Development Plan II
Planning and Development Act
Plans and Guidelines
Chapter I
Development Plans
Obligation to make development plan.
9.—(1) Every planning authority shall every 6 years make a development plan.
F68[(1A) Notwithstanding subsection (1), the council of the city of Cork shall make a development plan every 6 years (or such longer period, not exceeding 7 years, as the Minister may specify by order).
(1B) Notwithstanding subsection (1), the council of the county of Cork shall make a development plan every 6 years (or such longer period, not exceeding 7 years, as the Minister may specify by order).]
(2) Subject to subsection (3), a development plan shall relate to the whole functional area of the authority.
F69[(3)(a) A planning authority may, with the agreement of one or more local authorities which are adjoining local authorities, or on the direction of the Minister shall, make a single development plan for its functional area and any environs of that area which form part of any adjoining local authorities.]
(b) Where it is proposed to make a development plan under paragraph (a), the planning authorities concerned shall make whatever arrangements they see fit to prepare the plan including the carrying out of the requirements of this Chapter as a joint function of the authorities concerned (and this Chapter shall be construed accordingly) except that where decisions are reserved to the members of the planning authorities concerned the decisions must be made by the members of each authority concerned subject to any agreement which those authorities may make for the resolution of differences between any such reserved decisions.
(4) In making a development plan in accordance with this Chapter, a planning authority shall have regard to the development plans of adjoining planning authorities and shall co-ordinate the objectives in the development plan with the objectives in the plans of those authorities except where the planning authority considers it to be inappropriate or not feasible to do so.
(5) In making a development plan in accordance with this Chapter, a planning authority shall take into account any significant likely effects the implementation of the plan may have on the area of any adjoining planning authority having regard in particular to any observations or submissions made by the adjoining authority.
F70[(5A) (a) Written observations or submissions received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the observation or submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the observations or submissions concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the observations or submissions concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the observations or submissions relate to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the observations or submissions relate to matters prescribed by the Minister.]
(6) A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.
F71[(6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA.]
(7) (a) The Minister may require 2 or more planning authorities to co-ordinate the development plans for their areas generally or in respect of specified matters and in a manner specified by the Minister.
(b) Any dispute between the planning authorities in question arising out of the requirement under paragraph (a) shall be determined by the Minister.
Annotations
Amendments:
F68
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(a), S.I. No. 20 of 2019.
F69
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 13, S.I. No. 214 of 2014.
F70
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. no. 1, S.I. No. 436 of 2018.
F71
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 82, S.I. No. 574 of 2009.
Editorial Notes:
E47
Making a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
F72[Modification to operation of section 9 of Act of 2000 having regard to Covid-19
9A. (1) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section, where a review of a development plan and preparation of a new development plan referred to in paragraph (a), (aa) or (ab) of section 11(1) (as may be modified by section 11(1)(b)) or section 11B, or both as the case may be, was commenced but was not completed before the date of the coming into operation of section 2 of the Planning and Development (Amendment) Act 2021 a planning authority may decide, having regard to the extraordinary circumstances arising from the risk to public health posed by the spread of Covid-19 and the disruption to the completion of the review of the development plan and the preparation of a new development plan caused by restrictions introduced in response to the Covid-19 pandemic, that a further period of up to but not exceeding one year may be necessary and appropriate to complete the review and to prepare and make a new development plan for its functional area.
(2) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section, where a review of a development plan and preparation of a new development plan referred to in paragraph (a), (aa) or (ab) of section 11(1) (as may be modified by section 11(1)(b)) or section 11B, or both as the case may be, was commenced but was not completed before the date of the coming into operation of section 2 of the Planning and Development (Amendment) Act 2021 the members of a planning authority may, by simple majority, approve a resolution, having regard to the extraordinary circumstances arising from the risk to public health posed by the spread of Covid-19 and the disruption to the completion of the review of the development plan and the preparation of a new development plan caused by restrictions introduced in response to the Covid-19 pandemic, that a further period of up to but not exceeding one year may be necessary and appropriate to complete the review and to prepare and make a new development plan for its functional area and submit that resolution to the chief executive of the planning authority, together with the reasons given by the members of the authority for reaching the resolution.
(3) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section and section 11D and having made a decision under section 11D(9) to extend the duration of its existing development plan or, where section 11B applies, existing development plans, the members of a planning authority may decide by resolution that a further period is necessary to complete the development plan review and to prepare and make a new development plan.
(4) At any time after making a decision under subsection (3), a planning authority may decide, in accordance with that subsection, that a further period or periods may be necessary in addition to the period specified in the decision, but the cumulative period which the authority may decide is necessary to complete the development plan review and to prepare and make a new development plan shall not exceed one year.
(5) Where a planning authority decides, in accordance with subsection (3), that a further period or periods is or are required to complete the development plan review and to prepare and make a new development plan, the planning authority concerned shall, as soon as may be after making the decision or decisions, as the case may be, notify the Office of the Planning Regulator of its decision or decisions and the planning authority shall provide to the Office of the Planning Regulator an indicative programme for the making of a new development plan within that further period or periods.
(6) In this section, “Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations.
(7) This section shall cease to have effect on 1 January 2024.]
Annotations:
Amendments:
F72
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 2, S.I. No. 365 of 2021.
Editorial Notes:
E48
The section heading is taken from the amending section in the absence of one included in the amendment.
Content of development plans.
10.—(1) A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question.
F73[(1A) The written statement referred to in subsection (1) shall include a core strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the F74[National Planning Framework] and F75[the regional spatial and economic strategy] F76[and with specific planning policy requirements specified in guidelines under subsection (1) of section 28].
(1B) F77[…]
(1C) F77[…]
(1D) The written statement referred to in subsection (1) shall also include a separate statement which shows that the development objectives in the development plan are consistent, as far as practicable, with the conservation and protection of the environment.]
(2) Without prejudice to the generality of subsection (1), a development plan shall include objectives for—
(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;
F78[(b) the provision or facilitation of the provision of infrastructure including—
(i) transport, energy and communication facilities,
(ii) water supplies and waste water services (regard having been had to the water services strategic plan for the area made in accordance with the Water Services Act 2007),
(iii) waste recovery and disposal facilities (regard having been had to the waste management plan for the area made in accordance with the Waste Management Act 1996), and
(iv) any ancillary facilities or services;]
(c) the conservation and protection of the environment including, in particular, the archaeological and natural heritage and the conservation and protection of European sites and any other sites which may be prescribed for the purposes of this paragraph;
F73[(ca) the encouragement, pursuant to Article 10 of the Habitats Directive, of the management of features of the landscape, such as traditional field boundaries, important for the ecological coherence of the Natura 2000 network and essential for the migration, dispersal and genetic exchange of wild species;
(cb) the promotion of compliance with environmental standards and objectives established—
(i) for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009;
(ii) for groundwater, by the European Communities (Groundwater) Regulations 2010;
which standards and objectives are included in river basin management plans (within the meaning of Regulation 13 of the European Communities (Water Policy) Regulations 2003);]
(d) the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;
(e) the preservation of the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest;
(f) the protection of structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest;
(g) the preservation of the character of architectural conservation areas;
F79[(h) the development and renewal of areas, identified having regard to the core strategy, that are in need of regeneration, in order to prevent—
(i) adverse effects on existing amenities in such areas, in particular as a result of the ruinous or neglected condition of any land,
(ii) urban blight and decay,
(iii) anti-social behaviour, or
(iv) a shortage of habitable houses or of land suitable for residential use or a mixture of residential and other uses;]
(i) the provision of accommodation for travellers, and the use of particular areas for that purpose;
(j) the preservation, improvement and extension of amenities and recreational amenities;
(k) the control, having regard to the provisions of the Major Accidents Directive and any regulations, under any enactment, giving effect to that Directive, of—
(i) siting of new establishments,
(ii) modification of existing establishments, and
(iii) development in the vicinity of such establishments,
for the purposes of reducing the risk, or limiting the consequences, of a major accident;
F80[(l) the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other education and childcare facilities;
(m) the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language, where there is a Gaeltacht area in the area of the development plan;
(n) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to—
(i) reduce energy demand in response to the likelihood of increases in energy and other costs due to long-term decline in non-renewable resources,
F81[(ii) reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change, taking account of the local authority climate action plan (within the meaning of section 14B of the Climate Action and Low Carbon Development Act 2015), where such a plan has been made for the area in question;]
(iii) F82[…]
in particular, having regard to location, layout and design of new development;
(o) the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan, and
(p) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000.]
