Extension of Duration Applications Compliance with the EPA Code of Practice 2009 – Waste Water Treatment Systems Serving Single Houses (p.e. ≤)

Planning and Development (Amendment) Act 2010 Introduced a new section into Section 42 of the 2000 Act (i.e. (1)(a)(ii)) – Commenced 19/08/10. Provides that P.A. shall also have regard to commercial, economic or technical considerations in assessing EOD application. Requires that P.A. shall ascertain whether objectives in Dev. Plan or Regional Planning Guidelines have changed since permission was granted. Where objectives have changed, P.A. must determine whether permission is still consistent with proper planning & sustainable development. Therefore, EOD applications submitted on basis of commercial, economic or technical reasons, must be compliant with objectives in the current relevant Dev. Plan.

Kildare County Development Plan EOD applications received by P.A. relate to permissions for one-off dwellings granted under the CDP. Legislation requires P.A. to assess these EOD applications with regard to changes between the CDP & the current CDP. A relevant change has been the introduction of Objective EN7 in Chapter 7 of the current CDP. Objective EN7 requires that septic tanks & proprietary wastewater treatment systems comply with the EPA Code of Practice 2009.

EPA Code of Practice 2009 Replaced previous guidance issue by the EPA in 2000, incorporating European Standards & EPA research findings. Implementation of the guidance part of a key element of Ireland’s response to the ECJ, which ruled against us in relation to on-site wastewater treatment systems (ref. case C-188/88). The 2009 Code of Practice seeks to ensure planning system is well placed to address the issue of protecting water quality with regard to one-off dwellings in rural areas.

DECLG Guidance Circular letter (PSSP 1/10) dated 05/01/10 issued to all P.As, advising them of new arrangement with regard to the EPA Code of Practice Letter explicitly states “planning authorities should implement the Code of Practice in respect of all applications received on or after January 2010…”. The matter was further clarified by DECLG in a letter to the DOS of Planning in Waterford City Council dated 26/09/11, which stated “Planning authorities should implement the Code of Practice in respect of all applications received on or after 08/01/10…This applies to permission consequent or extensions of duration”.

Conclusions EOD applications relating to permissions for one-off dwellings with effluent treatment systems, submitted on the basis of commercial, economic or technical considerations, must comply with the EPA Code of Practice Ireland has to comply with ECJ rulings. Given our responsibility to ensure water quality is protected, there is an obligation on local authorities to ensure compliance with the EPA Code of Practice The DECLG have clearly stated that P.As should implement the EPA Code of Practice 2009 for all applications received on or after 08/01/10, including EOD applications. Non-compliance with the EPA Code of Practice 2009 may result in an EOD application being refused. Applicants are required to demonstrate that their permission complies with the EPA Code of Practice 2009.

Conclusions Continued At this time there is a small % of extant permissions for one-off dwellings left in the system which were not assessed under the EPA Code of Practice Any permission granted after 08/01/10 will have been assessed for compliance with the EPA Code of Practice 2009 i.e. the date the Code of Practice came into force.