Finian McGrath (Dublin North Central, Independent)
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Question 478: To ask the Minister for Transport if it is appropriate and safe to build 162 apartments above the Port tunnel while it is being constructed; if all planning and traffic count procedures were adhered to at the proposed apartment development (details supplied) in Dublin 9. [19081/05]

Martin Cullen (Waterford, Fianna Fail)
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The granting of planning permission for residential developments does not fall within the remit of this Department and in this case would be a matter for Dublin City Council. I understand that reports from the Dublin Port tunnel project office are requested by Dublin City Council on all applications for all development on or near the construction line of the Dublin Port tunnel and considered as part of the planning approval process. Dublin City Council informs me that in connection with this development, the appropriate report was received from the port tunnel project office and planning approval granted. Following a third party appeal, An Bord Pleanála subsequently granted approval in February 2004.