Planning and Development Act 2024
| ||
Number 34 of 2024 | ||
PLANNING AND DEVELOPMENT ACT 2024 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
3. Construction of reference to act of institution of European Community or European Union | ||
Concept of Development | ||
13. Licensing of appliances and cables, etc., on public roads | ||
Plans, Policies and Related Matters | ||
Preliminary Matters | ||
National Planning Framework | ||
24. Regard to be had to other matters when carrying out review under section 22 | ||
National Planning Statements | ||
26. Considerations for issuance of National Planning Statement | ||
27. Continuation in force of pre-commencement Ministerial guidelines | ||
Regional Spatial and Economic Strategies | ||
31. Consultation about proposed new or revised regional spatial and economic strategy | ||
32. Preparation or revision of regional spatial and economic strategy: process | ||
33. Material alteration to draft regional spatial and economic strategy or draft revision | ||
35. Implementation and monitoring of regional spatial and economic strategy | ||
37. Expedited amendment of regional spatial and economic strategy | ||
39. Issuance of draft direction by Office of Planning Regulator | ||
41. Continuation in force of pre-commencement regional spatial and economic strategies | ||
Development Plans | ||
44. Obligation to prepare strategy for sustainable development and regeneration | ||
45. Obligation to prepare strategy relating to economic development | ||
49. Obligation to prepare strategy relating to environment and climate change | ||
50. Obligation to prepare strategy for conservation, etc., of natural and built heritage | ||
51. Obligation to prepare objectives for management of areas, uses and structures | ||
53. Consultation with Office of Planning Regulator before preparation of draft development plan | ||
54. Notice of intention to review development plan and preparation of draft development plan | ||
57. Chief executive report on adjustment of housing development strategy and housing strategy | ||
59. Variation affecting settlement-specific objectives in urban area plan or priority area plan | ||
61. Consequences of new or amended National Planning Statement for development plans | ||
64. Issuance of draft direction by Office of Planning Regulator | ||
66. Direction affecting urban area plan, priority area plan or coordinated area plan | ||
67. Urgent direction requiring chief executive to vary development plan | ||
68. Continuation in force of pre-commencement development plan | ||
Urban Area Plans, Priority Area Plans and Coordinated Area Plans | ||
74. Conditions of urban area plans, priority area plans and coordinated area plans | ||
75. Procedure for preparing and making urban area plans and priority area plans | ||
76. Procedure for preparing and making coordinated area plans | ||
79. Issuance of draft direction by Office of Planning Regulator | ||
81. Continuation in force of pre-commencement local area plans | ||
Development Consents | ||
Preliminary and General | ||
Obligations on Planning Authority and Commission | ||
86. Matters to which planning authority and Commission shall have regard | ||
87. Conditions that may be attached to permission granted under Part | ||
Standard Development | ||
89. Pre-application consultation required for certain developments | ||
93. Request for meeting where certain aspects of proposed development not confirmed | ||
102. Persons eligible to appeal decision of planning authority | ||
110. Decision of Commission in relation to development in contravention of certain plans | ||
111. Notification of decision in relation to appeal under this Chapter | ||
Planning Applications Directly to Commission | ||
118. Request for meeting where certain aspects of proposed development not confirmed | ||
121. Report and information to be furnished by appropriate planning authority | ||
127. Reimbursement of Commission by applicant for permission | ||
132. Applications for retrospective consent: direction to cease | ||
133. Refusal of retrospective consent: direction by Commission to take remedial measures | ||
136. Continued application of section 146B of Act of 2000 for certain purposes | ||
137. Opinion under section 287 of Act of 2000 deemed to be Chapter 4 PAC notification | ||
Alteration, Extension and Revocation of Permission | ||
144. Procedural powers of planning authority in relation to material alteration request | ||
145. Procedural powers of Commission in relation to material alteration request | ||
147. Time limits for deciding material alteration request where deciding authority is Commission | ||
148. Material contravention of development plan or National Marine Planning Framework | ||
149. Revocation or modification of permission by planning authority | ||
Local Authority Development and State Authority Development | ||
162. Continued operation of Parts X and XAB of Act of 2000 for certain purposes | ||
163. Continued operation of section 181 of Act of 2000 for certain purposes | ||
164. Continued operation of sections 181A and 181B of Act of 2000 for certain purposes | ||
165. Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes | ||
166. Continued operation of sections 182C and 182D of Act of 2000 for certain purposes | ||
Miscellaneous | ||
171. Permission in breach of agreement with planning authority | ||
172. Withdrawal or invalidity of planning applications and appeals | ||
173. Refusal of planning permission for past failures to comply | ||
174. Effect of judicial review of Maritime Area Consent on application or appeal under Part | ||
175. Effect of revocation of Maritime Area Consent on application under Part | ||
176. Effect of appeal to Commission under Chapter 3 on making application under Part | ||
180. Suspension of running of duration of permission during judicial review proceedings | ||
184. Disclosure of details of certain internal arrangements of proposed State authority development | ||
185. Continued application of section 45 of Act of 2000 for certain purposes | ||
188. Status of permission, consent, approval granted under Act of 2000 | ||
Developments at Dublin Airport | ||
192. Supplementary provisions relating to operating restriction included in planning permission | ||
Environmental Assessments | ||
Preliminary and General | ||
Appropriate Assessment of Plans | ||
