Electoral, Local Government and Planning and Development Act 2013

PART 8

Planning and Development

Amendment of Chapter I of Part II of Planning and Development Act 2000

28. Chapter I of Part II of the Planning and Development Act 2000 is amended by inserting the following sections after section 11:

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.

Development plans for new administrative areas to be provided for

11B. (1) 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.

(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.

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.”.