Development Plan I
Overview
County Councils and City Councils are planning authorities for their areas. This means that they are responsible for the administration and enforcement of planning and development legislation for their area.Formerly, most Town Councils were planning authorities prior to their abolition under 2014 legislation.
Each planning authority is obliged to make a development plan every six years. This is a plan indicating the development objectives and land use strategies for each part of their area.
Certain objectives must be included in development plans. Other objectives are optional. The environmental plan should set out in broad terms, the permitted land uses for each part of the district. Land must be zoned for use for particular purposes (e.g. residential, industrial, commercial, agricultural, open spaces, mixed-use), to the extent that the planning authority considers that proper and sustainable planning and development of the area so requires.
Objectives
Sufficient land must be zoned for housing. Provision must be made for infrastructure, including energy, communications, water, waste and transport. The plan should provide (amongst other things) for the objectives of
- conserving and protecting the environment, including the archaeological heritage;
- integration of proper planning and sustainable development with social, community and culture requirements of the area and its population;
- preservation of the character of the landscape including preservation of use of amenities and places of natural beauty or interest;
- protection of structures of special archaeological, historical, architectural, cultural scientific, social or technical interest,
- preservation of the character of architectural conservation areas;
- development and renewal of areas in need of regeneration;
- traveller accommodation,
- preservation, extension and improvement of amenities;
- provision of community services such as schools,
- protection of artistic and cultural heritage
- flood risk assessment and the control of development in flood risk are
- reservation of land for allotments and for regulating promoting and controlling the provision of allotments for individual or community use.
Plans under other legislation including waste management and strategic development zone plans are deemed to be incorporated. Where a housing strategy has been adopted, this is incorporated. There are a number of further categories of objectives which may be provided, including provision for infrastructure and transport, the location and pattern of development and community facilities.
Planning Authorities must coordinate their plans with adjoining authorities and with other spatial plans unless it is inappropriate to do so. The Minister can require adjoining authorities to coordinate their plans generally or in relation to specific issues. Development Plans must have regard to relevant Government objectives and strategies.
Consultation
The Development Plan is adopted made by the elected members of the Council. It is proposed by the planning and other officers of the authority, with the input of consultants in some cases. The legislation encourages consultation with the public and persons with special environmental interests, in the making of the plan
Planning Authorities are obliged to consult with service and utility providers, education, health, police and other service providers on their long-term proposals and plans for providing infrastructure and services. These organisations must provide the requisite information. Planning Authorities are also obliged to consult with certain groups with special interest and environmental expertise (including non-governmental groups)participate in the making of the plan.
Planning authorities are required to seek submissions and observations on the draft plan. Not less than four years after the previous plan has been adopted, the local authority must give notice of its intention to review the plan and prepare a new development plan.
A notice must be given to certain bodies and published in a newspaper circulating in the area. It must indicate that the plan is being reviewed and indicate where it may be inspected. Observations and submissions are sought for a certain period. The authority must hold a public meeting to seek written and oral submissions in respect of the plan.
The County manager is required to prepare a report on the submissions, observations and matters arising from the consultation. The report summarises the submissions and issues and gives the manager’s views on them in the context of the recommendations for inclusion in the plan.
Report to Elected Members
The manager’s report is submitted to the elected members or a committee of them, who consider it and issue directions in relation to its contents. The elected members may issue directions but are limited to considering the proper planning and development of the area. Within 12 weeks, the manager is required to submit a draft development plan for the members to consider.
The draft development plan must be put on display for ten weeks and notice of this fact must be submitted to certain bodies. A notice must also be published in a newspaper circulating in the area, giving details of where the plan may be inspected. The draft development plan must be submitted to certain bodies.
Within 22 weeks after giving notice of the plan, the County Manager must prepare a report on submissions and observations raised, outlining issues and giving responses. A general overview and summaries of the issues will suffice. The elected members must consider the plan and the manager’s report.
