of 3.E Development Plan Objective KCDP 13-1, which seeks to ensure compliance with the Water Framework Directive, and to the proper planning and sustainable development of the area.  

Banner image: Matpib - Self-photographed, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=2008805