201. Prohibition on making of plans except in certain circumstances | ||
202. Obligation to carry out screening for appropriate assessment of plans | ||
206. Imperative reasons of overriding public interest (no priority habitat or priority species) | ||
207. Imperative reasons of overriding public interest (priority habitat or priority species) | ||
Appropriate Assessment of Development and Proposed Development | ||
211. Prohibition on grant of permission except in certain circumstances | ||
212. Screening for appropriate assessment of relevant development | ||
219. Imperative reasons of overriding public interest (no priority habitat or priority species) | ||
221. Imperative reasons of overriding public interest (priority habitat or priority species) | ||
Environmental Assessment of Development | ||
226. Prohibition on grant of permission except in certain circumstances | ||
227. Exemption from requirement for assessment by Commission | ||
229. Screening for environmental impact assessment of relevant development | ||
234. Preparation and submission of environmental impact assessment report | ||
236. Environmental impact assessment of relevant development | ||
239. Joint environmental assessment of relevant development by competent authority | ||
240. Coordination of environmental impact assessments under different enactments | ||
Housing Strategy and Supply | ||
Housing Strategy | ||
243. Development plans for which housing strategy has already been made | ||
Housing Supply | ||
248. Applicant to specify manner of proposed compliance with condition under section 246 | ||
254. Certification of development to which this Chapter does not apply | ||
Miscellaneous Powers of Planning Authorities | ||
Control of Development | ||
257. Agreements restricting or regulating development or use of land | ||
258. Notice requiring discontinuance of works or use or removal or alteration of structure | ||
Public Components of Certain Developments | ||
261. Taking in charge of public components of developments by planning authority | ||
262. Taking in charge of certain public components of developments by Uisce Éireann | ||
263. Continued application of section 180 of Act of 2000 for certain purposes | ||
264. Acquisition by planning authority of public components of certain developments | ||
265. Supplementary provisions relating to sections 261, 262 and 264 | ||
Amenities | ||
270. Supplemental provisions with respect to public rights of way | ||
273. Orders, notices and appeals under section 207 of Act of 2000 | ||
Miscellaneous | ||
274. Repair and tidying of advertisement structures and advertisements | ||
Judicial Review and Decision-Making | ||
Part 9 Judicial Review | ||
288. Amendments of decisions or documents subject to Part 9 judicial review | ||
290. Provisions generally applicable to Part 9 judicial review | ||
Costs Relating to Certain Proceedings | ||
294. Regulation of costs payable in respect of prescribed matters | ||
295. Environmental legal costs financial assistance mechanism | ||
297. Application in respect of certain payments relevant to Aarhus Convention proceedings | ||
298. Application for determination of application of Chapter to proceedings | ||
299. Further provisions relevant to environmental legal costs financial assistance mechanism | ||
301. Amendment of Environment (Miscellaneous Provisions) Act 2011 | ||
302. Provision for certain legal costs in relation to environmental matters | ||
Transitional Arrangement and Saver | ||
303. Continued application of sections 50, 50A and 50B of Act of 2000 for limited period | ||
Architectural Heritage | ||
Protected Structures | ||
307. Additions to and deletions from record of protected structures | ||
308. Recommendations to planning authorities concerning specific structures | ||
309. Procedure for making additions, deletions and amendments to record of protected structures | ||
311. Duty of owners and occupiers to protect structures from endangerment | ||
317. Offence relating to endangerment of protected structures or proposed protected structures | ||
318. Owners’ powers in relation to notices concerning endangerment or restoration of structures | ||
321. Application to court for contribution to cost of carrying out works | ||
322. Permission not required for any development required under this Chapter | ||
324. Recovery by planning authority of expenses for carrying out works on endangered structures | ||
326. Use of protected structure acquired by planning authority | ||
328. Grants to planning authorities in respect of functions under this Part | ||
Architectural Conservation Areas and Areas of Special Planning Control | ||
332. Recommendations to planning authorities concerning architectural conservation areas | ||
333. Declaration on works affecting character of architectural conservation areas | ||
337. Modification, revocation and extension of special planning control scheme | ||
338. Declaration on development affecting area of special planning control | ||
339. Notice relating to structures or other land in area of special planning control | ||
341. Court may compel compliance with notice under section 339 | ||
342. Offence to fail to comply with notice under section 339 | ||
343. Permission not required for any development required under this Chapter | ||
Enforcement | ||
351. Planning injunctions in relation to unauthorised development | ||
Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures | ||
Definitions | ||
Procedures in Relation to Appeals, Applications, Referrals or Requests to Commission | ||
362. Notification of making of appeals, applications, referrals or requests | ||
363. Submission of documents to Commission by planning authorities | ||
367. Power of Commission to require documents or information | ||
368. Powers of Commission where notice is given under section 366 or 367 | ||
369. Power to hold oral hearings of appeals, applications, referrals or requests | ||
374. Dismissal of appeals, applications, referrals or requests by Commission | ||
375. Withdrawal and invalidity of appeals, applications, referrals or requests | ||
377. Regulations regarding appeals, applications, referrals or requests | ||
380. Commission to have regard to certain policies and objectives | ||
Planning Register and Records | ||
383. Documents to be made available by planning authority and Maritime Area Regulatory Authority | ||
Miscellaneous Powers and Procedures | ||
