EPA/DEHLG Water Quality Seminar Implications of Ground and Surface Water Regulations for Planning Policy and Practice Mr Niall Cussen Senior Adviser Department of the Environment Heritage and Local Government

Presentation Outline Context Surface Water Regulations Groundwater Regulations Related issues Planning Process Development Plan Development Management Implications of the Regulations Policy Practice Potential responses

Context: Patterns of Development

Planning for Urban Development Planning and Water Quality have tended to operate in separate contexts… Understanding of issues is good at specific locations (capacity of plants p.e./relationship to zoning), extent of scope for development consents… Understanding of wider systemic issues (cumulative effects) is poor…regional/sub regional settlement patterns over time… SEA/AA, River Basin Catchment Planning, various designations v helpful, also pose major challenges for the planning system…

Planning in Rural Areas Rural settlement: a key interface regarding planning/water quality interaction… Traditionally a very difficult policy and political question… Irelands topography, geomorphology and socio- political history increase the challenge… No simple solutions… Implications of new EPA Code of Practice…

440,000 systems 25,000 impacting on groundwater? 120,000 impacting on surface waters? Apart from Cavan, no regime for inspection/monitoring River Basin Management Plans coming in 2010

RIVERSNumber % by number High 4859% Good 1,59840% Moderate1,56228% Poor 75121% Bad 682% n/a 611% Total4,525 Interim Status: River Quality

Context: Water Quality Regulations Give legislative effect to relevant EU Directives establishing requirements on public authorities… To prevent deterioration in water quality status… Defined by scientific process (by EPA)… To protect high and good status waters where they exist… To achieve environmental objectives of associated protected areas… To restore waters of less than good status by 2015… Public authorities cannot carry out any of their functions in a manner that will knowingly cause or allow deterioration in quality… Measures: e.g. pollution reduction plans by specified dates…

Context: ECJ Case 188/08 Irelands legislation, as regards on site systems, does not comply with Articles 4 and 8 of the Waste Directive (75/442/EEC) Cavan bye-laws do comply with the Directive because: Requirements to comply with standards Regular inspections by competent persons Provide for penalties for non-compliance Provide for corrective measures Programme for Govt Commitment: “to introduce a scheme for the licensing and inspection of septic tanks” Response to the EU Commission DEHLG Task Force (with EPA, LG representation) Govt approval of response to deal with judgement Planning Circular and revised Part H Building Regulations Q1 Draft legislation Q1-2 Regulatory Impact Assessment Public Consultation Legislation finalised by end 2010 (standards, owner responsibilities, monitoring and inspection, remedial actions) Key Issue: standards for all systems (legacy)

Context: Waste Water Discharge (Authorisation) Regs Response to ECJ Case 282/02 regarding Dangerous Substances Regulations… Part VIII – linkages between decisions taken in a planning context and discharge licences authorising operation of municipal waste water treatment plants… You must have capacity in place (or “in the bag”) at the time of making decisions (taking into account the cumulative effect of previously permitted development)… Approving development that could lead to breaches in EPA WWTP licences is a criminal offence…

Context: Fresh Water Pearl Mussel Regs Response to ECJ Case 282/02… Setting legally binding objectives for water quality in rivers inhabited by freshwater pearl mussel (Margaritifera) and designated as Special Areas of Conservation… Minister to carry out a programme of investigation and monitoring within each river sub-basin to: establish baseline conditions, threats and pressures… prepare a programme of measures… prepare sub-basin management plans… EPA required, when classifying surface waters in accordance with WFD, to assign less than good status when FWPM is found to be in a less than favourable conservation status… Discharge licences to set ELV’s that protect FWPM and examine existing consents and review…

Other Local Level Plans RBMP’s Various Action Plans County Development Board strategies LA capital programmes Housing Strategy National Policy and Legislation NDP Climate Change Water Quality Regs Dept/Agency Capital programmes Planning Guidelines Spatial Strategy National Regional Regional Planning Guidelines Local Plans Development Plans Local Establishes Policy Context for… Assessment of and Decisions on Development Proposals Application to Planning Authority (PA) Bord Pleanala (Strategic Infrastructure) (SI) Appeal? Development/ Refusal of PP ABP decision to grant/refuse SI Decision PA Decision Appendix 1: How the Planning System Works at National Regional and Local levels. Our Planning System

