W3C Compliant - AA Accessible

Ministers Gormley and Mansergh Publish Statutory Planning System and Flood Risk Management Guidelines



Mr. John Gormley, T.D., Minister for the Environment, Heritage and
Local Government, and Dr. Martin Mansergh, T.D., Minister of State at
the Department of Finance with responsibility for the OPW, today (30
November 2009) jointly published statutory planning guidelines on The
Planning System and Flood Risk Management, which are aimed at ensuring a
more consistent, rigorous and systematic approach to the avoidance and
minimisation of potential future flood risk and to  fully incorporate
flood risk assessment and management into the planning system.

These guidelines were issued as a consultation draft for public
consultation in the latter part of last year, and both Ministers
expressed their thanks to the numerous public and private bodies who
made valuable submissions and worthwhile contributions to the drafting
process.  The new guidelines which have been prepared in response to the
recommendations of the National Flood Policy Review Group are focused on
providing guidance on the comprehensive consideration of flood risk,
both in preparing future regional plans, development plans and local
area plans, and in determining applications for planning permission in
line with the principles of proper planning and sustainable development.
 They also address environmental considerations including the need to
manage the potential impacts of climate change.

Publishing the finalised Guidelines, the Minister Gormley was pleased
to note that the Guidelines have been widely welcomed by regional and
planning authorities and by professional bodies and the general public
during the consultation process, *The Guidelines provide for best
practice and a sound basis on which planners, developers and their
agents, and individuals can ensure flood risk is taken fully into
account throughout the planning process and properly managed thereafter,
to ensure into the future that our built environment takes proper
account of the potentially devastating risk posed by flooding to people,
property and the environment*,  the Minister outlined.

The new Guidelines are aimed at ensuring that development vulnerable to
flooding will only be permitted by planning authorities in areas at high
or even moderate risk of flooding in exceptional circumstances where
decisions are based on clear and transparent criteria set out in the
Guidelines.  The Guidelines require the planning system at national,
regional and local levels to:

* Avoid development in areas at risk of flooding, particularly in
floodplains, unless there are demonstrable, 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.

The Guidelines are a comprehensive statement of good planning practice
and also act as a key step towards adapting to the inevitable impacts of
climate change.  While our understanding of these impacts is still at an
early stage and significant uncertainties remain to be resolved,
research and indeed anectodotal experiences with exteme weather events
clearly demonstrate that Ireland's climate is already being affected by
the impacts of climate change and these will increase in the coming
decades and are likely to be felt in every sector of the economy.
Increased frequency and magnitude of flooding due to heavier rainfall,
sea level rises and storm surges are among the most serious threats for
Ireland.  Addressing flood risk identification, assessment and
management through the planning system in these guidelines is a key
response.

Minister Mansergh welcomed the Guidelines as another significant step
in the implementation of the national flood policy, *The OPW and its
partners have a number of important and substantial work programmes in
place that are reducing the flood risk that people currently experience
as well as making advance provision for better protection from the
anticipated effects of climate change.  We must above all ensure that we
do all that we can to avoid creating new risks, and the Guidelines will
facilitate the planning authorities in making sure that new development
is as safe from flooding as it can be.*

The new Guidelines are being issued to planning authorities and An Bord
Pleanála under Section 28 of the 2000 Planning and Development Act,
which requires them to have proper regard to the principles and
procedures of these guidelines in carrying out their functions.

Minister Gormley concluded by saying *We have to adapt to the
realities of climate change impacts; we must protect ourselves by
adapting the way we do business; we must ensure planning authorities,
developers and their agents, individuals seeking planning permission,
and major infrastructural providers are all properly equipped with the
principles and practical methodologies as set out in these new
guidelines.  This will ensure we begin proofing ourselves now from
future exposure to the impacts of flooding by fully integrating the
consideration of flood risk into the planning process.*

The guidelines are available to view and download from the
Department*s website: www.environ.ie.

