Development plan · Cork County Council
Cork County Development Plan 2022–2028 – Volume One: Main Policy Material
The council's development plan written statement: its strategy, policies, objectives and development standards. Variations adopted since are not in this text.
Cork County Council · 2022–2028 · 564 pages
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- 241 11.10 Surface Water 11.10.1 In most towns, surface water is usually disposed to the sewer network which can become overloaded in periods of high rainfall and/or high tides. Development of previously ‘green’, or permeable land within an urban area increases the impermeable area. Use of natural water retention measures (NWRM), for example, Sustainable Drainage Systems (SuDS) can play a role in reducing and managing runoff to surface water drainage systems as well as improving water quality and contributing to local amenity. 11.10.2 The objective of SuDS in new developments is to replicate, as closely as possible, the surface water drainage regime of the predevelopment ‘greenfield’ situation. Therefore, the extent of impermeable surfaces such as road surfaces, parking areas, driveways, patios, etc, should be minimised by careful attention to site layout and the specification of porous surfacing materials where practicable. The management of storm water drainage should emphasise retention and infiltration at source, which reduces runoff volumes and slows the rates of runoff as well as providing partial treatment and promoting groundwater recharge. The latter requirement reduces the pollution threat to watercourses and groundwater. 11.10.3 It is important that SuDs solutions are considered as an interconnected system rather than reliance on a single component or measure. While engineered attenuation in underground tanks may be necessitated in limited circumstances, a range of solutions should be considered in a SuDS scheme which are designed to manage, treat and make best use of surface water, prioritising nature-based solutions and embracing opportunities to enhance green infrastructure and create attractive, nature rich open space. This would also have the effect of minimising the future management and maintenance burden that underground tanks present. Where SuDS measures are being proposed, the chosen solution should be fully justified having regard to a hierarchy of nature-based solutions. The use of green roofs, particularly on apartment, commercial, industrial, leisure and educational buildings is encouraged. 11.10.4 The Council will continue to require the provision of SuDS in residential and industrial developments. Useful guidance documents in the design and application of Natural Water Retention Measures and SuDS include: • Greater Dublin Strategic Drainage Study – Volume 2 • The SuDS Manual, CIRIA Report C753 • Sustainable Drainage Design and Evaluation Guide 2021, Dublin City Council • Sustainable Drainage Explanatory Design and Evaluation Guide 2022, South Dublin County Council • Nature-based Solutions to the Management of Rainwater and Surface Water Runoff in Urban Areas – Water Sensitive Urban Design Best Practice Interim Guidance Document, Department of Housing, Local Government and Heritage, November 2021 11.10.5 It is important that proposals continue to be advanced to separate the surface water system from the foul water system and that general improvement to the drainage networks generally occur in all settlements. New development should avoid surface water discharge to any combined sewer system where possible. Water Sensitive Urban Design 11.10.6 The focus of surface water management has shifted from volumetric control to wider benefits for water quality and biodiversity. Nature based solutions to surface water management are an effective means of adapting to climate change and creating climate resilient communities. A mechanism for integrating all of these considerations is through water sensitive urban design. This involves projects being designed with surface water in mind from the inception stage and provides synergies with the approach to flooding set out later in this chapter. 11.10.7 It is useful to link water sensitive urban design to the wider provision of Green Infrastructure. Chapter 14 highlights the green infrastructure approach at settlement and site level and complimenting this, green infrastructure diagrams provided for the main towns of the County in Volumes 3-5, show how water sensitive urban design can be used to deliver, enhance, and strengthen green infrastructure at settlement level. 11.10.8 Resources for considering good practice in relation to nature based solutions and water sensitive urban design include: • Natural Water Retention Measures - http://nwrm.eu/ • Water Sensitive Urban Design in the UK - CIRIA - wsud_ideas_book.pdf (susdrain.org) GO TO CONTENTS