F73[(2A) Without prejudice to the generality of subsection (1A), a core strategy shall—
(a) provide relevant information to show that the development plan and the housing strategy are consistent with the F74[National Planning Framework] and F83[the regional spatial and economic strategy] F76[and with the specific planning policy requirements specified in guidelines under subsection (1) of section 28],
(b) take account of any policies of the Minister in relation to national and regional population targets,
(c) in respect of the area in the development plan already zoned for residential use or a mixture of residential and other uses, provide details of—
(i) the size of the area in hectares, and
(ii) the proposed number of housing units to be included in the area,
(d) in respect of the area in the development plan proposed to be zoned for residential use or a mixture of residential and other uses, provide details of—
(i) the size of the area in hectares,
(ii) how the zoning proposals accord with national policy that development of land shall take place on a phased basis,
(e) provide relevant information to show that, in setting out objectives regarding retail development contained in the development plan, the planning authority has had regard to any guidelines that relate to retail development issued by the Minister under section 28,
(f) in respect of the area of the development plan of a county council, set out a settlement hierarchy and provide details of—
(i) whether a city or town referred to in the hierarchy is designated as a gateway or hub for the purposes of the F74[National Planning Framework],
(ii) other towns referred to in the hierarchy,
(iii) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to towns and cities referred to in the hierarchy,
(iv) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets that apply to the areas or classes of areas not included in the hierarchy,
(v) projected population growth of cities and towns in the hierarchy,
(vi) aggregate projected population, other than population referred to in subparagraph (v), in—
(I) villages and smaller towns with a population of under 1,500 persons, and
(II) open countryside outside of villages and towns,
(vii) relevant roads that have been classified as national primary or secondary roads under section 10 of the Roads Act 1993 and relevant regional and local roads within the meaning of section 2 of that Act,
(viii) relevant inter-urban and commuter rail routes, and
(ix) where appropriate, rural areas in respect of which planning guidelines relating to sustainable rural housing issued by the Minister under section 28 apply,
F84[(g) in respect of the development plan of a city, provide details of—
(i) the city centre concerned,
(ii) the areas designated for significant development during the period of the development plan, particularly areas for which it is intended to prepare a local area plan,
(iii) the availability of public transport within the catchment of residential or commercial development, and
(iv) retail centres in that city,]
F85[(h) in respect of the area of the development plan of a city and county council set out a settlement hierarchy and provide details of matters referred to in paragraph (f) and (g).]
(2B) The information referred to in subparagraphs (vii) to (ix) of paragraph (f) and in paragraph (g) shall also be represented in the core strategy by a diagrammatic map or other such visual representation.
(2C) In subsection (2A)(f) ” settlement hierarchy ” means a rank given by a planning authority to a city or town in the area of its development plan, with a population that exceeded 1,500 persons in the census of population most recently published before the making by the planning authority of the hierarchy, and given on the basis of—
(a) its designation as a gateway city or town or as a hub town, as the case may be, under the F74[National Planning Framework],
(b) the assessment by the planning authority of—
(i) the proposed function and role of the city or town, which assessment shall be consistent with any F86[regional spatial and economic strategy] in force, and
(ii) the potential for economic and social development of the city or town, which assessment shall be in compliance with policy directives of the Minister issued under section 29, have regard to guidelines issued by the Minister under section 28, or take account of any relevant policies or objectives of the Government, the Minister or any other Minister of the Government, as the case may be. ]
(3) Without prejudice to subsection (2), a development plan may indicate objectives for any of the purposes referred to in the First Schedule.
(4) The Minister may prescribe additional objectives for the purposes of subsection (2) or for the purposes of the First Schedule.
F87[(5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030-0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a development plan.]
F73[(5A) Where required, a strategic environmental assessment or an appropriate assessment of a draft development plan shall be carried out.]
(6) Where a planning authority proposes to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan except after consultation with the other local authority.
(7) A development plan may indicate that specified development in a particular area will be subject to the making of a local area plan.
(8) There shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan.
F73[(9) Nothing in this section shall affect the existence or validity of any public right of way.
(10) No objective included in a development plan under this section shall be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993.]
Annotations
Amendments:
F73
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(a), (b)(i), (c), (d) and (e), S.I. No. 477 of 2010.
F74
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. nos. 1-3, S.I. No. 436 of 2018.
F75
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 14, S.I. No. 214 of 2014.
F76
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 10, S.I. No. 436 of 2018.
F77
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 11, S.I. No. 436 of 2018.
F78
Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(a), S.I. No. 846 of 2007.
F79
Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 28, S.I. No. 364 of 2015.
F80
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 7(b)(ii), S.I. No. 477 of 2010.
F81
Substituted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 19(a), S.I. No. 468 of 2021.
F82
Deleted (7.09.2021) by Climate Action and Low Carbon Development (Amendment) Act 2021 (32/2021), s. 19(b), S.I. No. 468 of 2021.
F83
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 17, S.I. No. 214 of 2014.
F84
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 18, S.I. No. 214 of 2014.
F85
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 18, S.I. No. 214 of 2014.
F86
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 19, S.I. No. 214 of 2014.
F87
Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 4.
Editorial Notes:
E49
Power pursuant to subs. (5) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E50
Power pursuant to subs. (5) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E51
Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E52
Previous affecting provisions: subss. (1B), (1C) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 15, 16, S.I. No. 214 of 2014; subsections deleted as per F-note above.
Preparation of draft development plan.
11.—F88[(1) (a) Not later than 4 years after the making of a development plan, a planning authority shall, subject to paragraph (b), give notice of its intention to review its existing development plan and to prepare a new development plan for its area.
F89[(aa) Subject to paragraph (b) and notwithstanding paragraph (a), the council of the city of Cork shall, not later than 4 years (or such longer period, not exceeding 5 years, as the Minister may specify by order) after the making of a development plan, give notice of its intention to review its existing development plan and to prepare a new development plan for its area.
(ab) Subject to paragraph (b) and notwithstanding paragraph (a), the council of the county of Cork shall, not later than 4 years (or such longer period, not exceeding 5 years, as the Minister may specify by order) after the making of a development plan, give notice of its intention to review its existing development plan and to prepare a new development plan for its area.]
(b) For the purpose of enabling the incorporation of the National Planning Framework and a regional spatial and economic strategy into a development plan—
(i) where notice of a development plan review to be given in accordance with F90[paragraph (a), (aa) or (ab)] is prior to the making of the relevant regional spatial and economic strategy, then notice of the review shall be deferred until not later than 13 weeks after the relevant regional spatial and economic strategy has been made,
(ii) where a development plan review referred to in F90[paragraph (a), (aa) or (ab)] has commenced and a draft plan has not been submitted to the members of the planning authority concerned in accordance with subsection (5)(a) prior to the making of the relevant regional spatial and economic strategy, then the review process shall be suspended until not later than 13 weeks after the making of the relevant regional spatial and economic strategy,
(iii) where notice of a development plan review to be given in accordance with F90[paragraph (a), (aa) or (ab)] would, but for this subparagraph, be more than the period of 26 weeks after the making of the relevant regional spatial and economic strategy, then each planning authority concerned shall, within that period, either—
(I) give notice of a development plan variation in accordance with section 13, or
(II) give notice of a development plan review.]
F91[(1A) The review of the existing development plan and preparation of a new development plan under this section by the planning authority shall be strategic in nature for the purposes of developing—
(a) the objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan, and
(b) the core strategy,
and shall take account of the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.]