Planning: Legislative Requirements for Plans (2000 Act) Regional Planning Guidelines: Section 23 (2) RPG’s shall address (e) water supply and wastewater issues…(i) the preservation and protection of the environment…. Development Plans Mandatory Objective: Conservation and Protection of the Environment (Including European Sites) (Section 10(2)(c)) Implementation of River Basin Management Plans? Discretionary: First Schedule Part IV Environment and Amenities Protecting and preserving the quality of the environment, including the prevention, limitation, abatement or reduction of environmental pollution and the protection of waters, groundwater, the seashore and the atmosphere Prohibiting, regulating or controlling the deposit or disposal of waste materials, refuse and litter, the disposal of sewage and the pollution of waters

Development Management Article 7 Planning and Development Regulations 2001 – de-exempts schedule 2 development where such development would affect an area of scientific/ecological interest, the preservation of which is an objective of the development plan…(could be used to conserve pristine/sensitive areas but would need excellent consultation and public information)… Section 34(2): When making its decision in relation to a planning application, planning authority shall be restricted to considering the proper planning and development of the area, regard being had to: Provisions of the development plan… Special Amenity Area Orders… Protection of European Sites… Government policy… Scope for any conditions of pp… Other statutory provisions… (e.g WW Discharge Authorisation Regulations)

Development Plan Policies Getting the development plan right is critical to all planning decisions… Generally, plans need better grounding in water quality related issues… E.g. definition of rural housing policies – area types defined by development pressure, population trends etc…. May be directing development towards sensitive areas… Need additional maps and policies showing these sensitive areas from WQ perspective, policies, objectives in response…

Groundwater Protection and Planning A specific gap in many development plans… SP5/2003 called for these in 2003! Counties that have them: probably low risks… Counties with highest risks: still do not have them in some cases… The maps will help citizens know how the planning authority will consider their proposals… Political challenges…

RBMP’s: Potential Data Source for Development Plans €50m spent on River Basin Management Plans so far… Huge levels of data regarding water quality in place… However, the data will probably need further analysis/application to the planning context to enable the planning and water quality codes to be properly integrated at development plan stage – understanding cumulative effects of development… Evidence base for control of some exempted development in pristine/sensitive locations utilising Article 7 Planning and Development Regulations 2001 (Agricultural buildings, afforestation, land reclamation) by inserting objectives in development plans…

Water Quality/Planning Interface Case Study: Leitrim 2006 population, 28,000 persons, 19,000 in rural areas (one-off houses with on-site wastewater treatment systems)… Probably 80%+ of sites presenting for planning will not meet EPA Code of Practice Standards – major practical and political issues… River Basin Management Plans: High/Good status, Pristine headwaters, ecological status… Next development plan must predict likely levels of housing development in different areas, urban and rural – over the plan period (Planning and Development Bill – Core Strategy)… Regional Planning Guideline allocation of future population growth to Leitrim County increase to 2016: 4,200 persons, Carrick-on Shannon increase to 2016: 1000 persons… Rest of County: 3,200 persons..or…

Case Study continued… An extra 1750 houses throughout the county as a whole… Or 1300 houses in mainly rural parts of the county… But how do we know the WQ implications of this?… Water quality data that is available must be sufficient to assess the cumulative implications for further housing development in rural areas?... Organisational and management dimensions… Once the evidence base is in place, will enable development plans to attempt to resolve conflict between meeting needs and protecting environment by consideration of alternatives for specific sensitive locations: grouped systems? tankering)? zero-loss systems?...

Implications for Planning System Water Quality and Planning Codes have specific (differing) requirements but require better integration… Planning system is deciding on policies and proposals at specific locations…needs precise and predictive info…cause and effect… Need for further analysis of existing data from river basin plans etc to quantify environmental (water quality) carrying capacity against anticipated development activity…(e.g. from Housing Strategy) There is a need for a pilot study/demonstration project, especially in rural authorities, to develop existing RBMP data and apply to the development plan review context and showcase the way forward… SEA of Development Plans and local authority WQ obligations: exposure to legal challenge of validity of plans…

Conclusion Regulations: another step towards integration of planning and environmental codes…is this a coming of age for planning? Existing measures and data under River Basin Management Plans will need further analysis/application to the planning context… The critical interfaces are relationship to formulation of core strategy, rural settlement and preservation objectives within development plans… Political context: exposure to litigation/EU complaints/ECJ cases/rulings from lack of buy-in and linkage – Development Plan SEA – River Basin Management Plans – Habitats Assessment… Difficult (but necessary) message to get across politically… Role for demonstration projects/pilot studies in the planning arena as per Model Housing Strategy?…