Ministerial Guidelines
Emergence of Guidelines
Ministerial guidelines have played an increasing role in planning since 2000. They may be both advisory and mandatory.
Guidelines may be advisory in relaition to matters to which planning and other authorities are to have regard in decision making.Some guidelines may give practical advice on implementing statutory requirements. Mandatory guidelines may be issued which must be implemented by planning/local authorities.
Ministerial guidelines have been issued in relation to many key issues and aspects of planning and development. These include those set out in the following sections.
Housing Guidelines
Guidelines on housing strategies; they deal with formulation of the
- strategy, assessment of housing needs,
- achieving a proper mix of zoning of land for housing
- inclusion of objectives for implementation of the strategy in the development plan
- agreements for social and affordable housing land transfer for social and affordable housing
- allocation of social and affordable housing
- voluntary housing
Guidance in relation to development requiring environmental impact assessment below the statutory thresholds;
Certain projects and their impact must be assessed before they are permitted. Others below the threshold set out, which may have an effect on the environment and in particular certain protected areas, are to be screened to ensure consistent decision-making. This is not always required but planning authorities must consider whether an environmental impact assessment may be required where the development is within an environmentally sensitive area.
Architectural Heritage
These guidelines are to assist in implementation of the architectural heritage protection provisions of the planning and development act 2000. They give guidance on compilation of lists of protected structures which are those of special architectural, historical, archaeological, artistic cultural scientific or social interest.
They deal with the consideration of planning applications in relation to protected structures. They also deal with declarations under the legislation in relation to protected structures in cases where the works would be otherwise exempt
Strategic environmental assessment
The EU directive requires prior strategic consideration in the preparation of regional planning guidelines, development plans, local area plans, strategic development zones et cetera. Assessment is mandatory for some plans and advisory for others. Consultation is required.
Sustainable rural housing
The guidelines seek to set out the terms on which planning permission may be granted for housing in rural areas. It is designed to be flexible and to facilitate persons with roots and links to the area to be granted planning permission for houses.
Guidelines on wind energy
The development plan must take account of government policy on renewable energy and enabling wind energy resources to be used consistent with proper and sustainable development. The development plan should contain a statement of the objectives and policies in relation to wind energy development and the factors to be taken account of in planning applications for such developments.
It should identify areas where there is significant wind energy potential. Specify criteria are to be taken into account in wind energy developments. They should be open to the potential for small-scale wind energy development within coastal and urban areas.
Wind Energy
The guidelines set out a methodology for assessing and evaluating landscape potential for wind energy developments. An overlay of landscape evaluation and wind energy mapping should be combined with information on the natural and built environment. The areas identified should be considered with reference to electricity transmission and distribution grids.
The guidelines set out environmental impact assessment considerations. Pre-application consultation should be undertaken to improve the quality of applications and avoid requests for further information.
The Planning authority should encourage developers to engage in consultation with the community before making an application. Environmental impact assessment is a mandatory for wind energy developments with greater than 5 MW output.
The guidelines have been revised on a number of occasions. There should be a minimum separation of half a kilometre from the nearest dwellinghouse. There should be an upper upper noise limit of 40 dBA measured at the boundary of noise sensitive properties.
Development Management
Guidelines have been made in relation to development management. They are detailed and address issues such as pre-application consultation, lodgement, validation, environmental impact assessment processing, drafting decisions appeals, declarations and enforcement. They recommend separate special procedures for larger complex applications including the involvement of senior staff to take overall responsibility for the case.
The guidelines emphasise the importance of pre-application consultation is in order to avoid request for further information. Records should be kept of formal consultations. The guidelines advise in relation to issues surrounding freedom of information and data protection.
The structure and format of planning reports is dealt with. Adequate reasons should be given. Conditions should be appropriate and relevant. They should be clear precise and enforceable.
Enforceable
Guidelines also deal with applications for declarations of exemption and enforcement. They emphasise proactive enforcement and swift action in respect of unlawful development.
Guidelines have been published and republished in relation to development plans. It sets out the objectives and structure of the development plan. It should comprise and include
- a clear and simple core strategy which provides an overview of planning issues and influences on policies
- objectives and policies to achieve the core strategy
supporting information on which the strategy objectives and policies are based. The guidelines set out the approach to zoning.
Sustainable Residential
Guidelines on sustainable residential development in urban areas assist planning authorities and others in relation to residential development. The guidelines have been published together with a best practice design manual.
