Strategic Development
Strategic Development
Strategic planning applications, including those in relation to infrastructure or housing, may be the subject of a single-stage application to an Bord Pleanala.
Other types of development, in particular by public bodies, are subject to specific statutory schemes. For example, there is special legislation in relation to light railways, roads, et cetera.
Strategic Development Zones
Strategic development zones are areas in which speedier and expedited planning processes apply. Their purpose is to facilitate development on a fast-track basis.
Applications for planning permission in accordance with the scheme must be granted. There is no appeal to an Bord Pleanala. The possibility of judicial review exists.
SDZ Designation I
The Government, where it believes that it is of economic or social importance, may, following consultation with development agencies and planning authorities, designate strategic development zones.
The designation order must designate the agencies relevant to the making of a planning scheme for the special development zone, the type of development permitted and the reasons for specifying the development and designating sites. Where an order is made, the planning authority may compulsorily acquire sites or do so by an agreement. The scheme must outline the manner in which the site is to be developed and the extent of the proposed development.
Notices of the draft scheme must be given to prescribed bodies. Public notices must be given, and the draft scheme must be made available for inspection for a period. The county manager prepares a report on submissions and observations made for the elected members. The members may accept the scheme, modify or vary it.
Notice of the making of the scheme must be given to certain parties. Certain parties may appeal the making of the scheme to An Bord Pleanála. A planning authority must grant planning permission for development when the area is consistent with the scheme in force. There is no appeal to Bord Pleanála.
SDZ Designation II
A strategic development zone may be designated by the Government. The relevant development agency is usually the local authority but may be the IDA, Udaras na Gaeltachta, the National Building Agency or others.
Strategic assessment is applied to the draft scheme. The planning scheme comprises a written statement and plans setting out the manner in which the area concerned is to be developed. The scheme embraces issues such as transportation, services, infrastructure and amenities.
The draft scheme is submitted to the planning authority and is put up for public consultation. A report is prepared by the chief executive to the elected members. The elected members consider the scheme and decide whether or not to adopt it, with or without amendments. Amendments may require further strategic assessment.
Within four weeks, the planning scheme may be appealed to an Bord Pleanala by any persons who have made an observation. The Board may approve the scheme, refuse to approve the scheme or approve it with modifications.
Making of Scheme
The scheme becomes part of the planning authority’s development plan and overrides it. There is provision for amendment of the approved planning scheme.
The planning authority may apply directly to the Board where the amendments are minor or, if material, conform to certain criteria. There is a simplified procedure for approval by the Board in this case. Other cases require additional public consultation.
Where the scheme breaches spatial development requirements or specific planning policy requirements provided under ministerial guidelines, it is deemed to be modified to conform with these.
SDZ Schemes
The principal schemes to date have been in
- Adamstown Lucan
- Hansfield Blanchardstown
- Clonmagadden valley Navan
- Baklgaddy Clonburs Lucan
- Grangegorman
- Monady Cork
- Cherrywood
- Dublin Docklands
- Poolbeg
- North Quay Waterford
- Knock Airport
SDZ Procedures
The relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority. The local authority, where it is the development agency, or where a statutory agreement referred to in section 167 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.
The first draft planning scheme in respect of all or any part of a site designated shall be prepared not later than two years after the making of the order so designating the site. A draft planning scheme shall consist of a written statement and a plan indicating the manner in which it is intended that the site or part of the site designated to which the scheme relates is to be developed.
Approval
An appropriate assessment of a draft planning scheme shall be carried out with the procedure in the legislation. The draft planning scheme is deemed to be made six weeks after the submission of that draft planning scheme and report to the members of the planning authority unless the planning authority decides, by resolution, to make, subject to variations and modifications, the draft planning scheme or not to make the draft planning scheme.
The planning authority shall determine if a strategic environmental assessment or an appropriate assessment, or both such assessments, as the case may be, is or are to be carried out as respects one or more than one proposed variation or modifications that would if made, be a material alteration of the draft planning scheme.
The Board may, following the consideration of an appeal made, approve the making of the planning scheme, with or without any modifications, or it may refuse to approve it. A modification made by the Board on appeal may be made where it is minor in nature and, therefore, not likely to have significant effects on the environment or adversely affect the integrity of a European site.
Strategic Infrastructure
The Planning and Development (Strategic Infrastructure) Act is designed to provide a fast-track, one-stage planning process for significant strategic infrastructure development. Strategic infrastructure includes major energy, transport and environmental infrastructural projects.
There are three stages, pre-application consultation, the EIS stage and the application stage. In order to qualify as strategic infrastructure development, An Bord Pleanala must be satisfied that if carried out, the development would be of strategic economic or social importance for the State or the region concerned or would contribute substantially to the fulfilment of any of the objectives of the National Spatial Strategy or Regional Planning Guidelines in the area or would have a significant effect on the area of more than one planning authority.
Prior Consultation
Pre-planning consultations must be entered with the board so as to determine if it qualifies. After consultations, the board gives notice of its decision. If the development is not strategic infrastructure development, it must proceed as a normal planning application, if at all. If the development does qualify as SID, the application is submitted directly to the board.
The board may indicate to the prospective applicant that bodies must be notified of the application. It may set out timeframes, sequencing, details of the plans to be required and of any other matter in relation to the process, as may be required. It may prescribe the form and content of public notices and newspapers, site notices, the use of local media and the holding of public meetings.
The Board may be requested to scope the environmental impact statement to be submitted. The board may give an opinion on the required scope.
Application
The substantive application is made directly to the board. Notice of the application must be published in one or more newspapers, giving the requisite details of the proposal.
