Ministerial guidelines
The Planning System and Flood Risk Management: Guidelines for Planning Authorities
Flood Zones A, B and C, the sequential approach and the Justification Test for development in areas at risk of flooding.
Department of the Environment, Heritage and Local Government and the Office of Public Works · November 2009 · 81 pages
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- Guidelines for Planning Authorities November 2009 The Planning System and Flood Risk Management20
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- i Contents Ministers’ Foreword iii Overview of the Guidelines iv 1. Background and Objectives The issue 1 Purpose of the Guidelines 1 Status of the Guidelines 1 Objectives of the Guidelines 2 Report of the Flood Policy Review Group 2 2. Flooding – Key Concepts Types and causes of flooding 7 Impacts of flooding 10 Flood risk 12 Flood risk assessment 13 Flood zones 15 Climate change and flood risk assessment 17 Flood risk management 18 Sustainable Drainage Systems (SuDS) 19 3. Principles and Key Mechanisms Planning principles 21 Sequential approach 22 Justification Test 26 Flooding and Strategic Environmental Assessment 27 Flood risk assessment and Environmental Impact Assessment 27 PAGE Guidelines for Planning Authorities The Planning System and Flood Risk Management
- ii 4. Flooding and Spatial Planning Flooding and the National Spatial Strategy 29 Flooding and regional planning guidelines 30 Regional Flood Risk Appraisal and SEA 30 Integrating RFRA and SEA processes 31 Co-ordination of development plans 32 Integrating flood risk into development plans 32 Strategic Flood Risk Assessment 33 Strategic Flood Risk Assessment and SEA 36 Development plan Justification Test 36 Other development plan objectives 38 Existing undeveloped, zoned areas at risk of flooding 40 Local area plans 40 5. Flooding and Development Management The role of good development management 43 Stages of development management 44 Pre-application and identification of flood risk 44 Lodgement 45 Processing and assessment 47 Application of the Justification Test in development management 48 Flood risk assessment and EIS 50 Making the decision 50 Assessment of major proposals for development in areas of flood risk pending implementation of these Guidelines 52 Assessment of minor proposals in areas of flood risk 52 6. Conclusion 55 Glossary of Terms 56 Frequently Asked Questions 66 PAGE
- :: :: :: Ministers’ Foreword The planning system plays a major national and local role in ensuring that development is promoted and guided in a manner that is sustainable in economic, social and environmental terms. The Government’s National Spatial Strategy 2002-2020, the National Development Plan 2007-2013, the National Sustainable Development Strategy - Making Ireland’s Development Sustainable (2002) and the Planning and Development Act 2000, provide the frameworks and policies under which proper planning and sustainable development can be achieved. In recent years, we have become increasingly aware of the importance of factoring the risk to people, property, the overall economy and the environment from flooding into the planning system, and the role that good planning has in avoiding and reducing such risk that could otherwise arise in the future. The 2004 Report of the Flood Policy Review Group which was approved by the Government highlighted the need to pro-actively manage flood risk. There are many areas, including towns and cities that are already at risk from periodic flooding. The effects of climate change, such as more severe rainfall events and rising sea levels, will increase these risks and may put other areas at risk that may not have flooded in the past. Adapting to the reality of climate change therefore requires us to be even more vigilant in ensuring that risks of flooding into the future are integrated into the planning process, first through the spatial planning process at regional, city and county and local levels, and also in the assessment of development proposals by planning authorities and An Bord Pleanála. These guidelines require the planning system at national, regional and local levels to: Avoid development in areas at risk of flooding, particularly floodplains, unless there are proven wider sustainability grounds that justify appropriate development and where the flood risk can be reduced or managed to an acceptable level without increasing flood risk elsewhere; Adopt a sequential approach to flood risk management when assessing the location for new development based on avoidance, reduction and mitigation of flood risk; and Incorporate flood risk assessment into the process of making decisions on planning applications and planning appeals. The Government places a high degree of importance on planning and development measures as a critically important element of its overall strategic approach to adaptation to climate change and flood risk management, building upon its long-standing acknowledgement of flooding in legislation as an important planning issue. We urge planning authorities, An Bord Pleanála, regional authorities, applicants for planning permission, their agents and developers to study the guidelines and implement them fully. In particular, we would urge elected members to implement these guidelines in reviewing development plans, especially in zoning land for development. While the consideration of flood risk may, for valid and justifiable reasons, constrain development in some areas, these guidelines also recognise the fact that many of the areas where people live and work are already subject to flood risk, and that the needs for regeneration and growth can be reconciled, while taking due account of the need to minimise and mitigate such risks. Mr. John Gormley, T.D., Minister for the Environment, Heritage and Local Government. Dr. Martin Mansergh, T.D., Minister of State at the Department of Finance, with special responsibility for the OPW. iii