It sets out criteria in relation to design covering issues such as layout, adaptability, privacy, parking and inclusivity. Standards for residential development for cities and large towns in excess of 5000 persons are set out. Appropriate densities for land serviced with public transport and in other outer suburban and greenfield areas are set out. Appropriate development for smaller towns and villages and the relevant densities are set out
Flood Risk
Guidelines on flood risk management are published by the Department and the Office of Public Works. They take account of the requirements of EU directives including in particular the directive on flood management risks.
The guidelines deal with flood risks and assist in classifying lands is vulnerable or less vulnerable. They describe the concept of a flood zone.
The deal with flood risk assessment and management in the planning process. They give guidance on development within flood risk areas. Development should not be provision save where strictly justified.
Roads
The spatial planning and national road guidelines provide for collaboration between planning authorities and the National Road Authority. They emphasise the importance of a plan led evidence-based approach to transport and land use in relation to the roads network. Sustainable development should ideally minimise travel. Development plans and permissions should reflect the transport network available. Development on national roads should be restricted.
Quarries
There are guidelines on quarries. Quarries are subject to special provisions in the legislation and have been subject to legal challenges. Special provisions apply
Retail
Retail planning guidelines recommend that planning authorities should prepare retail strategies for their area. The preferred location should generally be the town centre. Where this is not possible, development on the edge of the town may be appropriate.
Contributions and Infrastructure Costs
There are guidelines on development contributions. Development contributions schemes should fund infrastructure required for the development. Schemes should be reasonable equitable and evidence-based. The guidelines and other departmental circulars seek to achieve consistency across different planning authorities.
They recommend steps be taken in the preparation of a development scheme. This includes estimation of future infrastructure costs ,allocation of costs to the development identification of appropriate waivers and public consultation on the draft scheme. Under the water services legislation development contributions in respect of water are replaced by agreement between Irish Water and the Developer.
Local Area Plans
There are guidelines on local area plans. They are accompanied by manuals designed to achieve best practice and implement an evidence-based approach.
Local area plans are required in respect of areas of population of more than 5,000 persons designated as a town. They may also be prepared for areas requiring regeneration or subject to large-scale development. A local action area plan may be prepared for towns and villages of more than 1,500 persons. The plans are to last for six years
Guidelines set out the approach which the planning authority should take to preparation and formulation of the local area plan. There should be initial investigation and fact-finding followed by the statutory process set out in the legislation. There are requirements for liaison with local communities public bodies and others stakeholders. The guidelines provide for monitoring of development under local area plans.
Apartment Standards
There are guidelines for design standards for new apartments. They set out standards for 1, 2 and three-bedroom apartments with minimum floor areas and bedrooms. They address the mix of facilities, open space, facilities for cars and bicycles, play space for children. daylight and sunlight provision and access for disabled persons
EIA
There are guidelines on carrying out environmental impact assessments. They set out the appropriate processes for the various categories of environmental impact assessment required under planning and other legislation. They set out appropriate processes. They give guidance on screening applications in relation to whether environmental impact assessment is required.
The urban development and building heights guidelines emphasise increased heights as a means of achieving higher density. Councils should identify under development plan where increased building height will be permitted.
Policy Guidelines
The Minister may issue policy directives with which both the planning authorities and An Bord Pleanala must comply. They are laid before the Oireactas.
The planning enforcement general policy directive deals with enforcement. The planning and development urgent social housing supply policy was directed at the Dublin area councils to use the powers to accelerates social housing development delivery.
Development Plan Directions
There is ministerial power to make specific directions in relation to the development plans. The directions may be general or may be specific and binding. The Department is intimately involved in the development plan process and may make recommendations. Ultimately the Department may require matters to be incorporated.
The Planning Regulator’s office now assesses and evaluates planning authority and other bodies development plans. The Minister retains the power to make directions.
Regional planning guidelines now regional spatial and economic strategies, are made by the Regional Authorities. The Minister has issued directions in relation to the making of such strategies. The regional spatial and economic strategy is to support the National planning framework.
The National Transport Authority has prepared a transport strategy for the greater Dublin area 2016 to 2025. It must be reviewed every six years. It provides for infrastructure and operational measures. It divides the greater Dublin area into a number of corridors six emanating from Dublin city centre and two central corridors. The strategy identifies transport needs.
Some Drafts
Draft guidelines have been prepared in a number of areas. They include guidelines on
- landscape and landscape assessment
- drainage and reclamation of wetlands
- water services guidelines