394. Power of authorised person to enter land, maritime site or structure | ||
395. Powers of entry and to seek information in relation to enforcement | ||
403. Government order for disregard of time limits in certain circumstances | ||
Appropriation, Disposal and Development of Land | ||
Compulsory Acquisition and Purchase of Land and Maritime Sites | ||
Definitions | ||
Compulsory Acquisition and Purchase of Land | ||
411. Confirmation of compulsory purchase order where there are no objections | ||
412. Certain time limits in respect of compulsory purchase of land, etc. | ||
414. Paragraph (b) of subsection (1) of section 410: supplemental provisions | ||
415. Commission’s powers to make decisions on section 410 functions | ||
416. Oral hearings in relation to compulsory acquisition of land | ||
419. Objective of Commission in relation to section 410 functions | ||
420. References to section 410 functions in regulations, etc. | ||
Compulsory Acquisition and Purchase of Maritime Sites | ||
424. Confirmation of compulsory purchase order where there are no objections | ||
425. Certain time limits in respect of compulsory purchase of maritime site, etc. | ||
427. Paragraph (b) of subsection (1) of section 423: supplemental provisions | ||
428. Commission’s powers to make decisions on section 423 functions | ||
429. Oral hearings in relation to compulsory acquisition of maritime site | ||
432. Objective of Commission in relation to section 423 functions | ||
433. References to section 423 functions in regulations, etc. | ||
Compensation - Land (Chapters 1 to 3) and Maritime Sites (Chapters 4 to 7) | ||
Compensation for Refusal of Permission or Grant of Permission Subject to Conditions - Land | ||
Compensation on Other Grounds - Land | ||
440. Compensation regarding removal or alteration of structure on land | ||
442. Compensation regarding area of special planning control | ||
444. Compensation regarding creation of public rights of way | ||
General Provisions Applicable to Claims under Chapters 1 and 2 - Land | ||
452. Recovery by planning authority of compensation subsequent to development | ||
Definitions - Maritime Area | ||
Compensation for Refusal of Permission or Grant of Permission Subject to Conditions - Maritime Area | ||
Compensation on Other Grounds - Maritime Area | ||
463. Compensation regarding removal or alteration of structure on maritime site | ||
464. Compensation regarding discontinuance of use of maritime site | ||
466. Compensation regarding creation of public rights of way | ||
General Provisions Applicable to Claims under Chapters 5 and 6 - Maritime Area | ||
474. Recovery by planning authority of compensation subsequent to development | ||
Events and Funfairs | ||
An Coimisiún Pleanála | ||
Definitions | ||
An Coimisiún Pleanála | ||
Governing Board and Chief Executive Officer of Commission | ||
498. Appointment and terms and conditions of members of Governing Board | ||
503. Approval by Governing Board of decision-making procedures | ||
Planning Commissioners | ||
506. Appointment of Chief Planning Commissioner and Deputy Chief Planning Commissioner | ||
508. Recommendation of candidates for appointment to be Planning Commissioners | ||
509. Temporary appointment of Planning Commissioners by Minister | ||
515. Regulations in relation to procedures of Planning Commissioners | ||
Organisational Matters | ||
519. Accountability of chief executive officer to Committee of Public Accounts | ||
520. Accountability of chief executive officer to other Oireachtas committees | ||
529. Effect of repeal of section 120 of Act of 2000 on existing employees | ||
530. Provision of services and resources by Minister to Commission or by Commission to Minister | ||
531. Membership of either House of Oireachtas, European Parliament or local authority | ||
532. Continued application of section 110 of Act of 2000 for certain purposes | ||
535. Continued application of Chapter III of Part VI of Act of 2000 for certain purposes | ||
Office of Planning Regulator | ||
Definitions | ||
Office and Functions | ||
543. Appointment and terms and conditions of members of Advisory Board | ||
Review of Performance of Functions of Planning Authorities, Regional Assemblies and Commission | ||
551. Preliminary examination or review by Office of performance of functions | ||
552. Supplementary provisions in relation to conduct of preliminary examination or review | ||
553. Procedures in relation to draft report and final report of review | ||
556. Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes | ||
Staffing and Administration of Office | ||
560. Membership of either House of Oireachtas, European Parliament or local authority | ||
561. Prohibition on disclosure of information relating to functions of Office | ||
562. Liability of Planning Regulator or member of staff for acts and omissions | ||
567. Reciprocal provision of services and resources by Minister and Office | ||
Further Provisions Relating to Planning Bodies | ||
573. Prohibition on disclosure of information relating to functions of Commission | ||
575. Prohibition on certain communications concerning Commission and planning authorities | ||
577. Appointment of commissioner to perform functions of planning authority | ||
Financial and Miscellaneous Provisions | ||
581. Apportionment of joint expenses of planning authorities | ||
587. Prohibition on requesting payment in consideration of not opposing development | ||
588. Mandatory declaration by certain participants in planning process | ||
Strategic Development Zones | ||
594. Application for development in strategic development zone | ||
Urban Development Zones | ||
Preliminary and General | ||
Suitable Sites | ||
599. Minister may require planning authority to identify suitable sites | ||
600. Information to be provided to Minister in relation to suitable sites | ||
Candidate UDZs and Planning Framework | ||
601. Minister may make recommendation in relation to potential candidate UDZ | ||
605. Variation of development plan to designate sites and include planning framework | ||
Development Scheme | ||
608. Draft development scheme which includes residential development | ||
Appeal of Development Scheme | ||
616. Approval on appeal with modification not likely to have significant effect on environment | ||
617. Approval on appeal with modification likely to have significant effect on environment | ||
