Catherine Murphy (Kildare North, Independent)
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Question 478: To ask the Minister for the Environment, Heritage and Local Government if An Bord Pleanála grants planning permission in a floodplain, the sanctions that apply and to whom. [23158/05]

Dick Roche (Wicklow, Fianna Fail)
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Where a developer applies for planning permission for a development on an area liable to flood, the planning authority, or An Bord Pleanála in deciding on an appeal of a decision on a planning application, will have regard to whether the proposed development would be on a flood plain and may refuse permission, without attracting compensation, if necessary. Alternatively, the developer may be required to modify the proposed development and submit revised plans, or conditions attached requiring modification of the development, so as to minimise the risk of the development flooding. The question of sanctions would only arise where a developer proceeds with a development without planning permission or in breach of planning conditions. In that case, the developer would be liable to enforcement action by the planning authority.