- 242 County Development Plan Objective WM 11-10: Surface Water, SuDS and Water Sensitive Urban Design a) Require that all new developments incorporate sustainable drainage systems (SuDS). Efforts should be taken to limit the extent of hard surfacing and impermeable paving. b) Encourage the application of a Water Sensitive Urban Design approach in the design of new development or other urban interventions. Opportunities to contribute to, protect or re-enforce existing green infrastructure corridors or assets should be maximised. c) Optimise and maximise the application of Sustainable Urban Drainage Systems (SuDS) to mitigate flood risk, enhance biodiversity, protect and enhance visual and recreational amenity; all in the most innovative and creative manner appropriate and in accordance with best practices. Proposals should demonstrate that due consideration has been given to nature based solutions in the first instance in arriving at the preferred SuDS solution for any development. d) Provide adequate storm water infrastructure in order to accommodate the planned levels of growth expected for the County. e) Where surface water from a development is discharging to a waterbody, appropriate pollution control measures (e,g, hydrocarbon interceptors, silt traps) should be implemented. f) The capacity and efficiency of the national road network drainage regimes will be safeguarded for national road drainage purposes. Protection of the Riparian Zone 11.10.9 At an ecological level, streamside riparian zones are particularly valuable as they are positioned at the interface between aquatic and terrestrial environments and are home to many species. They also help buffer the stream from excess nutrients and pollutants in the landscape. The appropriate width of the riparian/buffer zone will depend on factors such as land use, land topography, soil type, channel width/gradient and critical habitats to be protected. 11.10.10 The ‘Planning for Watercourses in the Urban Environment’ Guide developed by Inland Fisheries Ireland is a particularly useful guiding document which outlines how to plan future waterside development in a manner which protects the watercourse and yet integrates multifunctional considerations. It recognises not only the need to protect watercourses and their associated riparian zones but also acknowledges that this area can contribute to the health and wellbeing of those living nearby. It highlights that wider buffer zones around rivers can be multifunctional in the urban environment and if, planned, linked and managed appropriately, bring greater benefits to the wider community. It is recommended that, while the appropriate response to a given riparian environment may be specific to the particular circumstances of the site, the general principles outlined in this guidance document should be carefully considered. 11.10.11 Because of their importance all rivers and streams should be maintained in an open semi-natural condition, wherever possible and the use of culverts is discouraged. Their corridors and valleys will be protected and maintained for their biodiversity and landscape values, including flood protection. This Plan aims, through appropriate zoning and objectives, to protect and enhance the riparian zone, particularly in cases where it corresponds with identified flood protection zones. County Development Plan Objective WM 11-11: River Channel Protection a) Ensure adequate protection measures along watercourses, keeping them free from development by ensuring development is kept 10m or other appropriate distance from stream and river banks is line with best practice for riparian corridors. Development altering the hydromorphology of a watercourse will not normally be permitted, where it may result in the deterioration in the status of a water body through for example, impacts on water quality, quantity or flow rate, riparian habitat or protected species. b) There will be a presumption against the use of culverts and opportunities to actively remove existing culverts and re-naturalise/ daylighting watercourses will be encouraged in development proposals. c) Where river crossings are considered necessary, clear span river crossing structures shall be used on fisheries waters where possible. The Council will consult with Inland Fisheries Ireland in relation to any such proposals. County Development Plan Objective WM 11-12: Surface Water Management Manage surface water catchments and the use and development of lands adjoining streams, watercourses and rivers in such a way as to minimise damage to property by instances of flooding and with regard to any conservation objectives of European sites within the relevant catchments and floodplains. GO TO CONTENTS
- 243 11.11 Flooding 11.11.1 Flooding when it occurs has often devastating effects on local communities across the county. The impact of climate change is visible through increased rainfall days per year, more intense rainfall events, sea level rises, increased river flows and surface water flooding. In order to reduce the impact of increased flood risk for the County, there are options available which may include flood protection works, stormwater attenuation and avoidance of development in floodplains except in very limited circumstances. 