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

Senator Grace O'Sullivan's amendment is much the same as the one she tabled on Committee Stage to insert a requirement in the planning code that planning applications be refused where the proposed development would be contrary to the Water Framework Directive because it might cause a deterioration in water quality or the status of water quality and thereby jeopardise the attainment of good chemical status of water as required under the directive. As outlined in my response on Committee Stage, while Senator Grace O’Sullivan's amendment is well intentioned, I am opposing the amendment because the Water Framework Directive 2000/60/EC is already given general effect in section 1A of the Planning and Development Act 2000, as amended. More specifically, the Water Framework Directive is also given effect in relation to the forward planning functions of planning authorities by way of section 10(2)(cb) of the principal Act relating to the content of development plans.

I also draw the Senator's attention to the commitment given by the Department in the publication, Public Consultation on the River Basin Management Plan for Ireland, 2018 to 2021, to prepare a high-level guidance document for planning authorities on the relationship between physical planning and river basin management planning for the purpose of the development of river basin management plans under the Water Framework Directive. In that regard, my Department published the river basin management plan for Ireland in April of this year. One of the plan's objectives over the period 2018 to 2021 is that my Department will deliver guidance for planning authorities on physical planning and the Water Framework Directive, which will contribute to the protection of waters from deterioration arising from inappropriate future development. Support and technical guidance will also be produced, which will ensure that best environmental practice is applied where alterations to surface waters are undertaken.

Following on from the publication of the national river basin management plan my Department has already scoped out the development of this detailed guidance which will assist planners in their plan making and development management roles as well as developers and other stakeholders in the planning process. It has been recognised that external, expert consultancy support will be required to assist in the preparation of the guidance and in the completion of the project. As such, consultancy services have been procured by a public tender process and the successful consultants have been confirmed in recent weeks. The work to prepare this guidance will commence soon and it is expected that the guidance will be published in 2019. Training for planning authorities in the application of the guidance will also be necessary following on from the guidance. The preparation of this guidance will include input from the County and City Management Association, the Department of Agriculture, Food and the Marine, the Environmental Protection Agency, Inland Fisheries Ireland, Irish Water and the National Parks and Wildlife Service, as well as the Office of Public Works and other key stakeholders, as required. In preparing the guidance, consideration will also be given to relevant recent developments at EU level, including guidance recently published by the EU Commission concerning derogations from the provisions of the Water Framework Directive under Article 4(7) of the directive. In this regard it is acknowledged that new legislative processes may be required to facilitate the possibility of applying derogations from the Water Framework Directive in accordance with Article 4(7) where justified.

Given the integration of the requirements of the Water Framework Directive at a more fundamental level in the planning Act, it is unnecessary at this time to make this amendment. It would also be premature to do so pending the completion of my Department's work on the proposed guidance for planning authorities on the consideration of risks to river basis management plan objectives in plan making and development management. I therefore oppose this amendment.