Ruling against concrete firm paves the way for legal claims

CORK County Council may be facing a substantial bill for damages following a landmark ruling against a concrete firm which has been operating a massive facility without planning permission.

Bord Pleanála over-ruled the council’s previous decision to grant retention by refusing to give Slattery’s Precast Concrete Ltd retention for a portion of its concrete making facility near Rathcormac in north Cork. It gave three reasons for the decision: the scale of the development was totally unsuitable in an area valued locally for its scenic amenity related heavy vehicle movements on a substandard minor road would endanger public safety its proximity to established residential properties would devalue the property and seriously injure amenities.

The decision was hailed as a major victory by local residents who have been complaining about Slattery’s operations for almost a decade.

The decision also opens the way for residents to take a legal challenge against both Slattery’s and Cork County Council for nuisance and damages.

The Quarry and Concrete Family Alliance, which backed residents throughout their campaign, welcomed the landmark decision. Spokesman Seamus Maye said his organisation felt totally vindicated. “We also feel very annoyed that we had to go to this level of detail and trouble to get Bord Pleanála to do what Cork County Council should have done in the first place.

“Serious questions must now be asked of the county council for its role in permitting such unauthorised development on such a scale and for such duration. Taxpayers may well have to foot the bill for significant damages and nuisance actions which are now likely to arise against the council and the unauthorised operator.

“We will be calling on Environment Minister Dick Roche to initiate an independent enquiry into the council’s total failure to enforce planning law in this instance.”

A council spokesman said senior officials would study the ruling over the coming days before deciding on the next course of action.

The council’s planning enforcement section has issued several warning letters to Slattery’s over its compliance with planning conditions relating to hours of operation, dust and noise.

Despite repeated attempts yesterday, Slattery’s declined to comment. However, it has conceded its operations have expanded in “an unplanned and spontaneous manner”.