618. Time for determination of appeal against decision under section 609 | ||
619. Oral hearing in relation to appeal against decision under section 609 | ||
Designation of Urban Development Zones | ||
Additional Transitional and Related Provisions | ||
624. Application of sections 26 and 27 of Interpretation Act 2005 | ||
626. Continued application of Act of 2000 for certain purposes | ||
627. Continuance in operation of statutory instruments made under Act of 2000 | ||
628. Continued application of Part VIII of Act of 2000 for certain purposes | ||
Consequential Amendments | ||
632. Amendment of statutory instruments consequent on repeal of Act of 2000 | ||
633. References to chief executive as regards Limerick City and County Council | ||
Rent Pressure Zones | ||
635. Amendment of Residential Tenancies (Amendment) Act 2019 | ||
Owners’ Management Companies and Acquisition of Certain Nama Assets | ||
Strategic Infrastructure Development | ||
Classes of Development Specified for Purposes of Chapter 4 of Part 4 | ||
Development in Respect of Which no Compensation for Refusal of Permission, etc. | ||
Land | ||
Maritime Area | ||
Reasons for Refusal of Permission that Excludes Compensation | ||
Land | ||
Maritime Area | ||
Conditions to which Grant of Permission may be Subject Without Entitlement to Compensation | ||
Land | ||
Maritime Area | ||
Rules for Determination of Amount of Compensation | ||
Land | ||
Maritime Area | ||
Amendment of Acts of the Oireachtas | ||
|
Acts Referred to | ||
Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57) | ||
Affordable Housing Act 2021 (No. 25) | ||
Aircraft Noise (Dublin Airport) Regulation Act 2019 (No. 12) | ||
Arterial Drainage Act 1945 (No. 3) | ||
Circular Economy and Miscellaneous Provisions Act 2022 (No. 26) | ||
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) | ||
Civil Registration Act 2004 (No. 3) | ||
Civil Service Regulation Act 1956 (No. 46) | ||
Communications Regulation Act 2002 (No. 20) | ||
Companies Act 2014 (No. 38) | ||
Comptroller and Auditor General (Amendment) Act 1993 (No. 8) | ||
Courts Service Act 1998 (No. 8) | ||
Criminal Justice Act 2006 (No. 26) | ||
Derelict Sites Act 1990 (No. 14) | ||
Development (Emergency Electricity Generation) Act 2022 (No. 35) | ||
Disability Act 2005 (No. 14) | ||
Dublin Docklands Development Authority (Dissolution) Act 2015 (No. 55) | ||
Dublin Transport Authority Act 2008 (No. 15) | ||
Electricity Regulation Act 1999 (No. 23) | ||
Ethics in Public Office Act 1995 (No. 22) | ||
European Communities Act 1972 (No. 27) | ||
European Communities Act 2007 (No. 18) | ||
Fire Services Act 1981 (No. 30) | ||
Foreshore Act 1933 (No. 12) | ||
Forestry Act 2014 (No. 31) | ||
Freedom of Information Act 2014 (No. 30) | ||
Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 (No. 19) | ||
Gaeltacht Act 2012 (No. 34) | ||
Gas (Amendment) Act 2000 (No. 26) | ||
Gas (Interim) (Regulation) Act 2002 (No. 10) | ||
Gas Act 1976 (No. 30) | ||
Greyhound Racing Act 2019 (No. 15) | ||
Harbours Act 1996 (No. 11) | ||
Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26) | ||
Housing (Regulation of Approved Housing Bodies) Act 2019 (No. 47) | ||
Housing Act 1966 (No. 21) | ||
Housing Acts 1966 to 2002 | ||
Housing Acts 1966 to 2009 | ||
Housing Acts 1966 to 2014 | ||
Housing Acts 1966 to 2021 | ||
Industrial and Provident Societies Acts 1893 to 2021 | ||
Industrial Development Act 1986 (No. 9) | ||
Inland Fisheries Act 2010 (No. 10) | ||
Institutional Burials Act 2022 (No. 18) | ||
Interpretation Act 2005 (No. 23) | ||
Land Development Agency Act 2021 (No. 26) | ||
Landlord and Tenant Acts 1967 to 2019 | ||
Lands Clauses Consolidation Act 1845 (8 & 9 Vict. c. 18) | ||
Legal Services Regulation Act 2015 (No. 65) | ||
Licensing of Indoor Events Act 2003 (No. 15) | ||
Limited Partnerships Act 1907 (7 Edw. 7, c. 24) | ||
Litter Pollution Act 1997 (No. 12) | ||
Local Government (Ireland) Act 1898 (61 & 62 Vict. c. 37) | ||
Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (No. 7) | ||
Local Government (No. 2) Act 1960 (No. 40) | ||
Local Government (Planning and Development) Act 1963 (No. 28) | ||
Local Government (Planning and Development) Act 1990 (No. 11) | ||
Local Government Act 1925 (No. 5) | ||
Local Government Act 1991 (No. 11) | ||
Local Government Act 2001 (No. 37) | ||
Local Government Act 2019 (No. 1) | ||
Local Government Acts 1941, 1946, 1955 and 1991 | ||
Local Government Reform Act 2014 (No. 1) | ||
Maritime Area Planning Act 2021 (No. 50) | ||
Minerals Development Act 1940 (No. 31) | ||
Minerals Development Act 2017 (No. 23) | ||
Ministers and Secretaries (Amendment) (No. 2) Act 1977 (No. 28) | ||
Multi-Unit Developments Act 2011 (No. 2) | ||
National Monuments Act 1930 (No. 2) | ||
National Monuments Acts 1930 to 2014 | ||
Partnership Act 1890 (53 & 54 Vict., c. 39) | ||
Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93) | ||
Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17) | ||
Planning and Development (Strategic Infrastructure) Act 2006 (No. 27) | ||
Planning and Development Act 2000 (No. 30) | ||
Planning and Development Acts 2000 to 2002 | ||
Planning and Development Acts 2000 to 2006 | ||
Planning and Development Acts 2000 to 2007 | ||
Planning and Development Acts 2000 to 2009 | ||
Planning and Development Acts 2000 to 2013 | ||
Planning and Development Acts 2000 to 2014 | ||
Planning and Development Acts 2000 to 2016 | ||
Planning and Development Acts 2000 to 2018 | ||
Planning and Development Acts 2000 to 2021 | ||
Planning and Development Acts 2000 to 2023 | ||
Planning and Development and Foreshore (Amendment) Act 2022 (No. 47) | ||
Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (No. 11) | ||
Planning and Development, Maritime and Valuation (Amendment) Act 2022 (No. 29) | ||
Probation of Offenders Act 1907 (7 Edw. 7, c. 17) | ||
Property Values (Arbitrations and Appeals) Act 1960 (No. 45) | ||
Public Health (Ireland) Act 1878 (41 & 42 Vict., c. 52) | ||
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) | ||
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) | ||
Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7) | ||
Public Transport Regulation Act 2009 (No. 37) | ||
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28) | ||
Railway Safety Act 2005 (No. 31) | ||
Regional Technical Colleges Act 1992 (No. 16) | ||
Regulation of Lobbying Act 2015 (No. 5) | ||
Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (No. 15) | ||
Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (No. 28) | ||
Residential Tenancies Act 2004 (No. 27) | ||
Residential Tenancies Acts 2004 to 2024 | ||
Road Traffic Act 1961 (No. 24) | ||
Road Traffic Act 1994 (No. 7) | ||
Roads Act 1993 (No. 14) | ||
Roads Act 2007 (No. 34) | ||
Roads Acts 1993 and 1998 | ||
State Property Act 1954 (No. 25) | ||
Statistics Act 1993 (No. 21) | ||
Statutory Declarations Act 1938 (No. 37) | ||
Urban Renewal Act 1986 (No. 19) | ||
Urban Renewal Act 1998 (No. 27) | ||
Waste Management Act 1996 (No. 10) | ||
Water Environment (Abstractions and Associated Impoundments) Act 2022 (No. 48) | ||
Water Services (No. 2) Act 2013 (No. 50) | ||
Water Services Act 2007 (No. 30) | ||
Water Services Act 2013 (No. 6) | ||
Water Supplies Act 1942 (No. 1) | ||
Wildlife (Amendment) Act 2000 (No. 38) | ||
| ||
Number 34 of 2024 | ||
PLANNING AND DEVELOPMENT ACT 2024 | ||
| ||
An Act to consolidate and revise the law relating to planning and development; to provide for proper planning and sustainable development in the interests of the common good; to provide for the licensing of events and control of funfairs; for those purposes to repeal and replace the Planning and Development Act 2000 and amend certain other enactments; for purposes unrelated to the foregoing, to amend the Residential Tenancies Act 2004 , the Residential Tenancies (Amendment) Act 2019 , the Land Development Agency Act 2021 and the National Asset Management Agency Act 2009 ; ao provide for matters connected therewith. | ||
[17th October, 2024] | ||
Be it enacted by the Oireachtas as follows: | ||
|
PART 1 Preliminary and General | ||
|
Short title and commencement | ||
|
1. (1) This Act may be cited as the Planning and Development Act 2024. | ||
(2) Part 25 shall be included in the collective citation the Residential Tenancies Acts 2004 to 2024. | ||
(3) This Act shall, subject to subsection (4), come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed— | ||
(a) for different purposes or provisions, | ||
(b) for the repeal of different provisions of the Act of 2000 effected by section 6 , and | ||
(c) for the amendment of different provisions (including the amendment of different provisions for different purposes) of the enactments specified in Schedule 7 effected by section 631 . | ||
(4) Part 25 shall come into operation on the day immediately following the passing of this Act. | ||
|
Definitions | ||
|
2. In this Act— | ||
“abstraction” has the meaning assigned to it by the Water Environment (Abstractions and Associated Impoundments) Act 2022 ; | ||
“abstraction licence” means a licence under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022 ; | ||
“acquisition of a maritime site” has the meaning assigned to it by section 422 ; | ||
“acquisition of land” has the meaning assigned to it by section 409 and includes, in sections 264 , 591 and 622 , and paragraph (a) of the definition of “public infrastructure and facilities” in subsection (1) of section 584 , an acquisition of a maritime site (and, accordingly, references to “land” in sections 264 , 591 and 622 , and that paragraph (a), shall include references to “maritime site”); | ||
“Act of 1933” means the Foreshore Act 1933 ; | ||
“Act of 1963” means the Local Government (Planning and Development) Act 1963 ; | ||
“Act of 1972” means the European Communities Act 1972 ; | ||
“Act of 1990” means the Local Government (Planning and Development) Act 1990 ; | ||
“Act of 2000” means the Planning and Development Act 2000 ; | ||
“Act of 2001” means the Local Government Act 2001 ; | ||
“Act of 2021” means the Maritime Area Planning Act 2021 ; | ||
“advertisement” means— | ||
(a) any word or letter, | ||
(b) any balloon, inflatable structure or kite, or | ||
(c) any model, poster, notice, device or representation, | ||
employed for the purpose of advertising, the making of an announcement or the giving of direction; | ||
“advertisement structure” means— | ||
(a) any structure that is— | ||
(i) a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not), and | ||
(ii) used or intended for use for exhibiting advertisements, | ||
or | ||
(b) any attachment to a building or structure used for advertising purposes; | ||
“agriculture” includes— | ||
(a) horticulture, | ||
(b) fruit growing, | ||
(c) seed growing, | ||
(d) dairy farming, | ||
(e) the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), | ||
(f) the training of horses, | ||
(g) the rearing of bloodstock, and | ||
(h) the use of land— | ||
(i) as grazing land, meadow land or osier land, | ||
(ii) for market gardening, or | ||
(iii) as nursery grounds; | ||
“alteration” includes, in relation to a structure— | ||
(a) plastering or painting, | ||
(b) the removal of plaster or stucco, and | ||
(c) the replacement of a door, window or roof, | ||
that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures; | ||
“appropriate assessment” means— | ||
(a) in relation to a plan, an assessment carried out in accordance with section 205 , and | ||
(b) in relation to development or proposed development, an assessment carried out in accordance with section 217 ; | ||
“approved housing body” has the meaning assigned to it by the Housing (Regulation of Approved Housing Bodies) Act 2019 ; | ||
“approved local newspaper” means, in relation to the functional area of a planning authority— | ||
(a) a publication (other than an online publication or online version of a publication) that— | ||
(i) circulates in the functional area of the planning authority, and | ||
(ii) is approved in a prescribed manner by the planning authority for the purposes of this Act, | ||
or | ||
(b) an online publication, or online version of a publication, approved in a prescribed manner by the planning authority for the purposes of this Act; | ||
“architectural conservation area” means— | ||
(a) a place, area, group of structures or townscape to which an objective referred to in section 331 applies, or | ||
(b) an architectural conservation area (within the meaning of the Act of 2000) to which an objective in a development plan under the Act of 2000, that continues in force by virtue of section 68 , applies; | ||
“area of special planning control” means— | ||
(a) an architectural conservation area, or | ||
(b) a part of an architectural conservation area, | ||