Adoption and Variation by Elected Members
The elected member may resolve to accept or amend the draft development plan. If an amendment is material, the draft plan must be put on display again and the provisions in relation to the public notice, submissions and observations apply. The elected members may adopt the plan with amendments or without them. If the elected members fail to follow the procedures, the plan may be unlawful and can be held to void.
The local authority can vary the development plan from time to time. It must vary the plan where regional planning guidelines require variation to achieve their objectives. The procedure for variation requires notice to specified bodies, publication of the public notice, the invitation of written submissions and observations and a report by the County Manager on the variation and submissions.
The elected members then consider the proposed variation. The procedure is, in effect, a shortened version of the procedure for the adoption of the development plan.
Nature of Development Plan
The development plan should set the framework for the development of the local authority area. Local authorities have a broad obligation to take steps to secure the objectives in their plan. These may be in policy or aspiration terms or may be in more concrete terms in other cases.
A local authority may not carry out development in contravention of its own development plan. The Courts will prohibit such development.
Bord Pleanála is obliged to have regard to the development plan but does have the power to grant planning permission in contravention of it. The County Manager, now the Chief Executive, must report to the elected members on the progress achieved in implementing objectives in the development plan within two years of it being made.
Local Area Plans
Local authorities may also make local area plans. They must be consistent with the development plan. They consist of a written statement and a plan dealing with objectives determined by the local authority.
The rules for the adaptation of a local area plan are broadly similar to those for the adoption of the development plan. An Bord Pleanála must have regard to the provisions of the local area plan.
Local area plans are required in certain circumstances and are optional in others. Regard may be had to the draft development plan and the draft local area plan in planning applications.
The 2010 Act requires that Local area plans must be prepared for population areas of 5,000 or more. The local authority must also provide a statutory plan for towns and villages with a population between 1,500 and 5,000. There is flexibility as to whether this is to be provided within the development plan or the local area.
The Department has power to issue a direction in relation to local area plans. The Minister can draft a proposed direction and seek views from local parties, including the council.
Integration with Regional and National Plans
The 2010 Act sought to strengthen the link between the National Spatial Strategy, regional planning guidelines, development plans and local area plans. The core strategy must take into account ministerial policies in relation to national and regional population targets.
The 2010 Act strengthens the development plan as the link between national, regional, county, and local policy. The policy also applies to local area plans. The purpose is to secure a strategic and phased approach to zoning, which will facilitate infrastructure phasing.
Planning authorities must review and vary their development plans within a year after the making of the relevant regional planning guidelines in order to provide for a core strategy within their existing development plan. Development plans must contain mandatory objectives for the promotion of sustainable development and transportation strategies in urban and rural areas, including the promotion of environmentally friendly measures.
Submissions and observations on strategic issues in the draft development plan are provided for. In the context of varying a development plan, Manager’s report must make recommendations to ensure consistency between regional planning guidelines and the relevant development plan.
Evidence-Based Strategy
The 2010 Act introduced requirements for an evidence-based strategy in development plans. They are to provide information as to how the plan and housing strategy, are consistent with Regional Planning Guidelines and the National Spatial Strategy.
The location, extent and phasing of proposed developments as well as growth scenarios, transport plans, retail developments and policies regarding development in rural areas are to be shown. More detailed circulars are to issue from the Department in relation to planning systems and spatial policy.
The core strategy shall take account of any policy of the Minister in relation to national and regional population targets and shall strengthen further the development plan as the fundamental link with national, regional, county/city and local policies. The core strategy shall also provide the policy framework for Local Area Plans (LAPs), particularly in relation to zoning at LAP level.
The location, quantum and phasing of the proposed development must be shown as well as growth scenarios, details of transport plans and retail development and proposals for development in rural areas (in accordance with Ministerial guidelines). The key objective is to secure a strategic and phased approach to zoning which will facilitate infrastructure provision.
In support of the broader climate change agenda, development plans must contain mandatory objectives for the promotion of sustainable settlement and transportation strategies in urban and rural areas, including appropriate measures to reduce man-made greenhouse gas emissions.