(2) A notice under subsection (1) shall be given to the Minister F92[, the Office of the Planning Regulator], any prescribed authorities, any adjoining planning authorities, the Board, F93[any relevant regional assembly and any local community development committee within the functional area of the local authority] and shall be published in one or more newspapers circulating in the area to which the development plan relates and shall—
(a) state that the planning authority intends to review the existing development plan and to prepare a new development plan,
F94[(b) indicate that submissions or observations regarding objectives and policies to deliver an overall strategy for the proper planning and sustainable development of the area of the development plan may be made in writing to the planning authority within a specified period (which shall not be less than 8 weeks),
(bb) indicate that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under paragraph (b),
(bc) state that the planning authority intends to review the zoning of the area of the development plan for the purposes referred to in subsection (1A)(a) and (b) and indicate that requests or proposals for zoning of particular land for any purpose shall not be considered at this stage.]
(c) indicate the time during which and the place or places where any background papers or draft proposals (if any) regarding the review of the existing plan and the preparation of the new development plan may be inspected.
(3) (a) As soon as may be after giving notice under this section of its intention to review a development plan and to prepare a new development plan, a planning authority shall take whatever additional measures it considers necessary to consult with the general public and other interested bodies.
F95[(b) Without prejudice to the generality of paragraph (a), a planning authority—
(i) shall consult with members of the public in such manner (which shall include the holding of a public meeting or an online public meeting) as it considers appropriate, and invite submissions in writing from members of the public, in relation to a proposed development plan, and
(ii) may invite oral submissions from members of the public in relation to a proposed development plan.]
(c) In addition to paragraphs (a) and (b), a planning authority shall take whatever measures it considers necessary to consult with the providers of energy, telecommunications, transport and any other relevant infrastructure and of education, health, policing and other services in order to ascertain any long-term plans for the provision of the infrastructure and services in the area of the planning authority and the providers shall furnish the necessary information to the planning authority.
F96[(3A) (a) Written submissions or observations received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(4) (a) Not later than 16 weeks after giving notice under subsection (1), the F97[chief executive] of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and the matters arising out of any consultations under subsection (3).
F96[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following its preparation.]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section as well as any persons or bodies consulted by the authority,
F94[(ii) summarise the issues raised in the submissions and during the consultations, where appropriate, but shall not refer to a submission relating to a request or proposal for zoning of particular land for any purpose.]
(iii) give the opinion of the F97[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and
(iv) state the F97[chief executive’s recommendations] on the policies to be included in the draft development plan.
F98[(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31B and outline the recommendations of the F97[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.]
F91[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F99[regional assembly] in a report prepared in accordance with section 27A (inserted by section 17 of the Act of 2010) and outline the recommendations of the F97[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.]
(c) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority, for their consideration.
(d) Following the consideration of a report under paragraph (c), the members of the planning authority or of the committee, as the case may be, may issue directions to the F97[chief executive] regarding the preparation of the draft development plan, F94[and any such directions shall be strategic in nature, consistent with the draft core strategy, and shall take account of] the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and the F97[chief executive] shall comply with any such directions.
(e) Directions under paragraph (d) shall be issued not later than 10 weeks after the submission of a report in accordance with paragraph (c).
(f) In issuing directions under paragraph (d), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates.
(5) (a) The F97[chief executive] shall, not later than 12 weeks following the receipt of any directions under subsection (4)(d), prepare a draft development plan and submit it to the members of the planning authority for their consideration.
(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the F97[chief executive] in accordance with paragraph (a).
(c) Where the draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan, unless, within 8 weeks of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan.
Annotations
Amendments:
F88
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 12, S.I. No. 436 of 2018.
F89
Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(b), S.I. No. 20 of 2019.
F90
Substituted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 24, S.I. No. 355 of 2019.
F91
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 8(a) and (c)(ii), S.I. No. 477 of 2010.
F92
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 1, S.I. No. 133 of 2019, art. 2(b).
F93
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 20, S.I. No. 214 of 2014.
F94
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 8(b), (c)(i) and (iii), S.I. No. 477 of 2010.
F95
Substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 4, commenced on enactment.
F96
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 2, 3, S.I. No. 436 of 2018.
F97
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 4-9, S.I. No. 436 of 2018.
F98
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 83, S.I. No. 574 of 2009.
F99
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 21, S.I. No. 214 of 2014.
Editorial Notes:
E53
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E54
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E55
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E56
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E57
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E58
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E59
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
F100[
Extension of certain development plans and restriction of section 11
11A.—(1) In this section—
“specified planning authority” means—
(a) in respect of its administrative area, a town council, or
(b) in respect of its administrative area, North Tipperary County Council, South Tipperary County Council, Limerick County Council, Limerick City Council, Waterford County Council or Waterford City Council;
“town council” means the town council of a town set out in Part 1 of Schedule 6 to the Local Government Act 2001 and to which section 11(4) of that Act relates.
(2) Except as provided for by section 11B(2), subsection (1) of section 11 shall not apply to a specified planning authority—
(a) where the specified planning authority decides not to review its development plan, or
(b) where a notice of intention to review its development plan has been given by the specified planning authority under that subsection and it decides by virtue of this section not to review, or not to continue to review, that plan,
and, accordingly, the development plan shall continue to have effect until such time as a development plan that includes the administrative area of the specified planning authority is made for the purposes of section 11B.
(3) A decision by a specified planning authority under subsection (2) shall not have effect unless notice of the making of the decision—
(a) is given in writing to the Minister,
(b) where the planning authority is a town council, is given in writing to the council of the county in which the town council is situated, and
(c) is published in a newspaper circulating in the area to which the development plan concerned relates.
(4) A notice of the making of a decision by a specified planning authority under subsection (2) may be published by it on the internet.]
Annotations
Amendments:
F100
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F101[
Development plans for new administrative areas to be provided
11B.—Where after the passing of the Electoral, Local Government and Planning and Development Act 2013 provision is made by law which has the effect of amalgamating the administrative areas of—
(a) North Tipperary County Council and South Tipperary County Council,
(b) Limerick County Council and Limerick City Council, or
(c) Waterford County Council and Waterford City Council,
then, the council for each of the areas so amalgamated shall be its planning authority and shall, within 12 months of the making of regional planning guidelines that take into account the amalgamation of the administrative areas concerned, commence the preparation of a development plan for its administrative area.
F102[(1A) Where a planning authority to which subsection (1) relates has not commenced the preparation of a development plan in accordance with this section before the initial making of the relevant regional spatial and economic strategy, then the reference in that subsection to “within 12 months of the making of regional planning guidelines that take into account the amalgamation of the administrative areas concerned” shall be read as a reference to “no later than 26 weeks after the making of the initial regional spatial and economic strategy that takes into account the amalgamation of the administrative areas concerned”.]
(2) For the purposes of subsection (1) and the preparation of a development plan referred to in that subsection, this Chapter shall have effect—
(a) as if the reference to 6 years in section 9(1) were a reference to not more than 3 years after the making of the regional planning guidelines referred to in subsection (1), and
(b) as if the reference to 4 years in section 11(1) were a reference to within the period of 12 months referred to in subsection (1).
(3) Pending the making, by a planning authority to which subsection (1) relates, of its development plan consequent on the preparation of that plan, the development plans within the planning authority’s administrative area (including any development plan to which section 11C relates) shall continue to apply to the extent provided for by each of those plans.
(4) After the making of a development plan in accordance with this section by a planning authority referred to in subsection (1), the obligation under section 9 to make a development plan every 6 years, together with the prior compliance with the requirements of section 11, shall apply to the authority.]
Annotations
Amendments:
F101
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F102
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 13, S.I. No. 436 of 2018.
