Special Planning

Special Amenity Area

There are a number of types of enhanced Planning Act protections, which a local authority may adopt in respect of particular areas.  An area of special amenity designation is designed to secure the preservation and enhancement of the character and special features of an area.

The planning authority may designate an area to be an area of special amenity. The order provides an objective for the preservation and enhancement of the character or special features of the area.  This may include objectives to prevent or limit development within the area.

The authority must be of the opinion that it should be so declared, by reason of its outstanding natural beauty or its special recreational value.  The order may be revoked or amended from time to time.

Procedure

Where, in the opinion of the planning authority, by reason of

• its outstanding natural beauty, or
• its special recreational value,

and having regard to any benefits for nature conservation, an area should be declared  to be an area of special amenity, it may, by resolution, make an order to do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.

The planning authority publishes proposals to make a special amenity area order.  A copy is put on public display.  Representations may be made.  If objections are made and not withdrawn, an oral hearing must be held.

Approval by ABP

When an ASA order is made by the planning authority, objections can be made within a certain period and the order will not become effective until approved by An Bord Pleanála.  Once the period for objection has expired, the local authority must submit the Order together with objections to Bord Pleanála.

An Bord Pleanála must hold an oral hearing and consider its outcome before amending, rejecting or accepting the Order.  If there are no objections, Bord Pleanála may proceed directly to confirm, amend or reject the Order.

Where the order is made by direction of the Department, its consent is necessary for revocation or amendment. Once an area is designated a special amenity area, this must be taken into account in deciding planning applications.

Special Amenity Area Order

The Department of the Environment and Local Government may direct a planning authority to make a special amenity area order. The Minister may direct the making of an ASA. Where it appears to the Minister that an area should be declared under this section to be an area of special amenity by reason of—

• its outstanding natural beauty, or
• its special recreational value,

and having regard to any benefits for nature conservation, he or she may, if he or she considers it necessary, direct a planning authority to make an order under this section in relation to an area specified in the direction.

He or she may require that objectives specified in the direction be included by the planning authority in the order in respect of matters and in a manner so specified. If the Minister gives a direction the planning authority concerned shall comply.

An order comes into operation on being confirmed, whether with or without modification below. An order made pursuant to a direction shall be revoked or amended only with the consent of the Minister.

Effect of Special Amenity Designation

Much development, which would be otherwise exempt from the requirement for planning permission, requires planning permission within a special amenity area.  Most works of construction, erection, repair and replacement require permission.  It also includes most commercial development and advertisements which would otherwise be exempt.  The planning authority may define the terms of exemption when making the order.

There is no entitlement to compensation where planning permission is refused by reason of adverse effect on a special amenity designation.

Certain bodies must be notified of applications for planning permission within the area. They include An Tasice, the Arts Council the Irish Tourist Board.  Compensation is not paid for refusals due to the designation of the area.

The National Roads Authority is to have regard to the order in performing its functions in relation to national roads.  This limits the wide powers that the National Roads Authority has in relation to works necessary to construct national roads.

Landscape Conservation Area

The planning authority may make an order designating an area as a landscape conservation area.  A Landscape Conservation Order is designed to preserve landscapes.

The exempt development regulations do not apply within a landscape conservation area, save to the extent that ministerial regulations otherwise provide. The planning authority may limit the scope of the disapplication of the exempt development regulations in making the order.

There is no entitlement to compensation where planning permission is refused by reason of adverse effect on a landscape conservation area. This is the case that would interfere with the character of an LCA or SAO.

LCA Procedure

The elected members may make the order, having considered the submissions and observations.

A planning authority which proposes to designate an LCA must publish a notice.  It invites representation and submissions. Certain statutory authorities whose input is considered appropriate must be notified.

The local authority may make the LCA, having regard to submissions and modifications made.

Making a Tree Preservation Order

Where it appears to the planning authority that it is expedient in the interests of amenity or the environment to make provision for the preservation of a tree, trees, a group or groups of trees or woodland, it may make a tree preservation order.  The order may prohibit or permit, subject to conditions and exemptions, the cutting down, lopping and destruction of trees.

Notice of the tree preservation order must be served on the owner and occupier of the land concerned.  Public notice of the intention to make the order must be given.  Submissions and observations are requested within a period of at least six weeks.

The planning authority, having considered the observations, may, by resolution, make the order as proposed or as amended.  The planning authority’s decision is not subject to confirmation or appeal.

Effect of Tree Preservation Order

A tree preservation order disapplies exemptions that otherwise apply in respect of thinning, felling, and replanting of trees, forests and woodland.  Breach of the order is a criminal offence.

A tree preservation order does not apply to the lopping and removal of dangerous or dead trees or where it is required for the abatement of a nuisance, removal of a hazard or by reason of legal requirements.

It may require the owner to enter an agreement with the authority to ensure the management of the trees and woodland.  The authority may provide assistance, including financial assistance.