Appeal against development of Laois quarry overruled
Tullen Concrete Ltd have been approved for their proposed development at their site in Abbeyleix
An Coimisiún Pleanála has granted planning permission to a Laois quarry to construct a new industrial unit and retain pre-existing containers and previously made alterations following an appeal.
In April of this year, Tullen Concrete Ltd were granted planning permission by Laois County Council for the retention of a roller door on one of its industrial units and four storage and staff office containers, as well as for the construction of a new industrial unit.
The precast concrete manufacturing facility is located within the grounds of Booth Concrete in Abbeyleix. The company specialises in the manufacturing of concrete spacer bars, precast pier and wall cappings, concrete window sills, and precast post and rail systems. Tullen Concrete also provides shuttering and formwork systems to the construction sector.
In the planning application submitted by Tullen Concrete in November 2025, the company sought to retain permission for the alterations to one of its units with a roller shutter door. Over recent years, they also installed four containers on the site to support operational needs. These included two 40ft storage containers and two 20ft office containers. These were also to be retained.
A separate, standalone industrial unit was also proposed on the site. This structure would provide sheltered and secure accommodation for the company’s new wrapping and packaging machine, ensuring equipment protection and efficient operational processes.
Laois County Council granted planning permission to Tullen Concrete in April, however this decision was appealed to An Coimisiún Pleanála.
Thomas McEvoy objected to the proposal on a number of grounds. According to his objection, “the development represents a substantial intensification of material change of use from the original quarry activity.
“It comprises unauthorised industrial-scale operations beyond the scope of any prior permission and is ineligible for retention due to the absence of required environmental screening and assessment. It also fails to meet statutory site-notice activities, and raises significant concerns about environmental impacts and procedural fairness.”
Mr McEvoy then appealed the decision, citing issues such as failure to carry out an Environmental Impact Assessment, the alleged unlawful reliance of retention permission, and a supposed breach of waste law.
Tullen Concrete argued, however, that the proposal relates to a defined and limited development on the well established site with an evident planning history. They added that the application did not seek permission for quarrying, extraction activities, waste disposal operations, landfill activity, sludge disposal or any material change of use, all of which were raised as issues in the appeal.
An Coimisiún Pleanála agreed that the appeal repeatedly suggested no lawful planning baseline existed following the expiry of permission granted for works on the site in 1996, however, this was “not factually correct.”
An Coimisiún Pleanála stated: “The subject land and wider industrial complex benefit from significant planning history demonstrating longstanding and established industrial use of the site.”
The planning body ruled that planning permission be granted to the development on a conditional basis, as originally decided by Laois County Council. The conditions set out for approval were generally standard, but did include that the storage containers would only be granted permission on a temporary basis of three years.
The final ruling of An Coimisiún Pleanála stated: “Having regard to the overall nature, scale and design of the subject development within an existing industrial site context, it is considered that, subject to compliance with the conditions set out below, the proposed development and works to be retained would be ancillary to the existing authorised use on the appeal site, would not result in a significant intensification of established activity on the site, would accord with the policy objectives of the Laois County Development Plan 2021-2027 insofar as they relate to rural development, would not be prejudicial to public health, the environment or visual amenities of the area, and would be acceptable in terms of traffic safety and convenience.
“Accordingly, the subject development would, therefore, be in accordance with the proper planning and sustainable development of the area.”
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