Michael Ring (Mayo, Fine Gael)
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Question 315: To ask the Minister for the Environment, Heritage and Local Government the legislation which gives local authorities the ability to charge a €2,000 levy to persons who are approved planning permission for possible road damage. [5956/10]

John Gormley (Dublin South East, Green Party)
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Section 34(1) of the Planning and Development Act 2000 provides that planning authorities may attach conditions to a grant of planning permission. Section 34(4) lists specific conditions that may be attached, but this is expressly without prejudice to the generality of the power to attach conditions set out in subsection (1).

The interpretation and application of the relevant legislation is a matter for planning authorities in the first instance, An Bord Pleanála on appeal, and ultimately the Courts.