Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I thank Deputy O'Donovan for bringing this matter before the House. As he rightly points out, the recent extreme weather events have been unprecedented. The impacts in terms of flooding, damage to property, infrastructure and land have been severe, with many locations being adversely affected on more than one occasion, causing undue hardship for many citizens. While the recent extreme events have not been the first time that flooding was experienced in certain parts of the country, the problem has been unprecedented in its scale and power of destruction. I note another storm is predicted for tomorrow.

The incessant rainfall in recent months has impacted significantly on our rivers and lakes as well as the adjoining lands. River levels have almost never been as high. Deputy O'Donovan raised the issue of the removal of debris and solid material from rivers, streams and drains. It is important to emphasise and clarify that the removal of loose waterborne debris and fallen trees from rivers, which involves no excavation works or remodelling of watercourse, will not normally be regarded as development under the planning legislation. Therefore, it would not require planning permission. In effect, there are few restrictions imposed for this type of activity, as the removal of such loose debris will assist in ensuring the better flow of watercourses.

Under their surface water management functions, the relevant statutory authorities, including the Office of Public Works and local authorities, have extensive powers under relevant legislation, including the Arterial Drainage Act, referred to by Deputy O'Donovan, and the Planning Acts, to effect works to manage flood risk.

Deputy O'Donovan referred to private landowner interventions in watercourses. Existing legislation provides that, in broad terms, excavation works involving removal of solid base material, deepening, widening or altering the flow of watercourses, as distinct from normal land drainage and reclamation, would normally be regarded as development and would, therefore, require permission. There is good reason for this controlled approach as any unregulated modifications along the lines mentioned could well have serious detrimental effects on downstream lands and properties in terms of flooding by accelerating the flow of water or altering water and flood storage patterns. In effect, a reasonable level of balanced regulation is considered appropriate to protect the interests of other property owners and communities downstream as well as the wider environment.

It is understandable that landowners and relevant public authorities might wish to act quickly to alleviate flooding in the circumstances that have prevailed. However, there is little point in temporarily solving a problem in one location and passing it on to another location; a broader approach must be applied. A measured approach whereby the relevant authorities would examine the performance of particular watercourses in the context of river basin management and flood risk management plans is preferable. Such plans are the responsibility of the local authorities and the Office of Public Works. This approach is taken with a view to identifying any management and alleviation-type works that might be speedily progressed without having any adverse effects on amenity, hydrology, water quality, biodiversity or other effects and will also involve working with affected local communities.

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