The notice must state the nature of development, the permission being sought, the time, places and period in which the application and the EIS may be inspected and purchased and that submissions and observations may be made to the board.
There are detailed requirements in relation to the application. Copies must be given to prescribed bodies. The board may require that any or all documents may be submitted electronically.
Report to Board
The planning authority for the area must submit a report to the board within ten weeks of the receipt of the application. This will set out the views of the planning authority on the effects of development on the environment and on the proper planning development of the area, having regard to general planning requirements. The report must be submitted to the elected members, and any recommendations made by them must be appended along with the record of the meeting.
Any person has a right to make a submission or observation to the board. They must pay the requisite fee. The board has additional information including a revised EIS. It may request persons who have the requisite information to make submissions or observations. While the proposal requires an integrated pollution license or other such consent, the EPA will be requested to make observations.
Decision
The board will generally hold an oral hearing. The decision of the board is made on the basis of proper planning and sustainable development and on the likely effects on the environment. It is made on the basis of
- the application:
- the EIS;
- submissions and observations;
- the report of the planning authority;
- additional information;
- record of meetings held;
- provisions of special amenity and other equivalent orders;
- National Spatial Strategy and Regional Planning Guidelines
The board must make a decision as expeditiously as possible. There is an objective to make the decision within 18 weeks. This period may be extended. Permission may be granted, notwithstanding that it would materially contravene the development plan.
Planning Decision
Permission may be granted or refused. It may be granted with or without conditions. Reasons must be given for the decision.
Conditions may be imposed on the development by requiring community gain. It may require the construction or financing of a facility or the provision of a service in the area in which the development will be situated, which the board considers a gain to the community.
There may be conditions controlling adjoining land use. There may be conditions to any points of detail as may be required. Financial contributions may be required. Conditions which are dealt with in environmental licences and consents may not be provided for in the planning permission.
There is provision for the alteration of permission for strategic infrastructure development. This is done at the request of the person carrying out or intending to carry out the relevant work. There are stand-alone procedures in relation to material alteration.
There is no appeal against the decision of the board on an application for consent permission. The decision may only be challenged by way of judicial review within eight weeks. The court will not second guess the merits of the case.
Strategic Development Zone
The 2015 Act amends the procedures to be followed in the adoption and approval of Strategic Development Zone (SDZ) planning schemes. SDZs are set by Government order and designate areas which are considered to be of economic or social importance to the State.
Following designation, planning schemes setting out objectives for specified development in designated areas are drawn up by prescribed development agencies (which may include a local authority) in respect of the designated areas concerned and are subject to public consultation procedures before being submitted to the elected members of the relevant planning authority for adoption. All SDZ planning schemes which had been approved by planning authorities to date have been appealed to An Bord Pleanála for final determination.
Under the pre-2015 Act provisions, An Bord Pleanála can only make modifications to a scheme where they are considered to be minor in nature and are therefore unlikely to have significant effects on the environment or on a European site designated under the Habitats or Birds Directives. Where An Bord Pleanála considers that the scheme requires modification of a more material nature, it is effectively required to uphold the appeal and refuse the scheme requiring the re-commencement of the overall SDZ planning scheme process if the relevant planning authority or development agency wishes to pursue the scheme.
Role of Bord Pleanala
The 2015 Act provides that An Bord Pleanála can, as before, approve an SDZ planning scheme with modifications of a minor nature. However, An Bord Pleanála is also allowed to approve the SDZ planning scheme with a modification(s) which would constitute a material change to the scheme provided that such modification(s) would not constitute a change in the overall objectives of the scheme concerned.
These arrangements mean that where modifications of material nature are considered necessary by An Bord Pleanála on appeal, the relevant planning authority or development agency responsible for bringing forward the scheme would not have to re-commence the whole SDZ planning scheme process again. The 2015 Act procedures ensure that where proposed modification(s) of a material nature that may have significant effects on the environment are considered, An Bord Pleanála shall require the planning authority to undertake a strategic environmental assessment, an appropriate assessment or both and a public consultation process and submit a report to An Bord Pleanála for its consideration.
Where An Bord Pleanála makes a determination to make a modification constituting a material change to the planning scheme, it shall approve the scheme with modification and notify the relevant planning authority or development agency accordingly.
These revised procedures for the modification of planning schemes were designed to save considerable time in the making of modification(s) deemed necessary compared to having to re-commence the overall SDZ process again. The latter can take up to 2 years under the current provisions based on previous SDZ planning schemes.
Amending SDZ
The 2015 Act provided for a new more flexible process for the amendment of an already approved SDZ planning scheme. This was not possible under the earlier SDZ provisions where any amendment to a scheme required the commencement of the overall SDZ planning scheme process again.
A planning authority, on its own behalf where it is promoting an SDZ scheme, or on behalf of a development agency promoting an SDZ planning scheme, may make an application to An Bord Pleanála for an amendment to a previously approved SDZ scheme which may be in the course of being implemented.
Such request may be in respect of modifications which are minor in nature or, though material in nature, meet certain specified criteria and do not affect the overall objectives of the scheme. The new provisions allow amendments to an SDZ scheme, as determined by An Bord Pleanála, following procedures along the lines of those contained above and involving mandatory public consultation and the undertaking of a strategic environmental assessment, an appropriate assessment or both, as required, but which would take a considerably shorter time than the current procedures requiring the commencement of the overall process again.
The 2015 Act made amended provision in relation to the amendment or modification of SDZ planning schemes under appeal to An Bord Pleanála during their approval stage, or by request to An Bord Pleanála after any such SDZ schemes have been previously approved