Planning watchdog clashes with Limerick council over plans to re-zone flood-prone lands for housing

The Office of the Planning Regulator said the alterations would allow “vulnerable development” on flood plains.

'Development on land at risk of flooding not only affects the people and communities who live there, but can also increase the risk of flooding elsewhere by decreasing the volume available for flood storage on floodplains,' said the OPR’s deputy regulator, Anne Marie O’Connor. Library Picture.

The State planning watchdog has clashed with members of Limerick City and County Council for making alterations to a new draft development plan to facilitate housing in high-risk flood areas.

The Office of the Planning Regulator (OPR) said the proposals will place people and property “at unnecessary risk from future flood events”. 

The OPR said it had "significant concerns" about the changes in the proposed draft plan for 2022-2028, adding that some were inconsistent with planning policies and ministerial guidelines, and would allow “vulnerable development” on flood plains.

Councillors have voted to zone lands for development in high-risk flood areas across Limerick City and county.

In a letter to the council, the OPR’s deputy regulator, Anne Marie O’Connor asked the local authority to reverse a series of amendments within Limerick City because of the risk.

They include lands adjacent to the Crescent Shopping Centre in Dooradoyle, the former Green Park racecourse, sites on Pa Healy Rd, and lands in Caherdavin, Castletroy, and Mungret.

The OPR said no reason had been provided by the council why a recommendation to limit future development within existing residential areas located in flood zones to small-scale projects was not incorporated into the plan.

It claimed such a measure would also have an effect on proposed changes to zoning in other areas that are vulnerable to flooding including Bruff, Bruree, Doon, Drumcolliher, Foynes, Glin, Hospital, Kilfinane, Pallasgreen, and Pallaskenry.

While guidelines allow for some sustainable development on lands identified as being at risk of flooding in exceptional circumstances, councils must demonstrate that such developments can be justified based on specific criteria.

“It is of significant concern, therefore, that these zoning amendments have been introduced by elected members in cases where the land in question has failed the justification test in your Strategic Flood Risk Assessment,” said Ms O’Connor.

"Your authority will be fully aware that development on land at risk of flooding not only affects the people and communities who live there, but can also increase the risk of flooding elsewhere by decreasing the volume available for flood storage on floodplains.” 

Ms O’Connor said the potential for flooding had become increasingly prevalent as a consequence of greater rainfall due to climate change.

She said it was critical that the new development plan did not permit unsuitable development in areas prone to flooding so that Limerick could continue “to grow in a safe and sustainable way”. 

Several other concerns were raised too, including questions over the rezoning of an isolated 33-hectare site on the city boundary at Ballysimon House as a data centre. There were also questions about housing densities in Newcastle West and criticism of plans to rezone lands in Mungret, Clonmacken, and Castletroy which, the OPR said, were isolated sites relative to existing developments.

Under legislation, the council’s chief executive is obliged to provide an explanation to the OPR if it does not accept the regulator’s recommendations.

However, the OPR can still request the Minister of State for Planning and Local Government, Peter Burke, to direct the local authority to make changes to its development plan.