Concrete business involved in Mica scandal does not have permission to develop blocks on its site

Agriculture Minister Charlie McConalogue, after meeting with children from across Donegal at the gates of the Dáil as they protested to highlight the ongoing mica crisis. Picture: Brian Lawless

Donegal County Council has told one of the businesses involved in the Mica scandal that planning permission to develop blocks on one of their sites does not exist.

Cassidy Brothers Concrete Products' site in Gransha, Buncrana, was issued with an unauthorised development warning letter on November 8.

Seen by the Irish Examiner, the letter from Donegal County Council states that it had come to the attention of the local authority that "unauthorised development may have been, is being or may be carried out... for the use of land as a block and concrete batching/concrete product making facility and associated storage yard where no planning permission for such a development exists".

The business has four weeks to make submissions to the council and could face a fine of almost €12.7m or a prison term of up to two years if convicted of the offence on foot of an enforcement letter being served.

Enforcement notice

In October, Cassidy Brothers was also hit with an enforcement notice in respect of land in Cranford, Co Donegal, where it has a concrete batching plant and storage yard, and instructed to shut the plant.

Donegal County Council opened three unauthorised development cases in respect of other sites associated with the business.

A spokesperson for Donegal County Council told the Irish Examiner: "The planning authority have a live and ongoing case on the site referred to; as such, it would be inappropriate to comment further at this time.” 

Coleman Legal, which has been instructed by a number of mica-affected homeowners, said its clients await the Government's decision on redress before moving forward with litigation.

"On behalf of the homeowners who have instructed us in the case, we're delighted that Donegal County Council is ensuring planning compliance with all quarries and it's to be welcomed," said David Coleman.

"We're not going to issue any proceedings against anyone until we see what the State is going to do regarding the grant; however, we have instructed experts to give opinions on various elements of the case in the event that all citizens are not treated equally.

Hopefully, there will be no need for litigation in this already very distressing case."

A spokesman for Cassidy Brothers said: "The quarry in Gransha is a long-established quarry that has been in existence prior to the coming into force of the 1963 Planning Act.

"The council has made an inquiry of the company in relation to the matter and we are in the process of responding fully to the said query.

"The company has always co-operated fully with the council and will continue to do so."

The Department of Housing has confirmed that currently no date has been set to present the new redress scheme for people whose homes are damaged by mica, despite an original plan for the memo to go to Cabinet yesterday.

The Mica Action Group said this is the seventh delay.