Dáil debates

Tuesday, 21 June 2016

Topical Issue Debate

Planning Issues

7:55 pm

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I thank both Deputies for raising this important issue. I got a chance to view the footage of the flooding in County Roscommon through the RTE website and I could see the devastation caused to families and their homes, as well as to the surrounding land. There is no doubt that nothing worse can happen than being flooded, and plenty of Members present have experienced this in recent years. It certainly is devastating and the Deputies are correct that all steps needed to prevent this must be implemented across whatever Departments or county councils are involved. It is as simple as that and everything that must be done to prevent a recurrence undoubtedly must happen.

As for my involvement and that of the Minister, Deputy Coveney, through the Department, I wish to take this opportunity to outline the provisions of the planning code in respect of development in general and of Deputy Coveney's role as Minister. Proposals for wind energy developments are subject to the statutory requirements of the Planning and Development Acts 2001 to 2015, as amended, and the planning and development regulations made under the Acts in the same manner as other proposed developments. Planning applications are generally made to the relevant local planning authority with a right of appeal to An Bord Pleanála. However, in the case of wind development proposals such as this one, which meet the statutory threshold criteria for classification as strategic infrastructure developments under the Planning and Development Act, such applications are required to be submitted directly to An Bord Pleanála. There is a compulsory requirement, however, to undertake an environmental impact assessment in respect of wind farm development projects of a certain scale, that is, if they consist of five or more turbines or have a power output greater than 5 MW. This ensures that all environmental impacts, including potential hydrological impacts, of a proposed development are fully considered and assessed prior to the making of determinations on individual planning applications.

Planning authorities, including An Bord Pleanála, are further required to have regard to relevant planning guidelines issued under section 28 of the Planning and Development Act 2000. These include the Department's wind energy development guidelines, which were published in June 2006 and which provide advice to planning authorities on catering for wind energy development through the development plan process, as well as in assessing individual wind farm development proposals and all their effects on the surrounding area. Furthermore, the planning system and planning guidelines on flood risk management published in November 2009 are designed to ensure that where relevant, flood risk is a key consideration in both the preparation of local authority development plans and local area plans and in the assessment of individual planning applications which may have a flooding risk. In this regard, it is a matter for the relevant planning authority to make the appropriate determination on a planning application or appeal having regard to relevant planning guidelines issued by the Department. These guidelines are issued for guidance purposes to assist planning authorities in the performance of their functions. Ultimately, planning authorities, be they the local planning authority or An Bord Pleanála, will make their own decision based on the specific merits or otherwise of individual planning applications.

The role of the Minister, Deputy Coveney, with regard to the planning system is primarily to provide the policy and legislative framework which comprises the Planning and Development Act, the planning and development regulations and a suite of planning guidelines to which, as I have outlined, planning authorities and An Bord Pleanála are obliged to have regard in the exercise of their statutory planning functions. The day-to-day operation of the planning system is, however, a matter for the planning authorities themselves. Furthermore, under section 30 of the Planning and Development Act 2000, the Minister is specifically precluded from exercising any power or control in respect of any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

On the matter of flooding, my colleague, the Minister of State with responsibility for the Office of Public Works, OPW, and flood relief, Deputy Canney, has lead and primary responsibility for the co-ordination and implementation of Government policy on the management of flood risk. The core strategy for addressing the significant flood risks nationally is the OPW's catchment flood risk assessment and management, CFRAM, programme, which I understand is being taken forward in partnership with the local authorities at present. In this connection, I am informed that approximately 300 locations nationwide that are being assessed under the programme have been designated to be at potentially significant flood risk. This programme also has been discussed with Deputies at other stages. This involves flood mapping for each of these 300 locations, the development of preliminary flood risk management options and ultimately, the production of flood risk management plans. This programme of draft flood mapping is now in the process of being finalised following completion of the national statutory public consultation phase on 23 December 2015 and work on the options to address flood risk in these locations is under way at present. I am unsure whether the area in question is part of that process but this is a matter Deputies certainly could raise directly with the relevant Ministers and authorities.

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