11.11.2 A key function of floodplains and wetlands subject to flooding is to hold excess water until it can be released slowly back into the river system or seep into the ground as a storm surge subsides. Floodplains or wetlands subject to flooding should, therefore, be recognised and preserved to the maximum extent possible, in both urban and rural areas as green infrastructure which provides a natural defence against flood risk. 11.11.3 The Coastal and Flood Projects Department in Cork County Council works in partnership with the Office of Public Works (OPW) on the delivery of major flood relief schemes within the county. This section also coordinates the funding application process for smaller flood mitigation schemes under the OPW’s Minor Flood Mitigation Works and Coastal Protection Scheme and also procures the delivery of capital coastal infrastructure projects, with funding assistance from Government Departments, principally the Department of Agriculture, Food and Marine. 11.11.4 An updated Strategic Flood Risk Assessment (SFRA) has been carried out on this Plan based on best available data and mapping and in accordance with The Planning System and Flood Risk Management Guidelines for Planning Authorities. This updated SFRA should be consulted as additional guidance in the application of the flooding policies set out hereunder and provides significant information on how flood risk has been appraised in each settlement including the outcome of Justification Tests containing site specific guidance. Flood Risk Management 11.11.5 The coordination and implementation of the EU Floods Directive (2007/60/EC) is the responsibility of the Office of Public Works (OPW). They are responsible for preparing predictive flood mapping and catchment-based flood risk management plans. The OPW are responsible for a €1 billion investment over a 10-year period in a programme of flood relief measures. Their delivery is set out in the OPW publication ‘Implementing the National Flood Risk Policy’. 11.11.6 The OPW in partnership with Cork County Council, have recently completed a number of Major Flood Relief Schemes in the county in Mallow, Fermoy, Bandon, Skibbereen and Clonakilty. There are several Flood Relief Schemes at design stage around the County for example at Castlemartyr, Innishannon, Macroom and Midleton and Ballinacurra. There are several more projects at design stage, which may lead to works to mitigate flood risk. Also, a number of smaller schemes / studies are being carried out under the OPW Minor Works Programme. A full list of Flood Relief Schemes across the county can be viewed in the updated SFRA. The Planning System and Flood Risk Management 11.11.7 The national approach to planning and flood risk management is set out in the 2009 Guidelines for Planning Authorities ‘The Planning System and Flood Risk Management’ issued by the then Minister for the Environment, Heritage and Local Government and Circular PL 2/2014. The approach is to: • Avoid inappropriate development in areas at risk of flooding; • Avoid new developments increasing flood risk elsewhere, including that which may arise from surface water run-off; • Ensure effective management of residual risks for development permitted in floodplains; • Avoid unnecessary restriction of national, regional or local economic and social growth; • Improve the understanding of flood risk among relevant stakeholders; and • Ensure that the requirements of EU and national law in relation to the natural environment and nature conservation are complied with at all stages of flood risk management. 11.11.8 National Policy Objective (NPO) 57 reiterates and expands on these guidelines by ensuring flood risk management informs place-making by avoiding inappropriate development in areas at risk of flooding. Further the objective seeks to ensure that the River Basin Management Plan objectives should be fully considered throughout the physical planning process and sustainable water management solutions should be integrated to create safe places. GO TO CONTENTS
- 244 Overall Approach to Flood Risk Assessment 11.11.9 The Flood Zones are shown on the zoning maps in the development plan, and they provide information on two main areas of flood risk i.e. Flood Zone A – High Probability of Flooding from rivers and the sea, and Flood Zone B – Moderate Probability of Flooding from rivers and the sea. The third area, Flood Zone C, is all the areas of the County which are not in Zones A or B, and is not specifically highlighted on the maps. The Flood Zones are described in Section 2 of the Guidelines for Planning Authorities ‘The Planning System and Flood Risk Management’. Localised flooding from sources other than rivers and the coast can still occur within Flood Zone A, B or C and will need to be taken into account at the pre planning and planning application stage. Flooding from other sources does not inform the extents of the flood zones, in accordance with the Guidelines. As is set out in detail in the SFRA the most up to date data has been used to inform the Flood Zone mapping. Flood Risks and ‘Zoning’ 11.11.10 Generally, proposals for new zoning which significantly conflict with the ‘Flood Zones’ have not been included as zoned land unless the proposed use or development satisfied the ‘Justification Test for Development Plans’ set out on page 37 of the Ministerial Guidelines. The Justification Tests are included within the updated SFRA. 11.11.11 A strategic approach to managing flood risk in County Cork has been taken in this Plan. Specifically; • Areas at risk of flooding have been identified. • A precautionary approach has largely been employed, applying the sequential approach to landuse