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Flood Risk Management

Dáil Éireann Debate, Tuesday - 2 November 2021

Tuesday, 2 November 2021

Ceisteanna (340)

Ivana Bacik

Ceist:

340. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he has considered introducing legislation to regulate new developments which pose a risk of flooding to compel developers to build catchment pools to mitigate flooding risks (details supplied). [52034/21]

Amharc ar fhreagra

Freagraí scríofa

The Office of Public Works (OPW) is the lead State body for the coordination and implementation of Government policy on the management of flood risk in Ireland. Under section 30 of the Planning and Development Act 2000 (as amended), the Minister is precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is, or may be, concerned.

Consideration of flood risk is embedded into the planning system through the issuing of Section 28 Guidelines for planning authorities entitled The Planning System and Flood Risk Management (further updated by Circular PL2/2014). The guidelines introduce comprehensive mechanisms for the incorporation of flood risk identification, assessment and management into the planning process (namely the preparation of statutory land-use plans and at planning application stage) at national, regional, local authority and site-specific levels. These guidelines require the planning system to:

- Avoid development in areas at risk of flooding, particularly floodplains, unless there are proven wider sustainability grounds that justify appropriate development and where the flood risk can be reduced or managed to an acceptable level without increasing flood risk elsewhere;

- Adopt a sequential approach to flood risk management when assessing the location for new development based on avoidance, reduction and mitigation of flood risk; and

- Incorporate flood risk assessment into the process of making decisions on planning applications and planning appeals.

However, because of climate change, the impact of extreme rainfall events is becoming more frequent. In turn, this can significantly increase both the level of pollution from urban run-off and the risk of flooding.

In preparing Ireland for these challenges, my Department is continuing to develop and review appropriate adaption measures. Among the actions identified in the second-cycle River Basin Management Plan was the delivery of guidelines for planning authorities on the relationship between physical planning and river basin management planning.

The development of these “Guidelines for the Incorporation of the Water Framework Directive into the Planning System” is intended to assist planning authorities in meeting their legal obligations under the Water Framework Directive. One key objective of these guidelines is the promotion of sustainable rainwater management solutions and the strategic use of nature-based solutions at catchment scale. The guidance will provide advice on how to integrate best practice measures at forward planning and planning permissions to avoid, reduce and / or remedy negative impacts to water quality and where possible, to enhance water quality through well-designed measures with multiple benefits not only for water quality, but biodiversity, climate and flood risk.

In line with a proposed action in the recently published draft third-cycle River Basin Management Plan for Ireland, my department will seek to progress any amendments to the planning and development legislation that is required to give effect to this new guidance. In the meantime, a public consultation on the draft guidelines will be undertaken to provide stakeholders with the opportunity to comment prior to finalisation.

In addition, my Department is also finalising an interim guidance document, “Nature-based Solutions to the Management of Rainwater and Surface Water Run-off in Urban Areas” which will be published shortly and will be a step towards addressing flood risk in a natural way.

This interim guidance document is for urban planners and designers and shows how to move towards a more systematic and sustainable approach to urban planning through Water Sensitive Urban Design. This is to be achieved through the replacement of impermeable surfacing with nature-based planted areas that are designed to absorb, retain, store and treat urban run-off prior to discharge back to the environment. This will reduce pollution and flood risk as well as improving biodiversity. There is an urgent need to address this issue by the retention of rainwater as close as possible within the catchment to where it occurs, and the management of any surface water flows within an urban area.

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