to which a special planning control scheme applies; | ||
“attendant grounds” includes, in relation to a structure, land outside the curtilage of the structure; | ||
“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20091 on the conservation of wild birds; | ||
“chief executive” means, subject to section 633 , in relation to a local authority (including a local authority when performing the functions of a planning authority), the chief executive appointed under Chapter 2 of Part 14 (inserted by section 54 of the Local Government Reform Act 2014 ) of the Act of 2001; | ||
“Chief Planning Commissioner” means the Chief Planning Commissioner of the Commission appointed under section 506 or 509 ; | ||
“city” means— | ||
(a) the administrative area of a city council (within the meaning of the Act of 2001), or | ||
(b) a municipal district that includes an area that, by virtue of subsection (6) of section 10 of the Local Government Act 2001 , may continue to be described as a city; | ||
“climate change adaptation and mitigation” means the taking of measures to mitigate and manage the impact of climate change; | ||
“coastal planning authority” has the meaning assigned to it by the Act of 2021; | ||
“Commission” means An Coimisiún Pleanála; | ||
“Commissioners” means the Commissioners of Public Works in Ireland; | ||
“company” has the meaning assigned to it by the Companies Act 2014 ; | ||
“coordinated area plan” has the meaning assigned to it by section 73 ; | ||
“cost rental housing” means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021 ; | ||
“Deputy Chief Planning Commissioner” means— | ||
(a) the person who, by virtue of subsection (5) of section 495 , continues in office for the time being as Deputy Chief Planning Commissioner of the Commission on and after the commencement of section 495 , or | ||
(b) the Deputy Chief Planning Commissioner of the Commission appointed under section 506 or 509 , | ||
as the case may be; | ||
“development” means— | ||
(a) the carrying out of works— | ||
(i) on, in, over or under land, or | ||
(ii) on, in, over or under the maritime area, | ||
or | ||
(b) the making of a material change in the use of— | ||
(i) land or any structure on land, or | ||
(ii) the sea, seabed or any structure, in the maritime area, | ||
and includes the reclamation of land in the nearshore area; | ||
“development plan” shall be construed in accordance with Chapter 5 of Part 3 ; | ||
“development scheme” means a development scheme made or deemed to have been made under section 609 ; | ||
“electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed— | ||
(a) by electronic means (including electrical, digital, magnetic, optical electro magnetic, biometric and photonic means), or | ||
(b) by means of any other related technology, | ||
and is capable of being used to make a legible copy or reproduction of that information, but does not include information communicated in the form of speech; | ||
“enactment” means— | ||
(a) an Act of the Oireachtas (or any provision thereof) for the time being in force, | ||
(b) a statute (or any provision thereof) that continues to have full force and effect by virtue of Article 50 of the Constitution, or | ||
(c) an order, regulation, rule or bye-law (or any provision thereof)— | ||
(i) for the time being in force, and | ||
(ii) made under an Act of the Oireachtas or any such statute; | ||
“environmental impact assessment” means an assessment carried out in accordance with section 236 ; | ||
“Environmental Impact Assessment Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20112 on the assessment of the effects of certain public and private projects on the environment; | ||
“environmental impact assessment report” means an environmental impact assessment report prepared and submitted under section 234 ; | ||
“environmental report” means an environmental report prepared in accordance with Article 5 of the Strategic Environmental Assessment Directive; | ||
“European site” means— | ||
(a) a site that has been included in the list of sites of Community importance, as adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive, | ||
(b) a site— | ||
(i) in respect of which the Minister has given notice under regulations under the Act of 1972 of its possible eligibility for identification as a site of Community importance pursuant to paragraph 1 of Article 4 of the Habitats Directive, and | ||
(ii) that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive, | ||
(c) a site that has been— | ||
(i) included in a list transmitted to the European Commission in accordance with paragraph 1 of Article 4 of the Habitats Directive, or | ||
(ii) added to that list in accordance with Article 5 of the Habitats Directive, | ||
but that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive, | ||
(d) a site that is subject to a consultation procedure in accordance with paragraph 1 of Article 5 of the Habitats Directive, | ||
(e) a site in relation to which a Council decision is pending in accordance with paragraph 3 of Article 5 of the Habitats Directive, | ||
(f) a site that has been designated by the Minister as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive, | ||
(g) an area classified by the Minister for the purposes of paragraph 1 or 2 of Article 4 of the Birds Directive as a special protection area, or | ||
(h) an area in respect of which the Minister has given notice pursuant to regulations under the Act of 1972 of his or her opinion that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive where there has been no public notification of the making of a decision by that Minister to classify or not to classify that area as a special protection area; | ||
“European Union” has the meaning assigned to it by the Act of 1972; | ||
“exempted development” means— | ||
(a) development of a class prescribed under section 9 , or | ||
(b) development that is exempted development by virtue of section 152 ; | ||
“exhibit” includes, in relation to an advertisement— | ||
(a) affix, | ||
(b) inscribe, | ||
(c) print, | ||
(d) paint, | ||
(e) illuminate, and | ||
(f) otherwise delineate; | ||
“fence” includes a hoarding or similar structure but does not include a bank, wall or other similar structure composed wholly or mainly of earth or stone; | ||
“foreshore” has the meaning assigned to it by the Act of 1933; | ||
“functional area” means (except in Part 3 )— | ||