F103[Development plans and dissolution of certain planning authorities
11C.—Where after the passing of the Electoral, Local Government and Planning and Development Act 2013 provision is made by law for the dissolution of town councils (being town councils within the meaning of section 11A(1)) then, irrespective of whether or not any relevant decision was made pursuant to section 11A(2)—
(a) the development plan for the administrative area of such a town council (in this section referred to as the “dissolved administrative area”) shall continue to have effect to the extent provided for by that plan and be read together with the development plan for the administrative area within which the dissolved administrative area is situated, and
(b) a development plan as so read in accordance with paragraph (a) shall, except where section 11B(2) applies, be reviewed in accordance with the requirements of section 9 as that section applies to the development plan for the administrative area within which the dissolved administrative area is situated.]
Annotations
Amendments:
F103
Inserted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 28, commenced on enactment.
F104[Modification to operation of sections 11 and 11B of Act of 2000 having regard to Covid-19
11D. (1) Notwithstanding paragraphs (a), (aa) and (ab) of subsection (1) of section 11 (as may be modified by section 11(1)(b)) and subsections (2), (3) and (4) of section 11B but subject to subsections (2) to (9), where a planning authority decides in accordance with section 9A(1) or members of the planning authority approve a resolution under section 9A(2) that it may be necessary to extend the period to complete the review of the existing development plan and to prepare a new development plan for its functional area pending the making by a planning authority of its new development plan, the planning authority may decide to extend the duration of the existing development plan for its area for a further period or periods which shall not exceed one year.
(2) Before making a decision under subsection (9), the planning authority shall be satisfied that—
(a) the effect of the proposed extension of the duration of the existing development plan for the area, when considered alone or, as appropriate, in combination with any previous extension of that plan, is not likely to have significant effects on the environment or to have a significant effect on a European site, or both, or
(b) a strategic environmental assessment or an appropriate assessment or both such assessments, as necessary, has or have been carried out in respect of the effect of the proposed extension of the duration of the existing development plan for the area, when considered alone or, as appropriate, in combination with any previous extension of that plan.
(3) Where a planning authority proposes to extend the duration of an existing development plan, it shall—
(a) give notice to the Minister, the Office of the Planning Regulator, the Board, the relevant regional assembly, and where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan, and
(b) publish notice of the proposed extension of the duration of the existing development plan in one or more newspapers circulating in that area.
(4) A notice under subsection (3) shall—
(a) state that the planning authority proposes to extend the duration of the existing development plan in order to provide a further period of time, the period of time being specified in the notice but not exceeding a period of one year, to complete the development plan review and to prepare and make a new development plan,
(b) state that a copy of any relevant assessment referred to in subsection (2) may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that the copy will be kept for inspection accordingly), and
(c) indicate that a submission or observation with respect to the proposed extension of the duration of the existing development plan made to the planning authority within a specified period which shall be not less than 4 weeks from the date of the notice, will be taken into consideration before a decision is made as to whether or not to extend the duration of the existing development plan.
(5) (a) Not later than 8 weeks after giving notice under subsection (3), the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.
(b) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under that paragraph.
(c) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
(ii) provide a summary of the issues raised in the submissions and observations made in relation to the proposal to extend the duration of the existing development plan in accordance with this section, and
(iii) give the response of the chief executive to the issues raised.
(6) In considering whether to extend the duration of the existing development plan, the members of a planning authority shall be restricted to considering—
(a) the reasons referred to in subsection (1) or (2) of section 9A for considering that a further period may be necessary to complete the development plan review and to prepare and make a new development plan, and
(b) whether the effect of the proposed extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, is likely to have—
(i) significant effects on the environment or a significant effect on a European site, or both, or
(ii) adverse effects on the integrity of a European site.
(7) For the purposes of subsection (2)(a), in considering whether or not the extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, would have a significant effect on a European site, a planning authority shall carry out a screening for appropriate assessment in accordance with section 177U.
(8) For the purposes of subsection (2)(b), where necessary, a planning authority shall carry out an appropriate assessment in respect of the extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, in accordance with Part XAB.
(9) (a) The members of a planning authority shall consider the proposed extension of the duration of the existing development plan and the report of the chief executive under subsection (5).
(b) The members of the authority, having considered the proposed extension of the duration of the existing development plan and the chief executive’s report may decide, by a vote in favour of the resolution by a simple majority of the members of the planning authority concerned present at an ordinary or special meeting, to extend the duration of the existing development plan for a period not exceeding one year.
(10) (a) Where a planning authority extends the duration of the existing development plan under this section, it shall—
(i) publish a notice to this effect in at least one newspaper circulating in its area, and
(ii) notify the Minister, the Office of the Planning Regulator, the Board, the relevant regional assembly, and where appropriate, any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan.
(b) A notice under this subsection shall state that a copy of the development plan as extended is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
(11) A person shall not question the validity of the extension of the duration of a development plan by reason only that the procedures required by this section were not completed within the time required.
(12) Where the duration of an existing development plan is extended under this section, that development plan shall continue to have effect until a new development plan takes effect under section 12, at which time the existing development plan shall cease to have effect.
(13) Where a planning authority decides under section 9A(3) that a further period or periods is or are necessary to complete the review of the existing development plan and to prepare and make a new development plan, it may make a further decision in accordance with this section to extend the duration of the existing development plan but the cumulative period of any further extension or extensions of the duration of such plan shall not exceed one year.
(14) In this section, a reference to an existing development plan shall include, where section 11B applies, a reference to existing development plans.
(15) This section shall cease to have effect on 1 January 2024.]
Annotations:
Amendments:
F104
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 3, S.I. No. 365 of 2021.
Editorial Notes:
E60
The section heading is taken from the amending section in the absence of one included in the amendment.
Making of development plan.
12.—(1) Where the draft development plan has been prepared in accordance with section 11, the planning authority shall within 2 weeks of the period referred to in section 11(5)(c)—
F105[(a) send notice and a copy of the draft development plan to the Minister F106[, the Office of the Planning Regulator], the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and]
(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.
(2) A notice under subsection (1) shall state that—
(a) a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and
(b) written submissions or observations with respect to the draft made to the planning authority within the stated period will be taken into consideration before the making of the plan.
F107[(2A) The Minister or the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]
(3) (a) Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the planning authority shall serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars.
(b) A notice under paragraph (a) shall state—
(i) that a copy of the proposed addition or deletion may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly),
(ii) that written submissions or observations with respect to the proposed addition or deletion made to the planning authority within the stated period will be taken into consideration before the making of the addition or deletion,
(iii) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, and
(iv) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under subparagraph (ii) (and any such observations shall be taken into consideration accordingly).
(4) (a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (3), the F108[chief executive] of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and submit the report to the members of the authority for their consideration.
F109[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
F110[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft development plan in accordance with this section,]
(iii) give the response of the F108[chief executive] to the issues raised, taking account of any directions of the members of the authority or the committee under section 11(4), the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minister of the Government and, if appropriate, any observations made by the Minister for Arts, Heritage, Gaeltacht and the Islands under subsection (3)(b)(iv).
F107[(ba) A report prepared and submitted in accordance with paragraph (a) shall contain a summary of the observations, submissions and recommendations made by the Office of the Planning Regulator under section 31AM to the planning authority concerned.]
F111[(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the F108[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
F112[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F113[regional assembly] in its written submission prepared in accordance with section 27B (inserted by section 18 of the Act of 2010) and outline the recommendations of the F108[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
(5) (a) The members of a planning authority shall consider the draft plan and the report of the F108[chief executive] under subsection (4).
F112[(aa) Following consideration of the draft plan and the report of the F108[chief executive] under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section F107[or from the Office of the Planning Regulator made to that planning authority under section 31AM] or from a F113[regional assembly] made to the authority under section 27B, decides not to comply with any recommendation made in the draft plan and report, it shall so inform F107[the Office of the Planning Regulator and] the Minister or F113[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
(b) The consideration of a draft plan and the F108[chief executive’s report] under paragraph (a) shall be completed within 12 weeks of the submission of the F108[chief executive’s report] to the members of the authority.
(6) Where, following the consideration of the draft development plan and the F108[chief executive’s report], it appears to the members of the authority that the draft should be accepted or amended, subject to subsection (7), they may, by resolution, accept or amend the draft and make the development plan accordingly.
