John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 192: To ask the Minister for Finance further to Parliamentary Question No. 218 of 2 February 2005, his views on whether planning permission is needed for the fencing erected along a section of the river bank at Lacken Weir, Maudlin Street, Kilkenny; if consultation with the local community at this section of the river will be arranged as part of the process in order that safety can be maintained while at the same time allowing those who use the river to gain access at this point and those who use the space as an amenity to enjoy without having to look through a four ft. fence and wire; the person who in the local authority authorised the erection of the fence; if it was Kilkenny Borough Council or Kilkenny County Council; and if he will make a statement on the matter. [4130/05]

Tom Parlon (Laois-Offaly, Progressive Democrats)
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Under the 2001 planning and development regulations, planning permission is not required for the erection of fencing of 1.2m in height or less. The timber post and rail fence erected along a section of the river bank at Maudlin Street, Kilkenny, falls within this category. A detailed consultation process took place between the Office of Public Works, the local authority and the various local water safety and water based sporting groups on the subject of safety measures and public amenity access to the river.

The area at Maudlin Street is not considered suitable for public amenity access and the provision of fencing, as agreed in the consultation process, considerably reduces the risk of serious incident. OPW appreciates that the installation of fencing has changed the view from Maudlin Street, but would point out that both they and the local authority consider that a risk to public safety must outweigh aesthetic concerns. The area in question is under the jurisdiction of Kilkenny Borough Council. The Deputy may wish to approach the local authority directly with queries regarding its role in this matter.