Michael Moynihan
Ceist:
116
Deputy Michael Moynihan
asked the
Minister for the Environment, Community and Local Government
the conditions for a landowner to receive permission from his Department to stone bank a river in order to secure it from erosion; the steps involved to take gravel out of a river; and if he will make a statement on the matter.
[24691/12]
Amharc ar fhreagra
Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): The question of whether the extraction of gravel from river beds and the insertion of rock armouring of river banks would require planning permission is a matter for the relevant planning authority in the first instance. For example, it would be a matter for the relevant authority to decide whether, in the particular case, the exemption in Class 3, Schedule 2, Part 3 of the 2001 Planning Regulations would apply. This exemption is for:
"Works relating to the construction or maintenance of any gully, drain, pond, trough, pit or culvert, the widening or deepening of watercourses, the removal of obstructions from watercourses and the making or repairing of embankments in connection with any of the foregoing works."
The development is generally not exempted from the requirement to obtain planning permission if it could require an environmental impact assessment, and, since the commencement of amendments to section 4 of the Planning and Development Act 2000 on 21 September 2011, development is also not exempted from planning if it could require appropriate assessment under the Habitats Directive.
In rivers that have been designated as Special Protection Areas or nominated as Special Areas of Conservation, consent should be sought from the Minister for Arts, Heritage and the Gaeltacht to an activity that has been notified to a landowner as requiring consent, pursuant to the European Communities (Birds and Natural Habitats) Regulations.
Such a consent, I understand, may be given by my colleague Minister, provided that he/she is satisfied that the activity may be carried out in a manner which would not have a significant effect on the site concerned, having regard to the purposes for which it was designated.
Further clarity regarding the consent required for a specific proposal to undertake such works should be sought from the relevant planning authority and/or the National Parks and Wildlife Service.
