Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 167: To ask the Minister for the Environment, Heritage and Local Government if existing drainage is being protected in the course of new building or motorway proposals; if particular effort will be made to replace the facilities being disrupted in the course of major excavations; and if he will make a statement on the matter. [25332/09]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

Section 34 of the Planning and Development Act 2000 empowers a planning authority to grant planning permission for development, subject to or without conditions, or to refuse it, having regard to the proper planning and sustainable development of the relevant area. Conditions may include a requirement for the completion and maintenance of watermains and drains. Where a planning application is made in respect of a prescribed development or class of development, the application must be accompanied by an environmental impact statement. An EIS must contain, among other things, a description of the likely significant effects, direct and indirect, on the environment of the proposed development. Where an EIS identifies significant adverse effects on the environment, it must also contain a description of the measures envisaged in order to avoid, reduce and, if possible, remedy those effects.

Section 215 of the Planning and Development Act 2000 provides for the transfer to An Bord Pleanála of the functions of the Minister for the Environment, Heritage and Local Government specified in sections 49 to 51 of the Roads Act 1993 with regard to the approval or otherwise of motorway and other specified roads schemes and developments. The Board is empowered, under Section 217C(2) of the 2000 Act, to approve a relevant scheme or development or any part thereof, with or without conditions or modifications, or to refuse to approve the scheme or development or any part thereof. In the case of a proposed motorway or a prescribed type of public road development, an EIS must be prepared and submitted to the Board. Before approving a road scheme within the meaning of section 47 of the 1993 Act, the Board must hold an oral hearing of all matters relating to the scheme.

As well as complying with the requirements of the planning code, applicants for planning permissions may be required to comply with a range of other legislation including the Water Pollution Acts 1977 and 1990. My Department issued Development Management Guidelines in 2007, which state that the existence of a planning condition, or its omission, will not free a developer from his or her responsibilities under other legislative codes. It advises that, where they consider it necessary to do so, planning authorities could, when notifying the grant of a planning permission, issue a clear notification about the requirements of other legislative codes.

Specific guidance regarding drainage systems for housing developments is set out in my Department's publication Recommendations for Site Development Works for Housing Areas.