Planning and Development Act, 2000
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Making of planning scheme. |
169.—(1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 168 , the planning authority shall, as soon as may be— | |
(a) send notice and copies of the draft scheme to the Minister, the Board and the prescribed authorities, | ||
(b) publish notice of the preparation of the draft scheme in one or more newspapers circulating in its area. | ||
(2) A notice under subsection (1) shall state— | ||
(a) that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 6 weeks (and the copy shall be kept available for inspection accordingly), and | ||
(b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme. | ||
(3) (a) Not longer than 12 weeks after giving notice under subsection (2) the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration. | ||
(b) A report under paragraph (a) shall— | ||
(i) list the persons or bodies who made submissions or observations under this section, | ||
(ii) summarise the issues raised by the persons or bodies in the submissions or observations, | ||
(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. | ||
(4) (a) The members of a planning authority shall consider the draft planning scheme and the report of the manager prepared and submitted in accordance with subsection (3). | ||
(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to— | ||
(i) make, subject to variations and modifications, the draft planning scheme, or | ||
(ii) decides not to make the draft planning scheme. | ||
(c) Where a draft planning scheme is— | ||
(i) deemed, in accordance with paragraph (b), to have been made, or | ||
(ii) made in accordance with paragraph (b)(i), | ||
it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Board under subsection (6). | ||
(5) (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision— | ||
(i) give notice of the decision of the planning authority to the Minister, the Board, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and | ||
(ii) publish notice of the decision in one or more newspapers circulating in its area. | ||
(b) A notice under paragraph (a) shall— | ||
(i) give the date of the decision of the planning authority in respect of the draft planning scheme, | ||
(ii) state the nature of the decision, | ||
(iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly), | ||
(iv) state that any person who made submissions or observation regarding the draft scheme may appeal the decision of the planning authority to the Board within 4 weeks of the date of the planning authority's decision, and | ||
(v) contain such other information as may be prescribed. | ||
(6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Board. | ||
(7) (a) The Board may, following the consideration of an appeal made under this section, approve the making of the planning scheme, with or without modifications or it may refuse to approve it. | ||
(b) Where the Board approves the making of a planning scheme in accordance with paragraph (a), 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 (and a copy shall be kept available for inspection accordingly). | ||
(8) In considering a draft planning scheme under this section a planning authority or the Board, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, the provisions of any special amenity area order or the conservation and preservation of any European Site and, where appropriate— | ||
(a) the effect the scheme would have on any neighbouring land to the land concerned, | ||
(b) the effect the scheme would have on any place which is outside the area of the planning authority, and | ||
(c) any other consideration relating to development outside the area of the planning authority, including any area outside the State. | ||
(9) A planning scheme made under this section shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded. |