F114[(7) (a) Subject to paragraphs (aa) and (ae) in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (6), publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, F106[the Office of the Planning Regulator,] the Board and the prescribed authorities.]
F112[(aa) 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 required to be carried out as respects one or more than one proposed material alteration of the draft development plan.
(ab) The F108[chief executive], not later than 2 weeks after a determination under paragraph (aa) shall specify such period as he or she considers necessary following the passing of a resolution under subsection (6) as being required to facilitate an assessment referred to in paragraph (aa).
(ac) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.
(ad) The notice referred to in paragraph (ac) shall state—
(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (aa) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the development plan is made.
(ae) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the F108[chief executive].]
F114[(b) A notice under paragraph (a) or (ac) (inserted by section 9 of the Act of 2010)] shall state that—
(i) a copy of the proposed amendment of the draft development plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and
(ii) written submissions or observations with respect to the proposed amendment of the draft made to the planning authority within the stated period shall be taken into consideration before the making of any amendment.
(8) (a) Not later than 8 weeks after giving notice under subsection (7), the F108[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.
F109[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
F110[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft development plan in accordance with this section,]
(iii) give the response of the F108[chief executive] to the issues raised, taking account of the directions of the members of the authority or the committee under section 11(4), the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
F109[(8A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(9) (a) The members of a planning authority shall consider the amendment and the report of the F108[chief executive] under subsection (8).
(b) The consideration of the amendment and the F108[chief executive’s report] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F108[chief executive’s report] to the members of the authority.
F114[(10) (a) The members of the authority shall, by resolution, having considered the F108[chief executive’s report], make the plan with or without the proposed amendment that would, if made, be a material alteration, except that where they decide to accept the amendment they may do so subject to any modifications to the amendments as they consider appropriate, which may include the making of a further modification to the alteration and paragraph (c) shall apply in relation to any further modification.]
(b) The requirements of subsections (7) to (9) shall not apply in relation to modifications made in accordance with paragraph (a).
F112[(c) A further modification to the alteration—
(i) 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,
(ii) shall not be made where it relates to—
(I) an increase in the area of land zoned for any purpose, or
(II) an addition to or deletion from the record of protected structures.]
(11) In making the development plan under subsection (6) or (10), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.
(12) (a) Where a planning authority makes a development plan, it shall publish a notice of the making of the plan in at least one newspaper circulating in its area.
(b) A notice under this subsection shall state that a copy of the plan is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the development plan to the Minister, F106[the Office of the Planning Regulator,] the prescribed authorities, any adjoining planning authorities, the Board, F115[and any local community development committee] within its area.
(13) As soon as may be after making an addition to or a deletion from the record of protected structures under this section, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.
F114[(14) (a) Notwithstanding any other provision of this Part, where a planning authority fails to make a development plan within a period referred to in paragraph (b), the F108[chief executive] shall make the plan provided that so much of the plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the F108[chief executive].
(b) The period referred to in paragraph (a) is—
(i) not more than 2 years from the giving of notice under section 11(1), or
(ii) where subsection (7)(aa) (inserted by section 9 of the Act of 2010) applies—
(I) not more than 2 years and 4 weeks, or
(II) if appropriate in the circumstances, such longer period than 2 years and 4 weeks as is specified under subsection (7)(ab) (inserted by section 9 of the Act of 2010) by the F108[chief executive] as being required to facilitate an assessment referred to in subsection (7)(aa).]
F116[(14A) During the period beginning on the date on which section 4 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, notwithstanding the expiration of the period referred to in subsection (14), the chief executive shall not make the development plan under subsection (14)(a) if, in a case where section 9A applies, the planning authority makes the plan during any period extended in accordance with that section 9A.]
(15) When considering the draft development plan, or amendments thereto, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding such plan or amendment.
(16) A person shall not question the validity of the development plan by reason only that the procedures as set out under subsections (3) to (5) of section 11 and F117[subsections (1), (4), (5), (6), (7), (8) and (9)] of this section were not completed within the time required under the relevant subsection.
(17) A development plan made under this section shall have effect F118[6 weeks] from the day that it is made.
F119[(18) In this section “statutory obligations” includes—
(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
(i) the national and regional development objectives specified in—
(I) the National Planning Framework, and
(II) the regional spatial and economic strategy, and
(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.]
Annotations
Amendments:
F105
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 22, S.I. No. 214 of 2014.
F106
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 2, 7, 8, S.I. No. 133 of 2019, art. 2(b).
F107
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(a), (b)(ii), (c), S.I. No. 436 of 2018.
F108
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 10-23, S.I. No. 436 of 2018.
F109
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 4-6, S.I. No. 436 of 2018.
F110
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(b)(i), (d), S.I. No. 436 of 2018.
F111
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 84, S.I. No. 574 of 2009.
F112
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(ii), (c), (d)(ii), (d)(iii) and (e)(ii), S.I. No. 477 of 2010.
F113
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 23, 24, S.I. No. 214 of 2014.
F114
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(a), (b)(i), (d)(i), (e)(i) and (f), S.I. No. 477 of 2010.
F115
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 25, S.I. No. 214 of 2014.
F116
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 4, S.I. No. 365 of 2021.
F117
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 7, commenced on enactment.
F118
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 9, S.I. No. 133 of 2019, reg. 2(b).
F119
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 4, S.I. No. 488 of 2022.
F120
Inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 4-6, not commenced as of date of revision.
Modifications (not altering text):
C28
Prospective affecting provision: subs. (18) substituted by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 4, not commenced as of date of revision.
F119[(18) In this section “statutory obligations” includes—
(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
(i) the national and regional development objectives specified in—
(I) the National Planning Framework, and
(II) the regional spatial and economic strategy, and
(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.]
C29
Prospective affecting provisions: section amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 3-6, not commenced as of date of revision. Note that the minor amendments in sch. 1 ref. nos. 3, 4 are rendered redundant as the provision affected, subs. (4)(b)(ii), has been substituted as per F-note above.
12.— …
(4) …
(b) …
F110[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
F120[(IA) issues raised by the Office of the Planning Regulator, and]
…]
(5) …
F112[(aa) Following consideration of the draft plan and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister F120[, or from the Office of the Planning Regulator,] made to the authority under this section F107[or from the Office of the Planning Regulator made to that planning authority under section 31AM] or from a F113[regional assembly] made to the authority under section 27B, decides not to comply with any recommendation made in the draft plan and report, it shall so inform F107[the Office of the Planning Regulator and] the Minister F120[, the Office of the Planning Regulator] or F113[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
…
C30
Functions transferred and references construed (24.06.2021) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2021 (S.I. No. 302 of 2021), art. 3(1)(c), (2), in effect as per art. 1(2).
3. (1) The functions vested in the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media–
…
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies and to make observations to which section 12(3)(b)(iv) of that Act applies, are transferred to the Minister for Housing, Local Government and Heritage.
(2) References to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Housing, Local Government and Heritage.
C31
Functions in relation to making a recommendation to which subs. (3)(b)(iii) applies, and to making observations to which subs. (3)(b)(iv) applies, transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).
2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.
(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.
3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—
(a) by or under any of the Acts mentioned in Part 1 of the Schedule,
(b) under the Regulations mentioned in Part 2 of the Schedule, and
(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,
are transferred to the Minister for Tourism, Culture and Sport.
(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.
…
Schedule Part 1
Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
…
Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).
Part 2
Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.
…
Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001);
…
Editorial Notes:
E61
Making a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E62
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E63
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E64
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E65
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E66
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E67
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E68
Previous affecting provision: subs. (18) inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(e), S.I. No. 436 of 2018; substituted (1.10.2022) as per F-note above.
E69
Previous affecting provision: subs. (4)(b)(ii) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(i), S.I. No. 477 of 2010; substituted as per F-note above.
E70
Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).
E71
Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).
E72
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
E73
Previous affecting provision: subs. (1)(a) amended (2.10.2010, 9.10.2001) by Planning and Development (Amendement) Act 2010 (30/2010), s. 9(a), S.I. No. 77 of 2010 and Local Government Act 2001 (37/2001), s. 247(a), S.I. No. 458 of 2001; substituted as per F-note above.