zoning to direct development away from areas at risk of flooding. • Areas at risk of flooding as identified which are being put forward for landuse zoning have been subject to assessment through the Justification Test for Development Plans. • A flood risk assessment / drainage impact assessment will be required to support all planning applications, including those in Flood Zone C. • Where particular areas within Flood Zone A and B were identified as being strategically important for the consolidated and coherent growth of the county’s settlements and zoned accordingly, and the Justification Test for Development Plans has been applied and passed as part of this Development Plan, the Development Management Justification Test will also need to be passed. This will be undertaken as part of the design stage of a specific development and will include, under Part 3, a site-specific flood risk assessment and mitigation measures for site and building works will be required to be integrated. • Where sites are subject to a specific development objective and are within Flood Zone A or B an “*” has been included as part of the objective to highlight the need for a site specific flood risk assessment. This does not remove the need to undertake a flood scoping/ drainage assessment of all other sites. • On sites which are not subject to a specific zoning objective, or have failed the Justification Test for Development Plans, highly and less vulnerable development within Flood Zones A and highly vulnerable development in Flood Zone B will not be permitted. Applications for Planning Permission in Areas at Risk of Flooding Requirements for Flood Risk Assessment 11.11.12 It is recommended that intending applicants for planning permission should carry out this first stage of the site-specific flood risk assessment process well in advance of the submission of their application for planning permission and that its recommendations should be brought to the attention of Council staff as part of a pre-planning meeting. 11.11.13 Assessment of flood risk is required in support of all proposals for development. The level of detail will vary depending on the risks identified and the proposed land use. As a minimum, all proposed development, including that in Flood Zone C, must carry out a flood risk screening assessment to include: • An examination of all potential sources of flooding that may affect a particular location – in addition to the fluvial and tidal risk represented in the Flood Zone maps. This may include flooding associated with overland flows, flooding from artificial drainage systems, ground water flooding, pluvial flooding, flooding from unmapped streams, and flooding indicated by OPW’s benefiting lands (See www.floodinfo.ie for more information about Arterial Drainage Schemes). • A review of all available flood related information, including the flood zone maps and historical flood records (from www. floodinfo.ie, and through wider internet / newspaper / library search, local knowledge of the flooding area). GO TO CONTENTS
- 245 • Assessment of potential impact of development on adjoining land and development, whether in Flood Zones A, B or C, particularly with respect to surface water management and • the potential impacts of climate change. 11.11.14 The assessment may be a qualitative appraisal of risks, including consideration of the impact of surface water flood risk on drainage design. Alternatively, the findings of the CFRAM, or other detailed study, may be drawn upon to inform site design and layout and finished floor levels or the need for other mitigation measures. In other circumstances a more detailed flood risk assessment, including modelling study may need to be undertaken. 11.11.15 The detailed flood risk assessment process will generally include: • Plans showing the site and development proposals and its relationship with watercourses and structures which may influence local hydraulics; • Survey of site levels and cross-sections relating to relevant development levels to sources of flooding and likely flood water levels; • Description of the site and surrounding area, including ground conditions, levels and land use. • Assessments of: o All potential sources of flooding that may affect a particular location – in addition to the fluvial and tidal risk represented in the indicative flood risk maps. This may include flooding associated with overland flows, flooding from artificial drainage systems, ground water flooding, pluvial flooding, flooding from unmapped streams, and flooding from benefiting lands (See www.floodinfo.ie for more information about Arterial Drainage Schemes); o A review of all available flood related information, including the flood zone maps and historical flood records (from www.floodinfo.ie , and through wider internet / newspaper / library search, local knowledge of the flooding area). o Flood alleviation measures already in place; o The potential impact of flooding on the site; o How the layout and form of the development can reduce those impacts, including arrangements for safe access and egress; o Proposals for surface water management according to sustainable drainage principles; o The effectiveness and impacts of any necessary mitigation measures; o The residual risks to the site after the construction of any necessary measures and the means of managing those risks; and o A summary sheet which describes how the flood risk have been managed for occupants of the site and its infrastructure. 