Making Development Plan

Consistency with Strategies

The 2010 Act amends the provisions regarding the making of the development plan. The Minister for the Environment has an increased role.

The 2010 Act requires planning authorities to have a core strategy in their development plan. This must demonstrate how the development objectives are consistent with the national spatial strategy and regional planning guidelines. The development plan must include information showing how the planning authority has implemented policies and objectives and ministerial guidelines.

Where land is to be zoned for residential use, it must set out how the zoning proposals comply with the national policies. There must be a settlement hierarchy providing for the projected population growth of towns and cities and the potential for the social and economic development of such towns and cities.

The written statement of the plan must include a statement demonstrating that its objectives are consistent insofar as practicable with the conservation and protection of the environment.

If the planning authority determines not to comply with a recommendation made by the manager pursuant to a submission by the Minister, the planning authority is to notify the Minister and give reasons. The Minister may give notice in relation to the proposed plan when the planning authority has failed to take account or to take sufficient account of the submissions and observations of the Minister.

The 2010 Act requires compliance with the strategic environmental impact assessment directive. The authority is to screen material amendments to the draft development plan.

New Draft Development Plan

The new draft development plan process commences within four years after the making of the development plan. There are provisions for facilitating the incorporation of the national planning framework and the regional spatial and economic strategy into the development plan.

Planning authorities may, with the agreement of other local authorities, join in or, at the direction of the Minister, make a single development plan for the functional area and any environment that forms part of the adjoining local authority’s area.

The review of the development plan and preparation of a new development plan by the planning authority shall be strategic in nature for the purpose of developing the objectives and policies to deliver an overall strategy for the proper planning and development framework of the area of the development plan and the core strategy. It takes account of statutory obligations and policies and objectives for the time being of the government and any Minister of the government.

Provision was made for the amalgamation of the administrative areas of North and South Tipperary County Council, Limerick County Council and Limerick City Council, Waterford County Council and Waterford City Council. Provision was made for the development plans for the new administrative areas.

Process I

The planning authority must invite submissions and observations within a period to be not less than eight weeks. The planning authority shall consult with the public, including holding public meetings and shall invite submissions, written and oral. Written observations are published on the website unless vexatious or defamatory et cetera

If the planning authority intends to review the zoning of the area of the development plan and indicates or requests proposals for the zoning, they shall not be considered at this stage.

The chief executive’s report on the development plan shall be published on the website. The report shall list the persons who have made observations and summarise the issues. It shall not refer to submissions for zoning or rezoning.

It shall state the opinion of the chief executive in relation to the issues raised, taking account of the proper planning and sustainable development of the area and the statutory obligations of the Council. It shall state the chief executive’s recommendation on the policies to be included in the development plan.

Additional requirements apply within the greater Dublin area.

Process II

Copies of the draft development plan are sent to the planning regulator. The Minister and planning regulator may make recommendations in relation to the draft development plan.

Not less than 22 weeks after initial notice and if appropriate, the chief executive of the planning authority shall prepare a report on any submissions or observations received and submitted to the members of the authority for their consideration. The report is published on the website of the Council.

Following consideration of the draft plan and the report of the chief executive where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority or from the Office of the Planning Regulator made to the planning authority or from regional assembly made to the authority, decides not to comply with any recommendation made in the draft plan and report, it shall so inform the Office of the Planning Regulator and the Minister or regional assembly, as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.

Adoption

Following consideration of the draft development plan and the chief executive’s report, if it appears to the members of the authority that it should be accepted or amended, then they may, by resolution, accept and amend the draft development plan. Where the proposed amendment would be a material alteration of the draft, the planning authority shall within three weeks of passing a resolution to adopt the development plan, publish notice of the proposed amendment in at least one newspaper circulating in the area and send notice of the proposed amendment to the Minister.

The local authority is to publish particulars of the proposed amendment and provide for inspection and the provision of written submissions and observations with respect to the proposed amendment. Within eight weeks, the chief executive shall prepare a report on submissions and observations. It should be published on the website as soon as practicable. The usual exceptions to publication apply.

The members of the planning authority may consider the amendment and the chief executive’s report. Having done so, they may make the plan with or without the proposed amendment. Where they decide to accept the amendment, they may do so subject to any modifications to the amendment as they consider appropriate.

A further modification to the alteration may be made where it is of a minor nature and not likely to have significant effects on the environment or adversely affect the integrity of the European European site. It may not increase the area of land zoned for any purpose or provide for the addition or deletion of the record of protected structures.

If a planning authority fails to make a development plan within the period referred to in the legislation, the chief executive shall make the plan. So much of the plan, as had been agreed by the elected members, shall be included as part of the plan. The relevant period is two years from the giving of initial notice or two years or longer periods where amendment provisions apply.

Variation

The provisions for variation of the development plan are similar to those applicable to making the plan. The elected members may submit a resolution to the manager requesting him or her to prepare a report on a proposal to initiate a variation in the development plan. Three-quarters of the elected members must approve the resolution.

The manager is to submit a report within four weeks to the elected members. Where it is proposed to make the variation, notice must be published and circulated to various entities, including the Minister, the planning regulator, other prescribed authorities and local community development committees. The Minister and planning regulator may make recommendations.

Written submissions are sought and generally published on the website. Within a period of eight weeks from the initial notice, the chief executive is to prepare a report including on the submissions and observations for the elected members. It is published on the website. It is to contain certain matters.

It shall summarise the issues raised and the recommendations made by the relevant regional assembly and outline the recommendations of the chief executive. The elected members consider the proposed variation and report.

Where the elected members decide not comply with recommendations, they shall inform the Minister, the planning regulator and the regional assembly, as the case may be, giving reasons for the decision.

The consideration of the variation and the chief executive’s report is to be completed within six weeks after the submission of the chief executive’s report.

Members of the authority, having considered the variation report, may, if they consider it appropriate by resolution, make the variation with or without further modification or may refuse to make it. The planning authority shall determine whether a strategic environmental assessment or appropriate assessment or both are required with respect to one or more modifications that would be a material alteration of the variation of the development plan.

A further modification to the variation may be made if it is minor and, therefore, not likely to have significant effects on the environment or adversely affect the integrity of a European site. It shall not increase the area of land zoned for any purpose or make an addition or deletion to the record of protected structures.

Local Area Plan

The local area plan threshold applies to a population of 5000. Below this, the local authority may choose to make a plan in relation to a town with a population of over 1500. The local area action plan must be consistent with the development plan’s objectives, including its core strategy and any regional planning guidelines that are applicable.

A local area plan shall be made in respect of a town with a population over 1500 persons except where the planning authority decides to indicate objectives for the area in its development plan where the local area plan has already been made in respect of the area of the town or the objectives for that area are already been indicated in the development plan.

Procedures apply to the making variation and revocation of the local area plan. There is provision for discovering and rolling over a local area plan.

A local area plan shall be consistent with the objectives of the development plan, its core strategy, and any regional spatial and economic strategy that apply to the area of the plan. It  shall consist of a written statement and a plan or plans which may include

• objectives for the zoning of land for the use solely or primarily of particular areas for particular purposes, or
• 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 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.

LAP Process

The Minister or the planning regulator may make recommendations in relation to a local area plan. The members of the planning authority shall consider the proposal to make amend or revoke the plan and the report of the chief executive. Following consideration of the reports, they may adopt or not adopt or revoke the plan as the case may be.

Where the elected members decide to alter the local area plan and the alteration would be a material alteration of the draft local area plan, certain further procedures apply.

The planning authority shall determine if a strategic environmental assessment or appropriate assessment is required in respect of the local area plan or material alteration thereof.