Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 198: To ask the Minister for the Environment, Heritage and Local Government if in the redraft of Part H of the building regulations he intends to address concerns related to legal liability for domestic waste water pollution, legal standards for waste water treatment products, an inadequate certification process for waste water installations; and if he will make a statement on the matter. [36849/10]

Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 203: To ask the Minister for the Environment, Heritage and Local Government his response to the concerns of a company (details supplied) regarding to the consumer protection and environmental liberty issues; and if he will make a statement on the matter. [36870/10]

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

I propose to take Question Nos. 198 and 203 together.

Research carried out as part of the preparation of the River Basin Management Plans estimated that as many as 25,000 septic tanks have the potential to impact on ground-waters and 120,000 have the potential to impact on surface waters, due to their location in vulnerable areas. Therefore, there is considerable urgency in reviewing both the technical standards for new build and setting an appropriate inspection and maintenance regime for existing systems to address the situation. The Environmental Protection Agency's (EPA) Code of Practice on Waste water Treatment and Disposal Systems Serving Single Houses which was published in October 2009 sets out comprehensive requirements in relation to the site assessment, design, installation and maintenance of on-site waste water systems. My Department issued a circular letter to planning authorities in January 2010 regarding implementation of the EPA's new Code of Practice.

Elements of the Code relevant to building control will be provided for in the revised Technical Guidance Document (TGD) H – Drainage and Waster water Disposal - which will accompany the amendment to Part H of the Building Regulations which I hope to complete shortly. This follows a comprehensive review, including a three month public consultation process which closed on 8 March 2010, undertaken by my Department in conjunction with the Building Regulations Advisory Body. The proposed revised TGD H includes specific guidance on the current harmonised European product standards (IS EN 12566 series) for waste water treatment systems.

Section 70 of the Water Services Act 2007 places a duty of care on the owner of a premises to ensure that treatment systems for waste water which are not in the charge of a water services provider (i.e. septic tanks and other on-site waste water treatment systems) are kept so as not to (a) cause, or be likely to cause, a risk to human health or the environment, including waters, the atmosphere, land, soil, plants or animals, or (b) create a nuisance through odours. Non-compliance with the duty of care requirement is an offence. Extensive powers of inspection and enforcement are provided under the Water Services Act to facilitate the implementation of the duty of care provision.

My Department will work with local authorities in ensuring that future county development plans, taking account of river basin management plans and other water quality legislation, address this issue pro-actively so that rural communities continue to provide for their housing needs in tandem with protecting water quality.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context

Question 199: To ask the Minister for the Environment, Heritage and Local Government the status of the review of the retail planning guidelines; the nature of changes under consideration; when he expects to publish revised guidelines; and if he will make a statement on the matter. [36852/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
Link to this: Individually | In context

As indicated in the reply to Question No. 290 of 6 October 2010, my Department is currently reviewing the Retail Planning Guidelines which were originally published in 2001 and updated in 2005.

Among the principles guiding the review are the following:

· competition to the benefit of the consumer should be maintained and enhanced in accordance with proper planning and sustainable development;

· existing retail development-type definitions and relevant floorspace limits should be assessed to determine whether they remain appropriate or whether they need to be amended;

· preferred locations for retail development should continue to be guided by considerations of sustainable land use, including access by public transport;

· in particular, new retail development should be encouraged to contribute to the vitality and vibrancy of town and village centres, to ensure that they retain retailing as a core function; and

· realistic, regionally consistent and forward-looking strategies for plan-led retail development should be devised which can give clear guidance to planning authorities, developers and shop owners in formulating development or expansion proposals.

An Issues Paper, which set out high-level and strategic issues for retail planning, was published in June 2010 to provide an opportunity for stakeholders and interested parties to assist in identifying key issues to be considered in the context of preparing and drafting revised guidelines. Almost 200 submissions were received by the closing date of 30 July, and the issues raised in these submissions are currently being examined in drafting the updated guidelines. It is intended that revised draft guidelines will be published for consultation before the end of the year, thus affording interested parties a further opportunity to input into the process before the guidelines are finalised.