11.11.16 Where it can be satisfactorily shown in the detailed site-specific flood risk assessment that the proposed development, and its infrastructure, will avoid significant risks of flooding in line with the principles set out in the Ministerial Guidelines, then, subject to other relevant proper planning considerations, permission may be granted for the development. Guidance on how to carry out a detailed site-specific flood risk assessment including potential sources of information and key outputs of any assessment are outlined in the SFRA and the ‘Planning system and Flood Risk Management Guidelines 2009, and Technical Appendices A’. 11.11.17 It should be noted that for residential buildings within Flood Zone A or B, bedroom accommodation is more appropriate at upper floor levels. For commercial operations, business continuity must be considered, and steps taken to ensure operability during and recovery after a flood event for both residential and commercial developments. Emergency access must be considered as in many cases flood resilience will not be easily achieved in the existing built environment. Drainage Impact Assessment 11.11.18 All proposed development must consider the impact of surface water flood risks on drainage design. The drainage design should ensure no increase in flood risk to the site, or the downstream catchment. 11.11.19 For larger sites (i.e. multiple dwellings or commercial units) master planning should ensure that existing flow routes are maintained, through the use of green infrastructure. Where possible, and particularly in areas of new development, floor levels should at a minimum be 300mm above adjacent roads and hard standing areas to reduce the consequences of any localised flooding. Where this is not possible, an alternative design appropriate to the location may be prepared. GO TO CONTENTS
- 246 11.11.20 The use of Sustainable Drainage Systems and green infrastructure in developments are addressed in more detail earlier in this chapter and also in Chapter 14 Green Infrastructure and Recreation of the Plan. Minor Developments 11.1.21 Section 5.28 of the Planning Guidelines on Flood Risk Management identifies certain types of development as being ‘minor works’ and therefore exempt from the Justification Test. Such development relates to works associated with existing developments, such as extensions, renovations and rebuilding of the existing development, small scale infill and changes of use. The SFRA has clearly identified zoning objectives which are at flood risk but where the land has remained zoned to reflect the existing use, but where new development is limited to Section 5.28 only. 11.11.22 While the ‘Sequential Approach’ and ‘Justification Test’ does not apply in these areas, an assessment of the risks of flooding should accompany such applications. This must demonstrate that the development would not increase flood risks, by introducing significant numbers of additional people into the flood plain and/or put additional pressure on emergency services or existing flood management infrastructure. The development must not have adverse impacts or impede access to a watercourse, floodplain or flood protection and management facilities. The design of built elements in these applications should demonstrate principles of flood resilient design. Climate Change 11.11.23 The impacts of climate change on flood risk, and in particular residual flood risk, should be considered for all proposed developments. This is particularly important for development near areas at risk of tidal flooding. For example, a development which is currently in Flood Zone C may be shown to be at risk when 0.5m is added to the design (1 in 200 year) tide level. Development proposals should include consideration of climate change impacts on fluvial, pluvial and tidal source of flooding. 11.11.24 Areas which benefit from flood defences can be highly sensitive to climate change impacts as an increase in flood levels will increase the likelihood of defence failure; it is important that this is recognised in the FRA although the means of managing increased risks may be associated with the longer term scheme maintenance and adaptation plan. 11.11.25 The Flooding Guidelines recommend that a precautionary approach to climate change is adopted due to the level of uncertainty involved in the potential effects. Specific advice on the expected impacts of climate change and the allowances to be provided for future flood risk management in Ireland is given in the OPW draft guidance1 . However, this guidance is over 10 years old now and climate science, particularly in relation to sea level rise, has developed rapidly. There are many coastal related climate change impacts, these include: • continued sea level rise; • potentially more severe Atlantic storms, which could generate more significant storm surges and extreme waves; • increased water depths lead to larger waves reaching the coast. 