Dáil Éireann Debate, Wednesday - 17 September 2014
1512. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding coastal erosion works; and if he will make a statement on the matter. [33421/14]
View answerSection 179 of the Planning and Development Act 2000 provides that local authorities may carry out works that are necessary for dealing urgently with any situation which the Chief Executive considers is an emergency situation calling for immediate action.
However, where such works would require an environmental impact assessment or an appropriate assessment under the terms of the EIA Directive 2011/92/EU or the Habitats Directive 1992/43/EEC, the proposed works are required to be submitted to An Bord Pleanála for approval under section 175 or 177AE, respectively, of the Planning and Development Act.
In relation to the appropriate assessment requirements, it is a matter for the local authority, under Article 250 of the Planning and Development Regulations 2001, as amended, to carry out a screening for appropriate assessment. Where the local authority determines that the proposed works would not have an adverse effect on a designated European site, the local authority may proceed to carry out the proposed works without submitting them to An Bord Pleanála for approval.
I will consider whether any further amendments are required to the legislative provisions relating to emergency works generally.