- Overview of the Guidelines These Guidelines introduce comprehensive mechanisms for the incorporation of flood risk identification, assessment and management into the planning process. Implementation of the Guidelines will be achieved through actions at the national, regional, local authority and site-specific levels. At the national level: The Minister for the Environment, Heritage and Local Government has introduced these Guidelines as a comprehensive statement of good planning practice and as a key step towards a National Climate Change Adaptation Strategy. The Minister will further monitor the development plans of local authorities to ensure that they are prepared in a manner that is consistent with the Guidelines. The Department of the Environment, Heritage and Local Government will ensure that all relevant departmental publications and regulations encourage and promote the use of Sustainable Drainage Systems (SuDS). The Office of Public Works, as the lead agency for flood risk management in Ireland, will continue its work in developing indicative flood maps and catchment-based Flood Risk Management Plans (FRMPs) in partnership with local authorities, the Environmental Protection Agency and other relevant departments and bodies in accordance with national flood policy and the EU Floods Directive. DEHLG and OPW will work with regional and local authorities in assisting with technical aspects of the implementation of these Guidelines on an ongoing basis, learning from experience within Ireland and internationally. At the regional level: Regional Authorities will be required to prepare a strategically focused flood risk appraisal at the regional level as an integral input to the preparation of regional planning guidelines (RPG’s) which act as a framework for ongoing co-ordination of the development plans of local authorities in their areas. The preparation of this element of the RPG’s will be co-ordinated with the preparation of River Basin Management Plans (RBMP’s) under the EU Water Framework Directive and future work required to prepare Flood Risk Management Plans under the EU Floods Directive by the OPW. 1. 2. 3. 4. 5. iv
- At city and county level: Planning authorities will introduce flood risk assessment as an integral and leading element of their development planning functions under the Planning Code and at the earliest practicable opportunity in line with the requirements of these Guidelines. The new flood risk assessment system will be aligned with the existing Strategic Environmental Assessment (SEA) process introducing processes for identifying flood risk and determining what flood risk assessment is required and carrying out such assessments similar to the overall system for screening and scoping under the SEA process. City and county development plans will establish the flood risk assessment requirements for their functional areas including other planning authorities such as Town Councils and any local area plans (LAP) which may be supplemented by more detailed site-specific flood risk assessment required to comply with these Guidelines. Planning authorities will assess planning applications for development in accordance with the provisions of these Guidelines following the guidance of their own or any OPW Strategic Flood Risk Assessment and the application of the sequential approach and, if necessary, the Justification Test required by these Guidelines. Planning authorities will ensure that development is not permitted in areas of flood risk, particularly floodplains, except where there are no suitable alternative sites available in areas at lower risk that are consistent with the objectives of proper planning and sustainable development. Where such development has to take place, in the case of urban regeneration for example, the type of development has to be carefully considered and the risks should be mitigated and managed through location, layout and design of the development to reduce flood risk to an acceptable level. Planning authorities will ensure that only developments consistent with the overall policy and technical approaches of these Guidelines will be approved and permission will be refused where flood issues have not been, or cannot be, addressed successfully and where the presence of unacceptable residual flood risks to the development, its occupants or users and adjoining property remains. Under the Planning and Development Act 2000, planning permission refused for the reason that the proposed development is in an area which is