(a) in relation to a planning authority (other than a coastal planning authority), its administrative area for the purposes of the Act of 2001, and | ||
(b) in relation to a planning authority that is a coastal planning authority, its administrative area for the purposes of the Act of 2001 and its nearshore area; | ||
“Gaeltacht” means— | ||
(a) a Gaeltacht area within the meaning of the Gaeltacht Act 2012 , or | ||
(b) a Gaeltacht Language Planning Area within such meaning; | ||
“Governing Board” has the meaning assigned to it by section 497 ; | ||
“habitable house” means— | ||
(a) a house that is used as a dwelling, | ||
(b) a house (other than a house that is, or forms part of, a derelict site within the meaning of the Derelict Sites Act 1990 ) that is not in use but was most recently used (disregarding any unauthorised use) as a dwelling, or | ||
(c) a house that was provided for use as a dwelling but has not been occupied as a dwelling; | ||
“Habitats Directive” means Council Directive 92/43/EEC of 21 May 19923 on the conservation of natural habitats and of wild fauna and flora; | ||
“house” means a building or part of a building that— | ||
(a) is, or was most recently, occupied as a dwelling, | ||
(b) was most recently provided for use as a dwelling but has not been occupied as a dwelling, or | ||
(c) in the case of a building or part of a building containing more than one apartment, flat or other dwelling, each such apartment, flat or dwelling; | ||
“housing development strategy” means a strategy prepared under section 46 or 47 and included in a development plan in accordance with paragraph (b) of subsection (1) of section 43 ; | ||
“housing strategy” means a strategy prepared under section 242 ; | ||
“industrial emissions licence” means a licence under Part IV of the Environmental Protection Agency Act 1992 for the carrying on of an industrial emissions directive activity (within the meaning of that Act); | ||
“integrated pollution control licence” means a licence (other than an industrial emissions licence) under Part IV of the Environmental Protection Agency Act 1992 ; | ||
“land” includes any structure and any land covered with water, but does not include the maritime area (other than reclaimed land) or any part of the maritime area (other than a part of the maritime area that is reclaimed land); | ||
“land-based development” means— | ||
(a) the carrying out of works on, in, over or under land, or | ||
(b) the making of a material change in the use of land or any structure on land; | ||
“landscape” has the meaning assigned to it by the European Landscape Convention done at Florence on 20 October 2000; | ||
“local authority” has the meaning assigned to it by the Act of 2001; | ||
“major accident” has the meaning assigned to it by the Seveso III Directive; | ||
“major accident establishment” means— | ||
(a) an existing establishment within the meaning of the Seveso III Directive, or | ||
(b) a new establishment within the meaning of the Seveso III Directive; | ||
“maritime area” has the meaning assigned to it by the Act of 2021; | ||
“maritime area consent” has the meaning assigned to it by the Act of 2021; | ||
“Maritime Area Regulatory Authority” has the meaning assigned to it by the Act of 2021; | ||
“maritime development” means— | ||
(a) the carrying out of any works on, in, over or under the maritime area, or | ||
(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area, | ||
and includes the reclamation of any land in the nearshore area; | ||
“maritime site” means a part of the maritime area, and includes— | ||
(a) the waters of that part of the maritime area, | ||
(b) the seabed in that part of the maritime area, and | ||
(c) all substrata beneath the seabed in that part of the maritime area; | ||
“maritime spatial plan” has the meaning assigned to it by the Act of 2021; | ||
“maritime spatial planning” means— | ||
(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 20144 establishing a framework for maritime spatial planning, and | ||
(b) land-sea interactions within the meaning of that Directive; | ||
“mine” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals; | ||
“minerals” includes stone, slate, clay, gravel, sand and other natural deposits but does not include peat; | ||
“Minister” means the Minister for Housing, Local Government and Heritage; | ||
“mortgage loan” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house; | ||
“municipal district” has the meaning assigned to it by section 22A (inserted by the Local Government Reform Act 2014 ) of the Local Government Act 2001 ; | ||
“national climate objective” has the meaning assigned to it by the Climate Action and Low Carbon Development Act 2015 ; | ||
“National Marine Planning Framework” has the meaning assigned to it by the Act of 2021; | ||
“national newspaper” means— | ||
(a) a publication (other than an online publication or online version of a publication) that— | ||
(i) circulates generally in the State, and | ||
(ii) is prescribed by the Minister for the purposes of this Act, | ||
or | ||
(b) an online publication, or online version of a publication, prescribed by the Minister for the purposes of this Act; | ||
“National Planning Framework” means the National Planning Framework (including the first National Planning Framework in accordance with paragraph (b) of subsection (6) of section 21 ) for the time being in force under section 21 ; | ||
“National Planning Policies and Measures” has the meaning assigned to it by paragraph (a) of subsection (1) of section 25, and includes any specific planning policy requirements referred to in subsection (1C) of section 28 of the Act of 2000 for the time being in force by virtue of subsection (1) of section 27 ; | ||
“National Planning Policy Guidance” has the meaning assigned to it by paragraph (b) of subsection (1) of section 25 ; | ||
“National Planning Statement” has the meaning assigned to it by subsection (1) of section 25 ; | ||
“Natura 2000 network” shall be construed in accordance with paragraph 1 of Article 3 of the Habitats Directive; | ||
“Natura impact report” means a report prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a plan, whether on its own or in combination with other plans or projects, for any European site on which the plan may have significant effects, having regard to the conservation objectives in relation to that site; | ||
