Kildare County Council Meeting, Friday, 25 November 2024
Councillors Pádraig McEvoy, Robert Power, Ivan Keatley, and Aidan Farrelly
Motion
With the increasing frequency and severity of climate-related flooding, that the Council heeds the economic warnings in the Central Banks' Flood Protection Gap report (including concentrated risks to residential and business properties in County Kildare with funding shortfalls for disaster recovery) and prioritises risk mitigation when:
(a) making decisions, as set out in the current national and county objectives and policies,
(b) preparing additional flood mitigation policies,
(c) engaging with stakeholders to advocate for the necessary resources to take preventative action.
Agenda Report
Background to Flood Risk Management
The Office of Public Works (OPW) is the lead agency for flood risk management in Ireland. The co-ordination of Government Policy in terms of flood risk identification, assessment, and management is the responsibility of the OPW, and as such it is primarily charged with ensuring Ireland’s compliance with its legal obligations in relation to flood risk. The EU Floods Directive and the recommendations of the 2004 National Flood Policy Review Report are driving forces behind flood management in Ireland. The Planning System and Flood Risk Management Guidelines, DEHLG (2009) and DECLG Circular PL2/2014 address the interface between flood risk management and the planning system.
The 2009 DECLG Guidelines for planning authorities – “The Planning System and Flood Risk Management” were issued 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. 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.
The Planning System and Flood Risk Management
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 follow a sequential approach with avoidance of development in areas of known flood risk the first step.
Flood risk must be assessed at plan making through a Strategic Flood Risk Assessment and again at development management stage through a Site Specific Flood Risk Assessment. Land use zoning for development and individual developments should only be considered in areas of known flood risk through compliance with a strict set of criteria, known as the Justification Test. At development plan level, these include the lands being within or adjoining the core of an established urban settlement, being essential in achieving compact and sustainable urban growth and there being no suitable alternative lands with a lower risk of flooding. A flood risk assessment must also have been carried out which demonstrates that the flood risk can be adequately managed and will not cause adverse impacts elsewhere.
In terms of development management, the Justification Test may be applied to lands that have been zoned and meets a number of criteria including the requirement that the development will not increase flood risk elsewhere, minimises the risk to people, property and the environment and manages residual risk to an acceptable level.
The Guidelines also advise the protection of existing flood plains and the assessment of the impacts of climate change at both plan and development management stage.
Since 2009, the Guidelines have been supported by the delivery of national flood mapping, with current and future (Climate Change scenarios) available on the website www.floodinfo.ie and through the preparation of flood risk management plans by the OPW.
Kildare County Council Policies [Link]:
Kildare’s County Development Plan 2023 - 2029 (CDP) contains the following policy and objectives relating to flood risk management and urban and rural development:
It is a policy of the Council to:
IN P5
Ensure the continued incorporation of Flood Risk Management and National Flood Risk Policy (2018) into the spatial planning of Kildare, to meet the requirements of the EU Floods Directive and the EU Water Framework Directive and to promote a climate resilient County.
IN O28
Ensure development proposals in rural areas demonstrate compliance
with the following:
The ability of a site in an un-serviced area to accommodate an onsite wastewater disposal system in accordance with the County Kildare Groundwater Protection Scheme, and any other relevant documents and legislation as may be introduced during the Plan period.
The ability of a site in an un-serviced area to accommodate an appropriate on-site surface water management system in accordance with the policies of the Greater Dublin Strategic Drainage Study (2005), in particular those of Sustainable Urban Drainage Systems (SuDS).
The need to comply with the requirements of the Planning Systems and Flood Risk Management Guidelines for Planning Authorities, published by the Minister for the Environment, Heritage, and Local Government (2009).
IN O33
Manage flood risk in the county in accordance with the sequential approach and requirements of the Planning System and Flood Risk Management Guidelines for Planning Authorities, DECLG and OPW (2009) and circular PL02/2014 (August 2014), when preparing plans, programmes, and assessing development proposals. To require, for lands identified in the Strategic Flood Risk Assessment, a site-specific Flood Risk Assessment to an appropriate level of detail, addressing all potential sources of flood risk, demonstrating compliance with the Guidelines or any updated version of these guidelines, paying particular attention to avoidance of known flood risk, residual flood risks and any proposed site-specific flood management measures.
IN O36
Require that development along urban watercourses comply with the Inland Fisheries Ireland Guidance: Planning for Watercourses in the Urban Environment (2020), including the maintenance of a minimum riparian zone of 35 metres for river channels greater than 10 meters [sic] in width, and 20 meters for river channels less than 10 metres in width. Development within this zone will only be considered for water compatible developments as defined in the OPW Planning System and Flood Risk Management Guidelines for Planning Authorities (2009).
These objectives support the implementation of the Guidelines and the avoidance of flood risk as the first step of sustainable development. The maintenance of a buffer zone along all watercourses supports adaptation against Climate Change increases in flow and flooding.
Further support in the mitigation of flood risk is provided by the promotion of Sustainable Drainage Systems (SuDS) in the following policies and objectives:
IN P4
Ensure adequate surface water drainage systems are in place which meet the requirements of the EU Water Framework Directive and the River Basin Management Plan in order to promote the use of Sustainable Drainage Systems.
IN O20
Maintain, protect and enhance capacity of the existing surface water drainage systems in the county.