at risk of flooding excludes compensation. In the case of applications for planning permission and development consents to planning authorities and An Bord Pleanála, applicants and their agents are required to: Carefully examine their development proposals to ensure consistency with the requirements of these Guidelines including carefully researching whether there have been instances of flooding or there is the potential for flooding, on specific sites and declaring any known flood history in the planning application form as required under the Planning and Development Regulations 2006. Engage with planning authorities at an early stage, utilising the arrangements for pre-planning application consultation with regard to any flood risk assessment issues that may arise. Carry out a site-specific flood risk assessment, as appropriate, and comply with the terms and conditions of any grant of planning permission with regard to the minimisation of flood risk. 6. 7. 8. 9. 10. 11. 12. 13. 14. v Guidelines for Planning Authorities The Planning System and Flood Risk Management
- Chapter 1 Source: Waterford City Council
- The issue Flooding is a natural process that can happen at any time in a wide variety of locations. Flooding from the sea and from rivers is probably best known but prolonged, intense and localised rainfall can also cause sewer flooding, overland flow and groundwater flooding. Flooding has significant impacts on human activities, it can threaten people’s lives, their property and the environment. Assets at risk can include housing, transport and public service infrastructure, and commercial, industrial and agricultural enterprises. The health, social, economic and environmental impacts of flooding can be significant and have a wide community impact. The frequency, pattern and severity of flooding are expected to increase as a result of climate change. Development can also exacerbate the problems of flooding by accelerating and increasing surface water run-off, altering watercourses and removing floodplain storage. Purpose of the Guidelines Planning authorities (both elected members and officials) must implement these Guidelines in ensuring that, where relevant, flood risk is a key consideration in preparing development plans and local area plans and in the assessment of planning applications. The Guidelines will also assist regional authorities in preparing regional planning guidelines and should be utilised by developers and the wider public in addressing flood risk in preparing development proposals. Fig. 1 summarises the role that flood risk should play at different levels of the planning system. Status of the Guidelines These Guidelines are being issued by the Minister of the Environment, Heritage and Local Government under Section 28 of the Planning and Development Act 2000. Planning authorities and An Bord Pleanála are required to have regard to the Guidelines in carrying out their functions under the Planning Acts. They are also required to make the Guidelines available for inspection by members of the public. These Guidelines supersede previous interim guidance on flooding in Appendix E to the Development Plan Guidelines in 2007. These Guidelines are accompanied by a separate document containing technical appendices, which planning authorities, applicants and their agents must use in addressing more detailed implementation of the Guidelines. The appendices to these Guidelines may be updated and circulated from time to time reflecting improvements in flood risk and climate change data as well as techniques in flood risk assessment. 1.1 1.2 1.3 1.4 1.5 A route map for these Guidelines is presented in Fig. 1.1. 1 Background and Objectives Guidelines for Planning Authorities The Planning System and Flood Risk Management
- Objectives of the Guidelines The core objectives of the Guidelines are 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. These Guidelines outline methodologies for the transparent consideration of flood risk at all levels of the planning process, ensuring a consistency of approach throughout the country. The Guidelines will contribute to the avoidance or minimisation of potential flood risk through a more systematic approach within a river catchment context. In achieving the aims and objectives of the Guidelines, the key principles that should be adopted by regional and local authorities, developers and their agents should be to: :: Avoid the risk, where possible, :: Substitute less vulnerable uses, where avoidance is not possible, and :: Mitigate and manage the risk, where avoidance and substitution are not possible. Report of the Flood Policy Review Group The Report of the Flood Policy Review Group, published in 2004 following Government approval of its recommendations, including the decision that the OPW should be the lead agency for implementing flood risk management policy in Ireland, highlighted the need to pro-actively manage flood risk. A particular emphasis was placed in the report on the need to avoid or minimise potential future increases in risk. The Report recognised that planning and development management should be a key component of the strategy for 1.6 1.7 1.8 1.9 2 1
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