to download report - Geological Survey of Ireland

6.2.4 Development ManagementThe physical planning system in Ireland is run by 88 local planning authorities: 29 County Councils, 5 CountyBorough Corporations, 5 Borough Corporations and 49 Town Councils. An Bord Pleanála provides an appealmechanism in relation to development control decisions made by a planning authority.Applications for development that require planning permission under the Planning and Development Acts 2002-2004 are determined by planning authorities having regard to the provisions of the Development Plan, LocalArea Plan where relevant, the National Spatial Strategy, Regional Planning Guidelines and any other relevantGovernment policy documents such as Ministerial guidelines.The planning authority is required to give notice of valid applications to certain prescribed bodies where, in theiropinion, the development would be relevant to the functions of that body. The Department of Communications,Marine and Natural Resources is currently a prescribed body in relation to development on the foreshore,afforestation, breeding and rearing of salmonid fish and quarries. Unlike the position in Northern Ireland theGeological Survey of Ireland (GSI), a line division of the Department of Communications, Marine and NaturalResources, is not yet a prescribed body for planning applications which would be relevant to its functions inregard to natural/geological hazards.At the present time, the control on development on unstable ground relies heavily on accurate informationbeing submitted by a developer and compliance with the Part A (Structures) of the national Building Regulations.6.3 Building ControlThe Building Control Act 1990 imposes particular requirements on the design and construction of buildings soas to ensure that they are safe to occupy and use. The planning and building codes are separate, each withtheir own enabling legislation and enforcement mechanisms, and each should take account of all materialconsiderations, including ground stability and the risk of landslides.6.3.1 Building RegulationsThe Building Regulations relate to the design and construction of individual buildings and are not relevant toother forms of development. The specific requirements imposed by the Regulations on a building developer areset out in the various Parts of the Regulations (Part A – Part M). Each Part of the Regulations is backed up bya Technical Guidance Document (TGD) which gives general guidance on compliance with that Part, includingdetailed guidance for simple building types which, if complied with, can be taken as prima facie evidence ofcompliance with that Part of the Regulations. TGDs do not purport to be comprehensive nor do they provideexplicit guidance on all issues that may be relevant to the Regulations.Part A (Structures) of the Building Regulations deals with the structural design and construction of buildings,and contains the following requirements:-• A1 (1):A building shall be designed and constructed with due regard to the theory and practice ofstructural engineering, so as to ensure that the combined dead, imposed, and wind loads aresustained and transmitted to the ground –(a) safely, and(b) without causing such deflection or deformation of any part of the building, or such movementof the ground, as will impair the stability of any part of another building.• A2:A building shall be designed and constructed with due regard to the theory and practice of structuralengineering, so as to ensure that movement of the subsoil caused by subsidence, swelling,shrinkage, or freezing will not impair the stability of any part of the building.Thus, the Building Regulations require that buildings, regardless of the ground conditions, are designed andconstructed so that they can be used safely and that they will not cause ground movements that would affectthe stability of the building or another building. In addition, the Regulations require that buildings are designedand constructed so that their stability is not affected by subsoil movements caused by subsidence, swelling,shrinkage or freezing.67