11.11.26 The OPW guidance recommends two climate change scenarios are considered and an allowance provided. These are the Mid-Range Future Scenario (MRFS) and the High-End Future Scenario (HEFS). The allowances should be applied to the 1% AEP fluvial or 0.5% AEP tidal levels. Where a development is critical or extremely vulnerable (see Table 11.4) the impact of climate change on 0.1% AEP flows should also be applied, and greater climate change allowances tested for resilience purposes. Table 11.4: Climate change allowances by vulnerability and flood source Development vulnerability Fluvial climate change allowance (increase in flows) Tidal climate change allowance (increase in sea level) Storm water/ surface water Less vulnerable 20% 0.5m (MRFS) 20% increase in rainfall Highly vulnerable 20% 0.5M (MRFS) Critical or extremely vulnerable (e.g. hospitals, major sub-stations, blue light services) 30% 1.0M (HEFS) Note: there will be no discounting of climate change allowances for shorter lifespan developments. 1 OPW Assessment of Potential Future Scenarios, Flood Risk Management Draft Guidance, 2009 GO TO CONTENTS
- 247 11.11.27 Further work on the impacts of climate change on flood levels was undertaken as part of the various CFRAM Studies and the ICPSS. The studies provided flood extents for both fluvial and coastal risk, which are available on www.floodinfo.ie. Assessment of climate change impacts can be carried out in a number of ways more detail on which can be found in the updated SFRA. Flood Resilient Design 11.11.28 For any development proposal in an area at moderate or high risk of flooding that is considered acceptable in principle (i.e. has passed the Plan Making Justification Test), the site specific FRA must demonstrate that appropriate mitigation measures can be put in place and that residual risks can be managed to acceptable levels. This may include the use of flood-resistant construction measures that are aimed at preventing water from entering a building and that mitigate the damage floodwater causes to buildings. Alternatively, designs for flood resilient construction may be adopted where it can be demonstrated that entry of floodwater into buildings is preferable to limit damage caused by floodwater and allow relatively quick recovery. See Section 4 - Designing for Residual Flood Risk of the Technical Appendices to the DoEHLG Flooding Guidelines for further guidance. Further detail on flood mitigation measures at site design can be found in the updated SFRA. County Development Plan Objective WM 11-13: Flood plains and Wetlands a) Protect the County’s floodplains, wetlands and coastal areas subject to flooding as vital green infrastructure which provides space for storage and conveyance of floodwater, enabling flood risk to be more effectively managed and reducing the need to provide flood defences in the future. b) Ensure that development does not impact on wetland sites within river / stream catchments and seek the restoration of degraded wetlands. County Development Plan Objective WM 11-14: Strategic Flood Risk Management a) Support the implementation of • the EU Flood Risk Directive (20010/60/EC) on the assessment and management of flood risks, • the Flood Risk Regulations (SI No 122 of 2010), • the Guidelines on ‘The Planning System and Flood Risk Management’ (2009) and • the recommendations of the South Western CFRAM study. b) Application of the flood policies of this Plan shall be fully informed by the recommendations contained in the updated Strategic Flood Risk Assessment (June 2022) accompanying the Plan, including the conclusions of Justification Tests contained therein. County Development Plan Objective WM 11-15: Flood Risk Assessments To require flood risk assessments to be undertaken for all new developments within the County in accordance with The Planning System and Flood Risk Management – Guidelines for Planning Authorities (2009) and the requirements of DECLG Circular P12/2014 and the EU Floods Directive. - For sites within Flood Zone A or B, a site specific Flood Risk Assessment will be required. - For sites within Flood Zone C, an examination of all potential sources of flooding, and consideration of climate change (flood risk screening assessment), will be required. In limited circumstances where the ‘Flood Risk Screening assessment’ identifies potential sources of flood risk, a site specific flood risk assessment may also be required. - All proposed development must consider the impact of surface water flood risks on drainage design through a Drainage Impact Assessment. The drainage design should ensure no increase in flood risk to the site, or the downstream catchment. GO TO CONTENTS
