Written answers

Wednesday, 12 March 2014

Department of Environment, Community and Local Government

Planning Issues

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick, Fine Gael)
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34. To ask the Minister for Environment, Community and Local Government his plans to simplify the procedures and processes whereby local authorities can remove material from rivers, streams and drains in an effort to improve drainage and thereby reduce the possibility of flooding; and if he will make a statement on the matter. [10558/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Pursuant to Part XI of the Planning and Development Act, 2000 a local authority may carry out development in its functional area which does not contravene materially the development plan. In this regard, where the estimated cost of a proposed development is less than €126,000, a local authority can proceed to carry out the proposed development without the need to obtain the approval of its elected members. However, where the estimated cost of the proposed development exceeds €126,000, the approval of the elected members must be obtained, pursuant to section 179 of the Act and Part 8 of the Planning and Development Regulations, 2001, following a process of public consultation and consultation with prescribed consultees where appropriate.

Where the proposed development requires environmental impact assessment or appropriate assessment, Part 8 of the Planning Regulations does not apply. In such circumstances, sections 175 and 177AE of the Planning Act provide that the local authority must submit the proposed development to An Bord Pleanála for approval. The provisions of the Act and Regulations are kept under review in my Department.

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