An Bord Pleanála has determined that activity at a north Kerry quarry constitutes development.
Kerry County Council referred the case to the planning appeals board.
The local authority asked the board to make a determination on the past and continuing quarrying at O'Mahoney Quarry, Ballintobeenig, Abbeydorney.
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An Bord Pleanála concluded that the quarrying is development and is not exempted development.
It said no substitute consent for the quarrying had been received and this is required.
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