ENDS
(30/11/09)
Background Notes for Editors

These guidelines introduce comprehensive mechanisms for the
incorporation of flood risk identification, assessment and management
into the planning process. Implementation of the guidelines will be
achieved through actions at the national, regional, local authority and
site-specific levels.
At the national level:
- The Minister for the Environment, Heritage and Local Government
has introduced these guidelines as a comprehensive statement of good
planning practice and as a key step towards a National Climate Change
Adaptation Strategy. The Minister will further monitor the development
plans of local authorities to ensure that they are prepared in a manner
that is consistent with the guidelines.
- The Department of the Environment, Heritage and Local Government
will ensure that all relevant Department publications and regulations
encourage and promote the use of Sustainable Drainage Systems (SuDS).
- The Office of Public Works, as the lead agency for flood risk
management in Ireland will continue its work in developing indicative
flood maps and catchment-based Flood Risk Management Plans (FRMPS) in
partnership with local authorities, the Environmental Protection Agency
and other relevant departments and bodies in accordance with national
flood policy and the EU Floods Directive.
- DEHLG and OPW will work with regional and local authorities in
assisting with technical aspects of the implementation of these
guidelines on an ongoing basis, learning from experience within Ireland
and internationally.
At the regional level:
- Regional Authorities will be required to prepare a strategically
focused flood risk appraisal at the regional level as an integral input
to the preparation of Regional Planning Guidelines (RPG*s) which act
as a framework for ongoing co-ordination of the development plans of
local authorities in their areas. The preparation of this element of the
RPG*s will be co-ordinated with the preparation of River Basin
Management Plans (RBMP*s) under the EU Water Framework Directive and
future work required to prepare Flood Risk Management Plans under the EU
Floods Directive by the OPW.
At City and County level:
- Planning authorities will introduce flood risk assessment as an
integral and leading element of their development planning functions
under the Planning Code and at the earliest practicable opportunity in
line with the requirements of these guidelines.
- The new flood risk assessment system will be aligned with the
existing Strategic Environmental Assessment (SEA) process introducing
processes for identifying flood risk and determining what flood risk
assessment is required and carrying out such assessments similar to the
overall system for screening and scoping under SEA provision.
- City and county development plans will establish the flood risk
assessment requirements context for their functional areas including
other planning authorities such as Town Councils and any Local Area
Plans (LAP) which may be supplemented by more detailed site-specific
flood risk assessment required to comply with these guidelines.
- Planning authorities will assess planning applications for
development in accordance with the provisions of these guidelines
following the guidance of their own or any OPW strategic flood risk
assessment and the application of the sequential approach and, if
necessary, the justification test required by these guidelines.
- Planning authorities will ensure that development is not be
permitted in areas of flood risk, particularly floodplains, except where
there are no suitable alternative sites available in areas at lower risk
that are consistent with the objectives of proper planning and
sustainable development. Where such development has to take place, in
the case of urban regeneration for example, the type of development has
to be carefully considered and the risks should be mitigated and managed
through location, layout and design of the development to reduce flood
risk to an acceptable level.
- Planning authorities will ensure that only developments
consistent with the overall policy and technical approaches of these
guidelines will be approved and permission will be refused where flood
issues have not been, or cannot be, addressed successfully and where the
presence of unacceptable residual flood risks to the development, its
occupants or users and adjoining property remains. Under the Planning
and Development Act 2000, planning permission refused for the reason
that the proposed development is in an area which is at risk of flooding
excludes compensation.
In the case of applications for planning permission and development
consents to planning authorities and An Bord Pleanála, applicants and
their agents are required to:

- Carefully examine their development proposals to ensure
consistency with the requirements of these guidelines including
carefully researching whether there have been instances of flooding or
there is the potential for flooding, on specific sites and declaring any
known flood history in the planning application form as required under
the Planning and Development Regulations 2006.

- Engage with planning authorities at an early stage, utilising
the arrangements for pre-planning application consultation with regard
to any flood risk assessment issues that may arise.

- Carry out a site-specific flood risk assessment, as appropriate,
and comply with the terms and conditions of any grant of planning
permission with regard to the minimisation of flood risk.


Media queries:
Press and Information Office
Tel: (01) 888 2638  (direct)
(01) 888 2000
E-Mail: press-office@environ.ie
Web site: www.environ.ie