Barry Cowen (Offaly, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

176. To ask the Minister for Housing, Planning, Community and Local Government the regulations regarding the work local authorities can carry out in the event of vegetation or blockages posing a threat of flooding, including damaging properties and risking structural damage to the road network. [33290/16]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Local Authorities have wide powers to undertake necessary works in relation to maintaining their administrative areas. From a planning legislation perspective, section 4 of the Planning and Development Act 2000 provides a general exemption for works carried out by local authorities except in certain circumstances where works require environmental impact assessment (in accordance with the EIA Directive) or appropriate assessment (in accordance with the Habitats Directive).

While general debris and vegetation clearance activities would not normally come within the scope of such obligations, local authorities proposing to undertake more extensive works, such as drainage and channel modifications, need to be cognisant of the potential impact on habitats and the environment and the associated legislative requirements.

More specifically, section 175 of the Planning Act provides that where works carried out by the local authorities exceed the thresholds set out in Schedule 5 of the Planning Regulations, an Environmental Impact Statement must be prepared and submitted to An Bord Pleanála for approval.

Similarly, section 177AE of the Planning Act provides that where local authority works require Appropriate Assessment the authority is required to make an application for consent to An Bord Pleanála.

In addition, as outlined in section 20 of the recently published Planning and Development (Housing) and Residential Tenancies Bill 2016, it is proposed to introduce a new stand-alone EIA screening process in planning legislation - separate from the requirements in relation to the obtaining of planning permission - to essentially determine whether EIA is required in respect of proposed development, including flood related works. Where the screening process determines that a proposal will have significant effects on the environment, then a full EIA and planning permission will be required in respect of the works. However, if no significant environmental impacts are likely to occur from the proposed development or activity, then no EIA will be required; furthermore, planning permission will not be required if the proposed works are below the exempted development thresholds for such flood related works, as set in the Planning and Development Regulations 2001 (as amended).

Works relating to the road network are a matter for the Minister for Transport, Tourism and Sport and I have no role in that matter.