Variation of development plan.
13.—(1) A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force.
F121[(1A) (a) The members of a planning authority may at any time, for stated reasons, submit a resolution to the manager of the planning authority requesting him or her to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan which for the time being is in force where three quarters of the members of that authority have approved such a resolution.
(b) The manager of a planning authority shall submit a report further to a request under paragraph (a) to the elected members within four weeks of the adoption of the resolution.]
(2) Where a planning authority proposes to make a variation in a development plan, it shall—
F122[(a) send notice and copies of the proposed variation of the development plan F123[to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media], F124[the Office of the Planning Regulator,] the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan,]
(b) publish notice of the proposed variation of the development plan in one or more newspapers circulating in that area.
(3) A notice under subsection (2) shall state—
(a) the reason or reasons for the proposed variation,
(b) that a copy of the proposed variation may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy of the draft variation shall be kept available for inspection accordingly), and
(c) that written submissions or observations with respect to the proposed variation made to the planning authority within the said period will be taken into consideration before the making of the variation.
F125[(3A) The Minister or the Office of the Planning Regulator may, in relation to a proposed variation of a development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]
F126[(3A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.
(b) Publication in accordance with paragraph (a)—
(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,
(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(4) (a) Not later than 8 weeks after giving notice under subsection (2)(b), the F127[chief executive] of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.
F126[(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).]
(b) A report under paragraph (a) shall—
(i) list the persons or bodies who made submissions or observations under this section,
F128[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft development plan in accordance with this section,]
(iii) give the response of the F127[chief executive] to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
F129[(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31D and outline the recommendations of the F127[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the proposed variation.]
F130[(bc) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F131[regional assembly] in its written submission prepared in accordance with section 27C (inserted by section 19 of the Act of 2010) and outline the recommendations of the F127[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the development plan.]
(5) (a) The members of a planning authority shall consider the proposed variation and the report of the F127[chief executive] under subsection (4).
F130[(aa) Following consideration of the proposed variation and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister F124[, or from the Office of the Planning Regulator,] made to the authority under this section or from a F131[regional assembly] made to the authority under section 27C, decides not to comply with any recommendation made in the proposed variation and report, it shall so inform the Minister F124[, the Office of the Planning Regulator] or F131[regional assembly], as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.]
(b) The consideration of the variation and the F127[chief executive’s report] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F127[chief executive’s report] to the members of the authority.
F132[(6) (a) Subject to paragraphs (aa) and (ae), the members of the authority, having considered the proposed variation and F127[chief executive’s report] may, as they consider appropriate, by resolution, make the variation which would, if made, be a material alteration, with or without further modification or they may refuse to make it and paragraph (c) shall apply in relation to any further modification.
(aa) 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 required to be carried out as respects one or more than one proposed modification that would, if made, be a material alteration of the variation of the development plan.
(ab) The F127[chief executive] shall, not later than 2 weeks after a determination under paragraph (aa), specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (aa).
(ac) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.
(ad) The notice referred to in paragraph (ac) shall state—
(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (aa) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the variation of the development plan is made.
(ae) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the F127[chief executive].]
(b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).
F130[(c) A further modification to the variation—
(i) 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,
(ii) shall not be made where it refers to—
(I) an increase in the area of land zoned for any purpose, or
(II) an addition to or deletion from the record of protected structures.]
(7) In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.
(8) (a) Where a planning authority makes a variation in a development plan, it shall publish a notice of the making of the variation in at least one newspaper circulating in its area.
(b) A notice under this subsection shall state that a copy of the development plan as varied is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
F133[(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation F123[to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media], F124[the Office of the Planning Regulator,] the Board, the relevant regional assembly and, where appropriate, to the prescribed authorities, any adjoining planning authorities and any local community development committee within its area.]
(9) When considering a variation of a development plan in accordance with this section, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the variation.
(10) A person shall not question the validity of a variation in a development plan by reason only that the procedures as set out in this section were not completed within the time required.
(11) A variation made to a development plan shall have effect from the day that the variation is made.
F134[(12) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 – 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a variation of a development plan.]
F135[(13) An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB.]
F136[(14) In this section “statutory obligations” includes—
(a) in relation to a local authority, the obligation to ensure that the development plan is consistent with—
(i) the national and regional development objectives specified in—
(I) the National Planning Framework, and
(II) the regional spatial and economic strategy, and
(ii) specific planning policy requirements specified in guidelines under subsection (1) of section 28, and
(b) in relation to a local authority that is a coastal planning authority, the obligation to ensure that the development plan is, in addition to being consistent with the obligation referred to in paragraph (a), consistent with the National Marine Planning Framework.]
Annotations
Amendments:
F121
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 16, S.I. No. 436 of 2018.
F122
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 26, S.I. No. 214 of 2014.
F123
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 4(a), (b), S.I. No. 279 of 2021.
F124
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 10, 13-15, S.I. No. 133 of 2019, art. 2(b).
F125
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(a), (c), S.I. No. 436 of 2018.
F126
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 7, 8, S.I. No. 436 of 2018.
F127
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 24-29, S.I. No. 436 of 2018.
F128
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(b), S.I. No. 436 of 2018.
F129
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 85, S.I. No. 574 of 2009.
F130
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(ii), (c) and (d)(ii), S.I. No. 477 of 2010.
F131
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 27, 28, S.I. No. 214 of 2014.
F132
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), (b)(i), (d)(i) and (e), S.I. No. 477 of 2010.
F133
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 29, S.I. No. 214 of 2014.
F134
Inserted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 5.
F135
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(f), S.I. No. 475 of 2011.
F136
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 5, S.I. No. 488 of 2022.
Modifications (not altering text):
C32
Prospective affecting provisions: section amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 11, 12, 16, not commenced as of date of revision. Note that the minor amendments in sch. 1 ref. nos. 11, 12 are rendered redundant as the provision affected, subs. (4)(b)(ii), has been substituted as per F-note above. The amendment made by ref. no. 16 cannot be made as the words to be substituted do not exist in subs. (11).
Editorial Notes:
E74
Varying a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E75
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E76
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E77
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E78
Power pursuant to subs. (12) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E79
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E80
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E81
Power pursuant to subs. (12) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E82
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E83
Previous affecting provision: subs. (14) inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(c), S.I. No. 436 of 2018; substituted (1.10.2022) as per F-note above.
E84
Previous affecting provision: subs. (2)(a) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.
E85
Previous affecting provision: subs. (8)(c) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.
E86
Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), S.I. No. 477 of 2010; substituted as per F-note above.
E87
Previous affecting provision: subs. (4)(b)(ii) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(i), S.I. No. 477 of 2010; substituted as per F-note above.
E88
Previous affecting provision: subs. (8)(c) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(e), S.I. No. 477 of 2010; substituted as per F-note above.
E89
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
Public rights of way in development plans.
14.—(1) Where a planning authority proposes to include, for the first time, a provision in a development plan relating to the preservation of a specific public right of way, it shall serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists.
(2) A notice served under subsection (1) shall state that—
(a) the planning authority proposes to include a provision in the development plan relating to the preservation of the public right of way,
(b) written submissions or observations regarding the proposal may be made to the planning authority within a stated period of not less than 6 weeks and that the submissions or observations will be taken into consideration by the planning authority, and
(c) where, following consideration of any submissions or observations received under paragraph (b), the planning authority considers that the provision should be adopted, or adopted subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision.
(3) The members of a planning authority, having considered the proposal and any submissions or observations made in respect of it, may, by resolution as they consider appropriate, recommend the inclusion of the provision in the development plan, with or without modifications, or may recommend against its inclusion and any person on whom notice has been served under subsection (1) shall be notified of the recommendation accordingly and a copy of such notice shall be published in at least one newspaper circulating in the area.
(4) Any person who has been notified of the recommendation of the planning authority under subsection (3) may, before the expiration of the 21 days next following the notification, appeal to the Circuit Court against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall accordingly not be included.
