Written answers

Wednesday, 6 July 2011

Department of Environment, Community and Local Government

Proposed Legislation

9:00 pm

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Question 119: To ask the Minister for the Environment, Community and Local Government if legislation will be required to carry out a flood risk report in the preparation of the city and county development plans of local authorities; the date on which this will happen; and if he will make a statement on the matter. [19019/11]

Photo of Willie PenroseWillie 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.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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Question 120: To ask the Minister for the Environment, Community and Local Government his plans to amend the 2010 Planning and Development Act to allow for public submissions on zoning and to re-balance power towards elected representatives; and if he will make a statement on the matter. [19020/11]

Photo of Willie PenroseWillie 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, is precluded from referring 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.

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