Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 243: To ask the Minister for the Environment, Community and Local Government when he will introduce a mechanism to require all local authorities to carry out an educational impact assessment for all new zoning for residential development to ensure an adequate supply of school places. [14200/11]

Willie Penrose (Longford-Westmeath, Labour)
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The Provision of Schools and the Planning System - A Code of Practice was jointly published, in August 2008, by my Department and the Department of Education and Skills. The Code of Practice sets out co-ordinated actions to be taken in relation to forecasting future demand for school places by the Department of Education and Skills and planning for the provision of school sites within the planning system, as well as the efficient handling of planning applications and associated consultations by the relevant planning authorities to expedite school delivery.

With regard to assessing the implications of local authority development planning on the issue of schools and school provision in a given area, local authorities are obliged under the Code of Practice to take this matter into account in preparing and finalising their plans, working in conjunction with the relevant forward planning and new school sections of the Department of Education and Skills.

Furthermore, section 10(2)(l) of the Planning and Development Act 2000 requires a development plan to include objectives for "the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other education and childcare facilities". This requirement is restated in my Department's 2007 Development Plan Guidelines for Planning Authorities which together with the Code of Practice are available on my Department's website at www.environ.ie.

Implementation of the Code of Practice is a matter for local authorities, working in conjunction with the Department of Education and Skills. I believe that the Code is working satisfactorily as evidenced by the many development plans and local area plans that have addressed the schools issue more comprehensively than in the past and as facilitated by detailed forecasting on school requirements now available from the Department of Education and Skills.

Both I and the Minister for Education and Skills are statutory consultees for the purposes of local authority development plans. My Department will continue to work pro-actively with the Department of Education and Skills in ensuring the issue of schools provision is properly addressed both in local authority plans and in assisting the Department of Education and Skills in ensuring that new schools are delivered in a timely and cost-effective manner and in line with the proper planning and sustainable development of the areas in which they are needed.

Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 244: To ask the Minister for the Environment, Community and Local Government when he will introduce a planning and development (amendment) Bill to allow for detailed public submissions on zoning. [14201/11]

Willie Penrose (Longford-Westmeath, Labour)
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It remains open to the public to make detailed submissions on zoning for consideration by the planning authority in respect of draft development plans and draft variations to such plans under sections 12 and 13 of the Planning and Development Act 2000 (as amended), with similar provisions applying in the case of draft local area plans under section 20 of the Act.

Notwithstanding these provisions, under section 11 of the Planning and Development Act 2000 (as amended by section 8 of the Planning and Development (Amendment) Act 2010), the manager's report, summarising issues raised in submissions or observations made to the planning authority in respect of its notice to review the existing development plan and prepare a new plan, shall not refer to any submission relating to a request or proposal for zoning of particular land for any purpose. This is to ensure that the manager's report is focused on strategic considerations and policies at this early stage of the development plan review process rather than on specific zoning proposals which can be made during the consultation period when the draft plan has been published.

In delivering on the specific commitments in the Programme for Government, I intend to keep the planning code under regular review to ensure that there continues to be adequate access and participation both by the public and by public representatives in decision-making and policy formulation.

Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 245: To ask the Minister for the Environment, Community and Local Government if he will introduce a mechanism to require local authorities to carry out a flood risk report in the preparation of their city and county development plans and when he will introduce a legal requirement for local authorities to manage flood risk through sustainable planning and development. [14202/11]

Willie Penrose (Longford-Westmeath, Labour)
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My Department's Guidelines to Planning Authorities on the Planning System and Flood Risk Management, which were published on 30 November 2009, are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk assessment and management in the planning system. The Guidelines were issued under section 28 of the Planning and Development Act 2000 (as amended) which requires planning authorities and An Bord Pleanála to have regard to them in the performance of their functions. These measures have been further embedded in legislation through the Planning and Development (Amendment) Act 2010.

As part of my statutory observation role in respect of development plans and local area plans, my Department is monitoring implementation of the Guidelines in conjunction with the relevant legislative provisions in the planning code, to determine, inter alia, whether the existing provisions continue to provide a sound basis for planning authorities to identify, assess and take appropriate steps to manage flood risk in a sustainable manner within their area.