(5) (a) The taking of an appeal under subsection (4) shall not prejudice the making of a development plan under section 12 except in regard to the inclusion of the proposed provision which is before the Court.
(b) Where a development plan has been made under section 12 and the Court, having considered an appeal under subsection (4), decides that the public right of way exists, the proposed provision under this section shall be deemed to be part of the development plan.
(6) Where any existing development plan contains any provision relating to the preservation of a public right of way, the provision may be included in any subsequent development plan without the necessity to comply with this section.
(7) (a) Nothing in this section shall affect the existence or validity of any public right of way which is not included in the development plan.
(b) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown.
General duty of planning authority to secure objectives of development plan.
15.—(1) It shall be the duty of a planning authority to take such steps within its powers as may be necessary for securing the objectives of the development plan.
(2) The F137[chief executive] of a planning authority shall, not more than 2 years after the making of a development plan, give a report to the members of the authority on the progress achieved in securing the objectives referred to in subsection (1).
Annotations
Amendments:
F137
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 30, S.I. No. 436 of 2018.
Copies of development plans.
16.—(1) A planning authority shall make available for inspection and purchase by members of the public copies of a development plan and of variations of a development plan and extracts therefrom.
(2) A planning authority shall make available for inspection and purchase by members of the public copies of a report of a F138[chief executive] of a planning authority prepared under sections 11(4), 12(4) and (8) and 13(4) and extracts therefrom.
(3) Copies of the development plan and of variations of a development plan and reports of the F138[chief executive] referred to in subsection (2) and extracts therefrom shall be made available for purchase on payment of a specified fee not exceeding the reasonable cost of making a copy.
Annotations
Amendments:
F138
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 31, 32, S.I. No. 436 of 2018.
Evidence of development plans.
17.—(1) A document purporting to be a copy of a part or all of a development plan and to be certified by an officer of a planning authority as a correct copy shall be evidence of the plan or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer.
(2) Evidence of all or part of a development plan may be given by production of a copy thereof certified in accordance with this subsection and it shall not be necessary to produce the plan itself.
Chapter II
Local Area Plans
Local area plans.
18.—(1) F139[Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time], and for any particular area within its functional area, prepare a local area plan in respect of that area.
(2) Two or more planning authorities may co-operate in preparing a local area plan in respect of any area which lies within the combined functional area of the authorities concerned.
(3) (a) When considering an application for permission under section 34, a planning authority, or the Board on appeal, shall have regard to the provisions of any local area plan prepared for the area to which the application relates, and the authority or the Board may also consider any relevant draft local plan which has been prepared but not yet made in accordance with section 20.
(b) When considering an application for permission, a planning authority, or the Board on appeal, shall also have regard to any integrated area plan (within the meaning of the Urban Renewal Act, 1998) for the area to which the application relates.
(4) (a) A local area plan prepared under this section shall indicate the period for which the plan is to remain in force.
(b) A local area plan may remain in force in accordance with paragraph (a) notwithstanding the variation of a development plan or the making of a new development plan affecting the area to which the local area plan relates except that, where any provision of a local area plan conflicts with the provisions of the development plan as varied or the new development plan, the provision of the local area plan shall cease to have any effect.
(5) F139[Subject to section 19(2B) (inserted by section 12 of the Act of 2010) a planning authority may at any time] amend or revoke a local area plan.
(6) A planning authority may enter into an arrangement with any suitably qualified person or local community group for the preparation, or the carrying out of any aspect of the preparation, of a local area plan.
Annotations
Amendments:
F139
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 11, S.I. No. 477 of 2010.
Application and content of local area plans.
19.—(1) (a) A local area plan may be prepared in respect of any area, including a Gaeltacht area, or an existing suburb of an urban area, which the planning authority considers suitable and, in particular, for those areas which require economic, physical and social renewal and for areas likely to be subject to large scale development within the lifetime of the plan.
F140[(b) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which—
(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,
(ii) has a population in excess of 5,000, and
(iii) is situated within the functional area of a planning authority which is a city and county council or a county council.]
F141[(bb) Notwithstanding paragraph (b), a local area plan shall be made in respect of a town with a population that exceeded 1,500 persons (in the census of population most recently published before a planning authority makes its decision under subparagraph (i)) except where—
(i) the planning authority decides to indicate objectives for the area of the town in its development plan under section 10(2), or
(ii) a local area plan has already been made in respect of the area of the town or objectives for that area have already been indicated in the development plan under section 10(2).]
F142[(c) Subject to paragraphs (d) and (e), notwithstanding section 18(5), a planning authority shall send a notice under section 20(3)(a)(i) of a proposal to make, amend or revoke a local area plan and publish a notice of the proposal under section 20(3)(a)(ii) at least every 6 years after the making of the previous local area plan.
(d) Subject to paragraph (e), not more than 5 years after the making of the previous local area plan, a planning authority may, as they consider appropriate, by resolution defer the sending of a notice under section 20(3)(a)(i) and publishing a notice under section 20(3)(a)(ii) for a further period not exceeding 5 years.
(e) No resolution shall be passed by the planning authority until such time as the members of the authority have:
(i) notified the F143[chief executive] of the decision of the authority to defer the sending and publishing of the notices, giving reasons therefor, and
(ii) sought and obtained from the F143[chief executive]—
(I) an opinion that the local area plan remains consistent with the objectives and core strategy of the relevant development plan,
(II) an opinion that the objectives of the local area plan have not been substantially secured, and
(III) confirmation that the sending and publishing of the notices may be deferred and the period for which they may be deferred.
(f) Notification of a resolution under paragraph (d) shall be published by the planning authority in a newspaper circulating in the area of the local area plan not later than 2 weeks after the resolution is passed and notice of the resolution shall be made available for inspection by members of the public during office hours of the planning authority and made available in electronic form including by placing the notice on the authority’s website.]
F144[(2) A local area plan shall be consistent with the objectives of the development plan F141[, its core strategy, and any F145[regional spatial and economic strategy] that apply to the area of the plan] and shall consist of a written statement and a plan or plans which may include—
(a) objectives for the zoning of land for the use solely or primarily of particular areas for particular purposes, or
(b) such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the area to which it applies, including F141[the objective of development of land on a phased basis and,] detail on community facilities and amenities and on standards for the design of developments and structures.]
F146[(2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA.]
F141[(2B) Where any objective of a local area plan is no longer consistent with the objectives of a development plan for the area, the planning authority shall as soon as may be (and in any event not later than one year following the making of the development plan) amend the local area plan so that its objectives are consistent with the objectives of the development plan.]
(3) The Minister may provide in regulations that local area plans shall be prepared in respect of certain classes of areas or in certain circumstances and a planning authority shall comply with any such regulations.
F147[(4) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 – 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a local area plan.]
F148[(5) An appropriate assessment of a draft local area plan shall be carried out in accordance with Part XAB.
(6) There shall be no presumption in law that any land zoned in a particular local area plan shall remain so zoned in any subsequent local area plan.]
Annotations
Amendments:
F140
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 30, S.I. No. 214 of 2014.
F141
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(ii), (b) and (c), S.I. No. 477 of 2010.
F142
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(i) and (iii), S.I. No. 477 of 2010.
F143
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 33, S.I. No. 436 of 2018.
F144
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 8, commenced on enactment.
F145
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 31, S.I. No. 214 of 2014.
F146
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 86, S.I. No. 574 of 2009.
F147
Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 6.
F148
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(d), S.I. No. 475 of 2011.
Editorial Notes:
E90
Power pursuant to subs. (4) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E91
Power pursuant to subs. (4) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
Consultation and adoption of local area plans.
20.—(1) A planning authority shall take whatever steps it considers necessary to F149[consult the Minister F150[, the Office of the Planning Regulator] and the public before] preparing, amending or revoking a local area plan including consultations with any local residents, public sector agencies, non-governmental agencies, local community groups and commercial and business interests within the area.
