Dáil Éireann Debate, Tuesday - 18 December 2007
93 Deputy Ruairí Quinn asked the Minister for the Environment, Heritage and Local Government the measures planned by his Department to prevent unsustainable rezonings by local authorities, including lands that constitute a flood risk as identified by the flood policy review group and the Office of Public Works strategy to manage flood risk; and if he will make a statement on the matter. [35154/07]
Amharc ar fhreagra121 Deputy Pat Rabbitte asked the Minister for the Environment, Heritage and Local Government the position regarding the need to ensure that land that is a flooding risk including where the risk could be exacerbated by the impact of climate change is not rezoned by local authorities in upcoming county development plans or that if such land is rezoned the need to ensure councils have the power to restrict, regulate or control development; and if he will make a statement on the matter. [35155/07]
Amharc ar fhreagraI propose to take Questions Nos. 93 and 121 together.
Decisions regarding the zoning of land are a reserved function of the elected members under the statutory development plan and local area plan processes. In accordance with sections 12 and 13 of the Planning and Development Act 2000 and section 9 of the Planning and Development (Amendment) Act 2002, the members of a planning authority are restricted to considering the proper planning and sustainable development of the area in question when making or varying a development plan or local area plan. The development plan must offer clear guidance on sustainable development policies and objectives, both national and local, which address the full range of sustainability issues including urban development, the creation of sustainable communities and the potential impacts of climate change. The Act outlines the steps that must be followed by the planning authority, the requirements for consultation with the public and key stakeholders, including the Minister for the Environment, Heritage and Local Government, during the drafting stages and the mandatory and discretionary objectives that must be reflected in the plan.
The First Schedule of the Act specifies, inter alia, that planning authorities may include in their development plans objectives regulating, restricting or controlling development in areas at risk of flooding. Where development is proposed in an area at risk of flooding, it is a matter for each planning authority to evaluate such risk, on the basis of a flood risk assessment where appropriate and planning permission may either be refused, or, if granted, can be made subject to conditions requiring the implementation of measures necessary to alleviate or avoid damage due to flooding.
Guidelines for Planning Authorities on Development Plans were published by my Department in June 2007 further to assist planning authorities in the preparation of development plans. The guidelines recommend that flood risk should be considered at relevant stages of the planning and development process and the aim should be to ensure that existing flood risks are either reduced or addressed and that new development does not individually or cumulatively give rise to new flood risks, particularly in the context of potential impacts arising from climate change. Moreover, my Department, in conjunction with the OPW, is preparing more comprehensive guidance on flooding and the planning system, which it is intended to issue for public consultation and finalisation next year. Preparation of these guidelines, and the mapping resources already available to planning authorities on the OPW National Flood Hazard Mapping website at www.floodmap.ie, are two of the key actions arising from the work of the Flood Policy Review Group.
The OPW, as a prescribed consultee on all draft development plans, also has the opportunity to input its views during the development plan process, with particular reference to its statutory responsibilities in respect of river drainage, flood relief and localised flooding problems.
Where a development plan fails to set out an overall strategy for the proper planning and sustainable development of the area or otherwise significantly fails to comply with the Act, I am empowered under section 31 of the Act to direct the planning authority take the specified measures to amend the draft plan or adopted plan so as to ensure compliance with proper planning principles and policies.
