The Planning System and Flood Risk Management Guidelines for Planning Authorities were published jointly by my Department and the Office of Public Works (OPW), in November 2009. The Flood Risk Management Guidelines provide for the incorporation of flood risk identification, assessment and management into the planning process. These Ministerial Guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities and An Bord Pleanála are required to have regard to the Guidelines in carrying out their functions under the Planning Acts.
In particular, the Flood Risk Management Guidelines require Strategic Food Risk Assessment (SFRA) to be undertaken for statutory plans, such as county development plans and the results of such assessments to be integrated into the approved plan. The relevant statutory plan is a critical consideration in the assessment of any planning application.
In the assessment of planning applications, The Planning System and Flood Risk Management Guidelines
provides comprehensive guidance in Section 5 of the document. It is noted that it is a requirement that “any known flood history on or affecting the application site must be declared on the application form”
and this is also included in the standard planning application form as set out in Planning and Development Regulations, 2001.
The key considerations regarding the assessment of planning applications are set out in the introduction to section 5 of the Flood Risk Management Guidelines. These include:
- Planning applications will, where appropriate, need to be accompanied by a detailed flood risk assessment to be considered by planning authorities in determining applications.
- Development within flood risk areas, that would be defined as inappropriate as set out in chapter 3 of the guildelines, but considered to be necessary to meet the objectives of proper planning and sustainable development, will be subject to a ‘Justification Test’.
- Most flood-risk issues should be raised within strategic assessments undertaken by local authorities at the plan-making stage. Therefore, as more plans are reviewed and zoning reconsidered, there should be less need for development management processes to require detailed flood risk assessment.
It is a requirement that where applications are made in areas at risk of flooding, that they should be accompanied by a site-specific flood risk assessment, even for uses which are considered appropriate in flood risk zones.
In relation to assessment of a planning application, the Flood Risk Management Guidelines state (Section 5.14), that it should be based “principally on the policies and detailed objectives of the development plan, with flood risk considered along with the full range of planning considerations for the application". The Guidelines go on to state that planning authorities “should adopt a risk-based sequential and balanced approach that gives priority to development in areas of lowest risk.”
I am satisfied that the Flood Risk Management Guidelines provide comprehensive advice on dealing with flood risk in the planning process. However, the assessment of individual planning applications is carried out on a case-by-case basis in accordance with the requirements of the Planning and Development Act 2000, having regard to planning guidance and other relevant factors.
It is a matter for each planning authority and/or An Bord Pleanala to determine planning applications and there are well established procedures for appeal and/or judicial review, should this be considered necessary.