F151[(1A) The Minister or the Office of the Planning Regulator may, in relation to a local area plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]
(2) A planning authority shall consult údarás na Gaeltachta before making, amending or revoking a local area plan under subsection (3) for an area which includes a Gaeltacht area.
(3) (a) The planning authority shall, as soon as may be after consideration of any matters arising out of consultations under subsections (1) or (2) but before making, amending or revoking a local area plan—
(i) send notice of the proposal to make, amend or revoke a local area F149[plan to the Minister, F150[the Office of the Planning Regulator,] the Board] and to the prescribed authorities (and, where applicable, it shall enclose a copy of the proposed plan or amended plan),
(ii) publish a notice of the proposal in one or more newspapers circulating in its area.
(b) A notice under paragraph (a) shall state—
(i) that the planning authority proposes to make, amend or revoke a local area plan,
(ii) that a copy of the proposal to make, amend or revoke the local area plan and (where appropriate) the proposed local area plan, or proposed amended plan, may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not less than 6 weeks),
(iii) that submissions or observations in respect of the proposal made to the planning authority during such period will be taken into consideration in deciding upon the proposal.
F152[(iv) that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under subparagraph (iii).]
(c) (i) Not later than 12 weeks after giving notice under paragraph (b), the F153[chief executive] of a planning authority shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and shall submit the report to the members of the planning authority for their consideration.
F154[(ia) A chief executive’s report prepared for the purposes of subparagraph (i) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under subparagraph (i).]
(ii) A report under subparagraph (i) shall—
(I) list the persons who made submissions or observations,
F155[(II) provide a summary of—
(A) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(B) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(C) the submissions and observations made by any other persons,
in relation to the draft local area plan in accordance with this section,]
(III) contain the opinion of the F153[chief executive] in relation to the issues raised, and his or her recommendations in relation to the proposed local area plan, amendment to a local area plan or revocation of a local area plan, as the case may be, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
F156[(cc) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the F153[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan.]
F157[(d) (i) The members of a planning authority shall consider the proposal to make, amend or revoke a local area plan and the report of the F153[chief executive] under paragraph (c).
(ii) Following consideration of the manager’s report under subparagraph (i), the local area plan shall be deemed to be made, amended or revoked, as appropriate, in accordance with the recommendations of the F153[chief executive] as set out in his or her report, 6 weeks after the furnishing of the report to all the members of the authority, unless the planning authority, by resolution—
F149[(I) subject to paragraphs (e) to (r), decides to make or amend the plan otherwise than as recommended in the F153[chief executive’s report], or]
(II) decides not to make, amend or revoke, as the case may be, the plan.
F149[(e) Where, following consideration of the F153[chief executive’s report], it appears to the members of the authority that the draft local area plan should be altered, and the proposed alteration would, if made be a material alteration of the draft local area plan concerned, subject to paragraphs (f) and (j), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (d)(ii) (inserted by section 9 of the Act of 2002), publish notice of the proposed material alteration in one or more newspapers circulating in its area, and send notice of the proposed material alteration to the Minister, F150[the Office of the Planning Regulator,] the Board and the prescribed authorities (enclosing where the authority considers it appropriate a copy of the proposed material alteration).
(f) 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 required to be carried out as respects one or more than one proposed material alteration of the draft local area plan.
(g) The F153[chief executive] shall, not later than 2 weeks after a determination under paragraph (f) specify such period as he or she considers necessary following the passing of a resolution under paragraph (d)(ii) as being required to facilitate an assessment referred to in paragraph (f).
(h) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (f) is required, in at least one newspaper circulating in its area.
(i) The planning authority shall cause an assessment referred to in paragraph (f) to be carried out of the proposed alteration of the local area plan within the period specified by the F153[chief executive].
(j) A notice under paragraph (e) or (h) as the case may be shall state that—
(i) a copy of the proposed material alteration of the draft local area plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and
(ii) written submissions or observations with respect to the proposed material alteration of the draft local area plan may be made to the planning authority within the stated period and shall be taken into consideration before the making of any material alteration.
F154[(ja) (i) Written submissions or observations received by a planning authority under this subsection shall, subject to subparagraph (ii), be published on the website of the authority within 10 working days of its receipt by that authority.
(ii) Publication in accordance with subparagraph (i)—
(I) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,
(II) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in subparagraph (i), legal advice to the effect that it should not publish under that subparagraph or should cease to so publish, as the case may be, the submission or observation concerned,
(III) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in subparagraph (i), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or
(IV) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.]
(k) Not later than 8 weeks after publishing a notice under paragraph (e) or (h) as the case may be, or such period as may be specified by the F153[chief executive] under paragraph (g), the F153[chief executive] shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration.
F154[(ka) A chief executive’s report prepared for the purposes of paragraph (k) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (k).]
(l) A report under paragraph (k) shall—
(i) list the persons who made submissions or observations under paragraph (j)(ii),
F155[(ii) provide a summary of—
(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,
(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and
(III) the submissions and observations made by any other persons,
in relation to the draft local area plan in accordance with this section,]
(iii) contain the opinion of the F153[chief executive] in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration to the draft local area plan, including any change to the proposed material alteration as he or she considers appropriate, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.
(m) The members of the authority shall consider the proposed material alteration of the draft local area plan and the report of the F153[chief executive] under paragraph (k).
(n) Following consideration of the F153[chief executive’s report] under paragraph (m), the local area plan shall be made or amended as appropriate by the planning authority by resolution no later than a period of 6 weeks after the report has been furnished to all the members of the authority with all, some or none of the material alterations as published in accordance with paragraph (e) or (h) as the case may be.
(o) Where the planning authority decides to make or amend the local area plan or change the material alteration of the plan by resolution as provided in paragraph (n)—
(i) paragraph (p) shall apply in relation to the making of the resolution, and
(ii) paragraph (q) shall apply in relation to any change to the material alteration proposed.
(p) It shall be necessary for the passing of the resolution referred to in paragraph (n) that it shall be passed by not less than half of the members of the planning authority and the requirements of this paragraph are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.
(q) A further modification to the material alteration—
(i) 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,
(ii) shall not be made where it refers to—
(I) an increase in the area of land zoned for any purpose, or
(II) an addition to or deletion from the record of protected structures.
(r) When performing their functions under this subsection, the members of the planning authority shall be restricted to considering the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.]]
(4) The Minister may make regulations or issue guidelines in relation to the preparation of local area plans.
F152[(4A) A local area plan made under this section shall have effect F158[6 weeks] from the day that it is made.]
(5) A planning authority shall send a copy of any local area plan made under this Chapter to any bodies consulted under subsection (1), (2) or (3), the Board and, where appropriate, any prescribed body.
F151[(5) In this section ‘statutory obligations’ includes, in relation to a local authority, the obligation to ensure that the local area plan is consistent with—
(a) the objectives of the development plan,
(b) the national and regional development objectives specified in—
(i) the National Planning Framework, and
(ii) the regional spatial and economic strategy,
and
(c) specific planning policy requirements specified in guidelines under subsection (1) of section 28.]
Annotations
Amendments:
F149
Substituted and inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(a), (b)(i), (iii) and (iv), S.I. No. 477 of 2010.
F150
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 17-19, S.I. No. 133 of 2019, art. 2(b).
F151
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 17(a), (c), S.I. No. 436 of 2018.
F152
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(b)(ii) and (c), S.I. No. 477 of 2010.
F153
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 34-42, S.I. No. 436 of 2018.
F154
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 9-11, S.I. No. 436 of 2018.
F155
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 17(b)(i), (ii), S.I. No. 436 of 2018.
F156
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 87, S.I. No. 574 of 2009.
F157
Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment.
F158
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 20, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E92
Making a decision in relation to the making, amendment or revocation of a local area plan is a reserved function of local authorities or municipal district members as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 12 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.
E93
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E94
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E95
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E96
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E97
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E98
Previous affecting provision: subs. (3)(d)(ii)(I) substituted and subs. (3)(e)-(i) inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment; substituted as per F-note above.
E99
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000); revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.