Planning and Development (Amendment) Act 2015

• Permanent Page URL

Amendment of section 169 (making of planning scheme) of Principal Act

5. Section 169 of the Principal Act is amended—

(a) in subsection (3)(b) by substituting the following for subparagraph (i):

“(i) list the persons or bodies who made submissions or observations for the purposes of subsections (1) and (2),”,

and

(b) by substituting the following for subsection (7):

“(7) (a) Following consideration of an appeal made under this section, the Board may—

(i) subject to paragraph (b) and (c) and subsection (7A), approve the making of the planning scheme, with or without any modifications, or

(ii) refuse to approve the making of the planning scheme.

(b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (7A), the Board shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned.

(c) If the Board determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply—

(i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC¹ on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or

(ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (7A), it shall approve the planning scheme with such modification.

(d) Where the Board approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly.

(7A) (a) Before making a decision under subsection (7)(c)(ii) in respect of a planning scheme, the Board shall—

(i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, and

(ii) for the purpose of so determining, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

(b) If the Board determines that the making of a modification referred to in subsection (7)(c)(ii) —

(i) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it may approve the planning scheme concerned with the modification, or

(ii) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) ² or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.

(c) Before making a determination under subsection (7)(c)(ii), the Board shall require the relevant planning authority—

(i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and

(ii) to publish a notice of the proposed modification of the planning scheme concerned in one or more newspapers circulating in that area,

and every such notice shall state—

(I) the reason or reasons for the proposed modification,

(II) that a copy of the proposed modification, along with any assessment undertaken in accordance with paragraph (b)(ii), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and

(III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification,

and the copy of the proposed modification shall be made available for inspection accordingly.

(d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (7A)(b)(ii) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.

(e) A report under paragraph (d) shall—

(i) list the persons or bodies who made submissions or observations for the purposes of paragraph (c)(III),

(ii) summarise the issues raised in the submissions or observations so made,

(iii) include, where and if required for the purposes of subsection (7A)(b)(ii), either or both—

(I) the environmental report and strategic environmental assessment, and

(II) the Natura impact report and appropriate assessment,

of the planning authority, and

(iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, 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.

(f) Where a report has been submitted to the Board under paragraph (d), the planning authority concerned shall, upon being requested by the Board, provide it with copies of such submissions or observations to which that paragraph relates as are so requested.

(g) The Board shall have regard to any report prepared in accordance with paragraphs (d) and (e), and

(h) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make a modification as referred to in subsection (7)(c)(ii), it shall—

(i) approve the planning scheme with the modification accordingly,

(ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and

(iii) notify any person who made a submission or observation in accordance with paragraph (c)(III) of the determination under subsection (7)(c).”.

¹O.J. No. L197, 21.7.2001 p.30

²O.J. No. L197, 21.7.2001 p.30