Finian McGrath (Dublin North Central, Independent)
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234. To ask the Minister for Environment, Community and Local Government if it is acceptable for Dublin City Council to breach An Bord Pleanála’s planning conditions in respect of the construction of a sea wall in Dublin 3; and if he will make a statement on the matter. [41033/15]

Paudie Coffey (Waterford, Fine Gael)
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It is a matter for the relevant local authority concerned to carry out projects in accordance with the approval received for such projects, either from An Bord Pleanála under section 175, 177AE or 226 of the Planning and Development Act 2000, as amended or under the Part 8 requirements of the Planning and Development Regulations 2001, as amended, relating to local authority own developments. Local authorities are separate, independent statutory bodies whose members are directly elected and therefore accountable to the electorate. A local authority is independent in the performance of its functions, but is of course required to do so in accordance with the law.  My role in relation to local authorities is primarily to provide the policy, financial and legislative framework within which local authorities perform their functions and I have no role in relation to the matter referred to.

In addition, under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case with which a local authority, or An Bord Pleanála, is or may be concerned.

Ultimately, all state bodies are answerable to the Courts where breaches of the law are alleged. The option of taking a judicial review, or making a complaint to the Ombudsman, may be available where a person considers that a public body is behaving unlawfully or in breach of its statutory duty.

I understand that the project referred to, comprising a cycleway proposal as well as flood alleviation works, was originally approved by An Bord Pleanála. Dublin City Council subsequently made some alterations to the cycleway aspects of its proposals which were progressed and approved under the Part 8 procedures. The most recent approval of the City Council requires that the conditions attaching to the original approval of An Bord Pleanála be complied with. In this regard, I understand that the Council has recently issued a public statement in relation to the project gene rally and its compliance with the planning conditions attaching to the project.