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Variation of development plan.
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13.—(1) A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force.
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(2) Where a planning authority proposes to make a variation in a development plan, it shall—
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(a) send notice and copies of the proposed variation of the development plan to the Minister, the Board and, where appropriate, to any adjoining planning authority, the prescribed authorities, any town commissioners and city and county development boards within the area of the development plan,
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(b) publish notice of the proposed variation of the development plan in one or more newspapers circulating in that area.
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(3) A notice under subsection (2) shall state—
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(a) the reason or reasons for the proposed variation,
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(b) that a copy of the proposed variation may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy of the draft variation shall be kept available for inspection accordingly), and
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(c) that written submissions or observations with respect to the proposed variation made to the planning authority within the said period will be taken into consideration before the making of the variation.
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(4) (a) Not later than 8 weeks after giving notice under subsection (2)(b), the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.
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(b) A report under paragraph (a) shall—
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(i) list the persons or bodies who made submissions or observations under this section,
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(ii) summarise the issues raised by the persons or bodies in the submissions,
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(iii) give the response of the manager to the issues raised, taking account of the proper planning and sustainable development of the area, 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.
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(5) (a) The members of a planning authority shall consider the proposed variation and the report of the manager under subsection (4).
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(b) The consideration of the variation and the manager's report under paragraph (a) shall be completed not later than 6 weeks after the submission of the manager's report to the members of the authority.
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(6) (a) The members of a planning authority, having considered the proposed variation and manager's report, may, by resolution as they consider appropriate, make the variation, with or without modifications, or they may refuse to make it.
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(b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).
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(7) In making a variation under this section, the members of the authority shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government.
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(8) (a) Where a planning authority makes a variation in a development plan, it shall publish a notice of the making of the variation in at least one newspaper circulating in its area.
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(b) A notice under this subsection shall state that a copy of the development plan as varied is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).
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(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation to the Minister, the Board and, where appropriate, to the prescribed authorities, any adjoining planning authorities, any town commissioners and city and county development boards within its area.
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(9) When considering a variation of a development plan in accordance with this section, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the variation.
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(10) A person shall not question the validity of a variation in a development plan by reason only that the procedures as set out in this section were not completed within the time required.
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(11) A variation made to a development plan shall have effect from the day that the variation is made.
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