IN O21
Facilitate the development of nature based Sustainable Urban Drainage Systems, including the retrofitting of SuDS in established urban areas. Culverting entire drains and streams will generally be prohibited; interference with natural drainage systems is to be minimised and the Council will explore opportunities to remove culverted drainage systems in favour of open, natural drainage systems.
IN O22
Require the implementation of Sustainable Urban Drainage Systems (SuDS) and other nature-based surface water drainage as an integral part of all new development proposals.
The Council has also delivered on action IN A3, with the launch of the Sustainable Drainage Systems Guidance, a copy of which is available on the Council's website [Link].
IN A3
Develop a ‘Sustainable Urban Drainage Systems Guidance Document’ for County Kildare within one year of the adoption of the Plan.
Existing Flood Risk
While retrofitting is encouraged in dealing with existing surface water (pluvial) flooding, existing river based (fluvial) flooding is managed through the delivery of flood relief schemes. In May 2018, the OPW published their Flood Risk Management Plans (FRMPs) and announced €257 million for 50 New Flood Relief Schemes, as part of a Ten-Year €1 billion Programme of Investment in Flood Relief Measures. In July 2018 the Council adopted the relevant FRMPs for Kildare.
Since then, the following flood relief schemes have commenced:
The current capital value of delivering these schemes is €60 million.
Other schemes listed in the FRMPS [Link] are:
Maynooth Flood Relief Scheme
Clane Flood Relief Scheme
Newbridge Flood Relief Scheme
These schemes are delivered by the Council in partnership with the OPW and must meet the requirements of the Infrastructure Guidelines, previously the Public Spending Code, as well as the relevant planning and environment legislation and approvals.
Delivery of flood relief schemes is a key action (N8) of the Council’s Climate Action Plan 2024 – 2029.
The Council also operate a drainage maintenance team with responsibility for existing drainage districts. Drainage Districts typically date from the 1920’s to 1940’s and are in rural areas where drainage schemes to improve land for agricultural purposes were constructed.
Flood Risk Management and Insurance
Insurance companies make commercial decisions on the provision of insurance cover based on their assessment of the risks using their own models and methods. While the OPW mapping cannot be used for commercial purposes, the Council have raised the issue of insurance companies refusing to provide insurance in areas not at risk from flooding and were assured by Insurance Ireland that their members (i.e. the insurance companies) would assess properties individually.
Flood Risk Management Resources
The Flood Risk Management section consists of a Senior Executive Engineer and an Executive Engineer, both of whom are funded directly by the OPW to deliver the flood relief schemes listed above. Delivery of additional schemes and flood protection measures is subject to the availability of additional resources.
Other potential areas of future flood risk management include the development of natural water retention measures to manage flood risk outside of our towns and villages and promotion of individual and community resilience.
However, while flood relief schemes, along with drainage maintenance and the retrofitting of sustainable drainage systems aim to manage existing flood risk, the best way to manage future flood risk is through sustainable planning and development and adherence to the policies and objectives in place at national, county and local levels. Recent flood events in Middleton, Cork and in Valencia, Spain serve as timely reminders of the potential impact of flooding on the lives, homes and businesses of those within our county.
Issued by: Ms M Higgins, Director of Service, Climate, Community, Environment and Water.
Information
Central Bank Flood Risk Protection Gap Report [Link]
Minutes
13/1124 [Link]
Councillor McEvoy welcomed the report and made the following points
The national media advised that €520 million was available in funding. The protection gap is geographically concentrated, with 54% of uninsured losses occurring in Dublin, Cork, Clare, Louth, and Kildare.
He talked of the scale of recent flooding events and drew members attention to events in Killybegs and Mallow. He talked about a recent Lawpro event in Athlone and mentioned how they had talked about nature-based solutions and gave an example of how this was used in Inishowen. He advised that research showed that a 1% increase in temperature led to a 7% rise in moisture. This would have an impact on flooding trends. This led to an inability for households and businesses to get flood insurance.
The council worked in partnership with the Office of Public Works to implement solutions. It took time to implement these solutions.
Members made the following observations.
Insurance companies were refusing flood insurance for premises in places that were not in flood risk areas.
The OPW map was showing areas as flood plains, and these were not.
Insurance companies were not offering flood insurance or were using prohibitive pricing OPW schemes in Kildare were successful e.g. Morrell and Clane.
OPW mapping had not been updated, this needed to happen.
Could the council write to Insurance Companies to advise them that areas were not or were no longer in flood plains.
A final report from the OPW on possible flood risk areas also showing areas that were no longer at risk of flooding due to relief works carried out was awaited. It would be helpful to get the report.
Ms Higgins noted all comments – Environment Department will write to all insurance companies, if necessary, but each case should be dealt with on their own merit for insurance purposes.
Councillor McEvoy advised the Central Bank report stated that the growing flood protection gap necessitates urgent multi-stakeholder action. While significant progress has been made in managing flood risks, current measures may not be sustainable under future climate conditions. Building flood resilience, both through infrastructural improvements and insurance market adaptations, is critical to mitigate economic and social impacts. The report highlighted the Central Bank's ongoing commitment to addressing this issue and engaging stakeholders in finding solutions.
Resolved on the proposal of Councillors McEvoy seconded by Councillor Neville and agreed by all members present that the report be noted.
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