Extraction from the quarry was approved until 30 September 2013 but did not cease. An enforcement notice was served on 27 September 2018, and planning permission for a phased extension including regularisation was refused on 26 September 2022.

In two comprehensive decisions, the Commissioner found that the extraction which had occurred out of sequence from that proposed had rendered it difficult to ascertain the baseline scenario against which to assess the environmental effects of the development. The Commissioner also upheld reasons for refusal relating to archaeology, noise, dust, visual impact and access before concluding overall that even if no environmental harm had been identified, the lack of harm would not amount to exceptional circumstances justifying a grant of permission for unauthorised EIA Development.

Michael Feeney, instructed by Philip Kingston, appeared on behalf of Derry City and Strabane District Council.

Links to the decisions can be found here and here.