- 248 County Development Plan Objective WM 11-16: Flood Risks – Overall Approach Take the following approach in order to reduce the risk of new development being affected by possible future flooding: • Avoid development in areas at risk of flooding; and • Apply the sequential approach to flood risk management based on avoidance, substitution, justification and mitigation of risk. • Where development in floodplains cannot be avoided, applications for development must meet the definition of Minor Development or have passed the Justification Test for Development Plans in the updated SFRA and can pass the Justification Test for Development Management to the satisfaction of the planning authority. • Consider the impacts of climate change on the development. In areas where the Justification Test for Development Plans has not been applied, or has been failed, the sequential approach should be applied as follows: • In areas where there is a high probability of flooding - ‘Flood Zone A’ - avoid highly and less vulnerable development as described in Section 3 of ‘The Planning System and Flood Risk Management – Guidelines for Planning Authorities’ issued in November 2009 by DoEHLG. • In areas where there is a moderate probability of flooding - ‘Flood Zone B’ - avoid ‘highly vulnerable development’ described in section 3 of ‘The Planning System and Flood Risk Management – Guidelines for Planning Authorities’ issued in November 2009 by DoEHLG. • In areas where there is low probability of flooding – ‘Flood Zone C’ all uses may be considered subject to a full consideration of all flood risks. County Development Plan Objective WM 11-17: Development in Flood Risk Areas When considering proposals for development, which may be vulnerable to flooding, and that would generally be inappropriate as set out in Table 3.2 of the Guidelines, the following criteria must be satisfied: 1. The subject lands have been zoned or otherwise designated for the particular use or form of development in an operative development plan, which has been adopted or varied taking account of these Guidelines. 2. The proposal has been subject to an appropriate flood risk assessment that demonstrates: a. The development proposed will not increase flood risk elsewhere and, if practicable, will reduce overall flood risk; b. The development proposal includes measures to minimise flood risk to people, property, the economy and the environment as far as reasonably possible; c. The development proposed includes measures to ensure that residual risks to the area and/or development can be managed to an acceptable level as regards the adequacy of existing flood protection measures or the design, implementation and funding of any future flood risk management measures and provisions for emergency services access; and d. The development proposed addresses the above in a manner that is also compatible with the achievement of wider planning objectives in relation to development of good urban design and vibrant and active streetscapes. The acceptability or otherwise of levels of residual risk should be made with consideration of the type and predicted future use of the development and the local development context. The development is assessed not to have the potential to give rise to negative or adverse impacts on the integrity of Natura 2000 sites or Natural Heritage Areas or proposed Natural Heritage Areas. 11.11.29 In conjunction with the guidance on ‘The Planning System and Flood Risk Management’ (2009), Sustainable Drainage Systems and Green Infrastructure it is also important that all developments adhere to the Office of Public Works statutory consent process to assist in mitigating flood risk. The Office of Public Works (OPW) have a number of statutory consent processes required under the Arterial Drainage Acts (ADA) and SI 122. These consents are under a separate statutory process and are required to be put in place by the applicant (body or person) prior to commencement of the development. These consents are: Section 50: Arterial Drainage Amendment Act, 1945 and EU (Assessment and Management of Flood Risks) Regulations SI 122 of 2010 - Restrictions on the construction or alteration of bridges and culverts. This requires all bodies and persons proposing to carry out any works to a bridge or culvert (new or alteration to an existing) to seek consent from the OPW prior to construction. A Section 50 consent is required on watercourses which appear on 6-inch maps or a watercourse where there is a known flood risk (where it has caused flooding in the past). Section 9: Arterial Drainage Amendment Act, 1995 - Modification or Relocation of Watercourse, Embankment or Other Works. All bodies and persons proposing to carry out alterations to existing watercourses or structures in Drainage Schemes, must seek the consent of the OPW. This section applies to regrading or relocation of watercourses, replacement or relocation of embankments and various other works on Drainage Schemes (i.e. a Flood Relief Scheme). GO TO CONTENTS
- 249 Section 47: Arterial Drainage Act, 1945 - Restrictions on the Erection/Alteration of Weirs. A person planning to erect or alter a weir must first get consent from the Commissioners or all the affected landowners. County Development Plan Objective WM 11-18: Arterial Drainage Schemes and Flood Relief Schemes a) Ensure that access requirements are preserved for the maintenance of Arterial Drainage Schemes, Drainage Districts and Flood Relief Schemes. b) Where the construction, replacement or alteration of bridges and culverts over any watercourse is proposed, appropriate consent from the Commissioners is required under Section 50 of the Arterial Drainage Act 1945. GO TO CONTENTS
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Source Cork County Council: Cork County Development Plan 2022–2028 – Volume One: Main Policy Material (2022–2028) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.