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Planning Issues

Dáil Éireann Debate, Tuesday - 12 November 2013

Tuesday, 12 November 2013

Questions (286)

Dessie Ellis

Question:

286. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that an estate (details supplied) in County Wicklow which received planning permission from the local authority, was built on a flood plain, and if he will instruct Wicklow County Council to conduct an investigation into the awarding of this planning permission. [48269/13]

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Written answers

The decision as to whether to grant planning permission in any particular case is a matter for the relevant planning authority in the first instance, and for An Bord Pleanála in the event of an appeal. In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant nisterial or Government policies, including current guidelines issued by my Department under section 28 of the Planning and Development Act 2000. The Act also provides for the inclusion of development plan objectives for the carrying out of flood risk assessment for the purposes of regulating, restricting or controlling development in areas at risk of flooding.

In November 2009 my Department issued Guidelines for Planning Authorities on the Planning System and Flood Risk Management. These are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk identification, assessment and management within the planning system. These guidelines provide, inter alia, that development in areas at risk of flooding, particularly floodplains, should be avoided unless there are wider sustainability grounds that justify appropriate development and where the risk can be reduced or managed to an acceptable level. The guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended, and planning authorities and An Bord Pleanála are required to have regard to them in the performance of their functions.

These statutory guidelines, when taken together with the legislative measures in the planning code, provide a sound basis for planning authorities to identify, assess and take appropriate steps to manage flood risk in a sustainable manner within their area. I am satisfied that the Guidelines are being implemented effectively to ensure that future development takes account of these policies and I will continue to keep them under review in this regard. I have therefore no plans to direct the Council as proposed.

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