Development Plan II

Regional Plans

Regional authorities may adopt regional planning guidelines.  In doing so, the authorities take into account proper planning and development and the obligations of the local authorities and governmental policy.

Account must be taken of the National Spatial planning spatial strategy.  There is a provision for public consultation, similar to that for the development plan. Following consideration of submissions or observations, the regional authority shall, subject to any amendments that it considers necessary, make the regional planning guidelines.

The regional authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects adoption or amendment of the regional planning guidelines.

The objective of regional planning guidelines shall be to support the implementation of the National Spatial Strategy by providing a long-term strategic planning framework for the development of the region for which the guidelines are prepared which shall be consistent with the National Spatial Strategy.

Regional Plan and Ministerial Guidelines

Where the Minister is of the opinion that—

• a regional authority, or authorities, as the case may be, in making the regional planning guidelines has ignored or has not taken sufficient account of submissions or observations made by the Minister to the regional authority or authorities
• the regional planning guidelines fail to provide a long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development,
• the regional planning guidelines are not in compliance with the requirements of the Act, or
• if applicable, in relation to a regional authority or authorities whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,

the Minister may, for stated reasons, direct a regional authority or authorities, as the case may be, to take such specified measures as he or she may require in relation to that plan.

Where the Minister issues a direction, the regional authority or regional authorities shall comply with that direction and the Manager or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.

Before he or she issues a direction under this section, the Minister shall issue a draft notice in writing to a regional authority or regional authorities, as the case may be, no later than four weeks after the guidelines are made.

Regional Authority and Development Plan

The Regional Authority has an explicit role in the pre-draft and the draft development plan preparation and the variation to a development plan to ensure consistency between it and the regional planning guidelines in force, including informing the Minister of its views.

Planning authorities are required to have regard to the regional planning guidelines in force. A planning authority shall ensure when making or varying a development plan or a local area plan, that the plan is consistent with any regional planning guidelines in force for its area.

Submissions or observations made by the regional authority shall be contained in a report which shall state whether, in the opinion of that authority, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional planning guidelines in force for the area of the development plan. The Minister may direct a joint report by combined Regional Authorities.

Where the opinion of the regional authority is that the draft development plan and its core strategy are not consistent with the regional planning guidelines, the report on the draft plan shall include recommendations as to what amendments, in the opinion of the regional authority, are required in order to ensure that the draft development plan and its core strategy are so consistent.

Linkage and Coherence

There is an explicit link between regional planning guidelines, the National Spatial Strategy and the development plan. Regional planning guidelines must be set within the policy framework of the National Spatial Strategy. The Regional Authority has a role in the pre-draft and draft development plan preparation and its variation. This is in order to ensure consistency.

One of the key objectives in requiring development plans to include a core strategy is to ensure greater consistency between the NSS and RPGs on the one hand, and city and county development plans on the other. This is of particular importance in co-ordinating development objectives across local authority boundaries (for example, within an NSS Gateway) and also in relation to strategic infrastructure within a region.

A planning authority must demonstrate, by way of a statement when preparing and making a draft development plan, how it has implemented the policies and objectives of the Minister contained in guidelines issued by him under section 28 of the Principal Act. Equally, as the case may be, planning authorities must detail the reasons why such policies and objectives were not implemented. This is designed to ensure that there is a much-reduced need for the Minister to intervene in the development plan process and use his powers to give directions.

Ministerial Directions and Guidelines I

Where the Minister is of the opinion that a planning authority, in making a development plan, a variation of a development plan, or a local area plan, has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the planning authority,

• in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area,
• the plan is not in compliance with the requirements of the Planning  Act, or
• that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority,

the Minister may for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.

Where the Minister issues a direction the planning authority shall comply with that direction and the Manager or elected members shall not exercise a power or perform a function conferred on them in a manner that contravenes the direction so issued.

The Minister can issue a proposed direction (i.e. draft direction) and seek views from local stakeholders (including those of the Council) on his proposal before he makes a final decision whether or not to formally issue a direction. There is a discretionary provision for the Minister to appoint an independent inspector to review the manager’s report prepared on foot of public consultations on the proposed direction.

The planning authority must demonstrate, by way of a statement, how it has implemented the policies and objectives contained in the Ministerial guidelines. If this has not been done, detailed reasons why the policies and objectives have not been implemented must be stated.

Ministerial Directions and Guidelines II

The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions. A planning authority in having regard to the guidelines issued by the Minister, shall

• consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and
• append a statement to the draft development plan and the development plan which shall include the below information

The statement shall include information which demonstrates how the planning authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the draft development plan and the development plan, or if applicable,that the planning authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines.

Ministerial Policy Directives.

The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under the Act and planning authorities shall comply with any such directives in the performance of their functions. Where applicable, the Board shall also comply with any policy directives issued to planning authorities in the performance of its functions.

The Minister may revoke or amend a policy directive issued. Where he so proposes a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.

Regulator

The 2018 Act established the Office of the Public Regulator. The OPRs functions include:

• Evaluation and assessment of development plans, including draft development plans, variations to development plans, local area plans (including amendments or revocations) and regional spatial and economic strategies, during their preparation and provision of recommendations to planning authorities and regional assemblies.
• Inform the Minister if, in the OPRs opinion, the relevant plan is not consistent with its observations, especially where the inconsistency would affect the overall strategy for proper planning and sustainable development of the plan area.
• Conduct research at the request of the Minister, education and training programs, and reviews of the performance of the Board and Planning Authorities,
• Oversight of the delivery of effective planning services to the public by planning authorities.
• Annual reporting and provision of observations in relation to planning legislation.
• Evaluation and assessment of strategic transport plans made by the National Transport Authority.

The Minister can also assign further functions to the OPR as required. The OPR does not have any function in relation to individual planning applications or appeals.

National Planning Framework

The 2018 Act  provides the legislative context for the National Planning Framework (NPF) and outlines its objectives which include,

• Establishing a broad national plan for the Government in relation to the strategic planning and sustainable development of urban and rural areas;
• Securing balanced regional development by maximising the potential of the regions; and
• Securing the co-ordination of regional spatial and economic strategies and city and county development plans.

The Act also sets out the matters to be addressed in the NPF, which includes the promotion of coordination between the terrestrial and marine sectors. The NPF is to be reviewed every six years (i.e. it will either be replaced with a new one or a statement will be published to confirm why the Government has not decided not to revise it).