“Natura impact statement” means a statement prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a project, whether on its own or in combination with other plans or projects, for any European site on which the project may have significant effects, having regard to the conservation objectives in relation to that site; | ||
“nearshore area” has the meaning assigned to it by the Act of 2021; | ||
“newspaper” means a national newspaper or an approved local newspaper; | ||
“objectives of maritime spatial planning” means— | ||
(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 20145 establishing a framework for maritime spatial planning, to give consideration when establishing and implementing maritime spatial planning, | ||
(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and | ||
(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2; | ||
“occupier” means— | ||
(a) in relation to land, a person who— | ||
(i) is in occupation of the land, | ||
(ii) is entitled to the immediate use, enjoyment or control of the land, or | ||
(iii) is in control of the land, | ||
(b) in relation to a maritime site, a person who is the holder of— | ||
(i) a maritime area consent granted for the occupation of the maritime site, | ||
(ii) a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site, | ||
(iii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of development on, in, over, under or otherwise in relation to, the maritime site, or | ||
(iv) a licence under Part 5 of the Act of 2021 granted for a Schedule 7 usage within the meaning of that Part, | ||
or | ||
(c) in relation to any structure, a person who— | ||
(i) is entitled to the immediate use, enjoyment or control of the structure, or | ||
(ii) is in control of the structure; | ||
“ordinary planning commissioner” means— | ||
(a) a person who, by virtue of subsection (5) of section 495 , continues in office for the time being as an ordinary planning commissioner of the Commission on and after the commencement of section 495 , or | ||
(b) an ordinary planning commissioner of the Commission appointed under section 507 or 509 ; | ||
“outer maritime area” means that part of the maritime area that is not within the nearshore area of any coastal planning authority; | ||
“owner” means— | ||
(a) in relation to land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let, | ||
(b) in relation to any part of the maritime area that does not vest in a Minister of the Government, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of that part or, where that part is not let at a rack rent, would be so entitled if it were so let, and | ||
(c) in relation to any other part of the maritime area, the Minister of the Government in whom that other part vests; | ||
“permission” means— | ||
(a) permission for development under Chapter 3 or 4 of Part 4 , | ||
(c) permission for development for which retrospective consent is required under Chapter 4 of Part 4 , and | ||
(d) an alteration or extension of duration of a permission under Chapter 5 of Part 4 ; | ||
“planning application” means an application for permission; | ||
“planning authority” means a local authority; | ||
“Planning Commissioners” shall be construed in accordance with section 505 ; | ||
“Planning Regulator” means— | ||
(a) the person who, immediately before the repeal of Part IIB of the Act of 2000, was the Planning Regulator, or | ||
(b) where a person stands appointed to be the Planning Regulator under section 540 , that person; | ||
“planning scheme” means a scheme under section 593 ; | ||
“prescribed” means (except in Chapter 2 of Part 9 ) prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly; | ||
“priority area plan” has the meaning assigned to it by section 72 ; | ||
“proposed protected structure” means a structure specified in a notice under— | ||
(a) subsection (4) of section 55 or subsection (2) of section 309 , or | ||
(b) subsection (3) of section 12 or subsection (1) of section 55 of the Act of 2000, | ||
and includes— | ||
(i) the interior of the structure, | ||
(ii) the land lying within the curtilage of the structure, | ||
(iii) any other structures, and their interiors, lying within that curtilage, and | ||
(iv) any feature of the structure that is within the attendant grounds of the structure; | ||
“protected structure” means a structure, or part of a structure, specified in a record of protected structures, and includes— | ||
(a) the interior of the structure, | ||
(b) the land lying within the curtilage of the structure, | ||
(c) any other structure, and their interiors, lying within that curtilage, and | ||
(d) any feature of the structure that— | ||
(i) is within the attendant grounds of the structure, and | ||
(ii) is specified in a record of protected structures; | ||
“protection” includes, in relation to a structure or part of a structure, conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part; | ||
“public body” means— | ||
(a) a public authority within the meaning of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998, or | ||
(b) such other body as may be prescribed; | ||
“public place” means any street, road, seashore or other place to which the public have access whether as of right or by consent and whether subject to a charge or free of charge; | ||
“public road” has the meaning assigned to it by the Roads Act 1993 ; | ||
“record of protected structures” has the meaning assigned to it by section 306 ; | ||
“regional assembly” means a body established in accordance with section 43 of the Local Government Act 1991 ; | ||
“regional spatial and economic strategy” has the meaning assigned to it by section 28 ; | ||
“register” has the meaning assigned to it by section 382 ; | ||
“reserved function” has the meaning assigned to it by the Act of 2001; | ||
“retention permission” means permission for retention of development that, immediately before the grant of such permission, was unauthorised development; | ||
“retrospective consent” means retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required; | ||
“road” has the meaning assigned to it by the Roads Act 1993 ; | ||
“seashore” has the meaning assigned to it by the Act of 1933; | ||
“Seveso III Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 20126 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC; | ||
“share” means share in the share capital of a company, and includes stock; | ||
“special planning control scheme” has the meaning assigned to it by subsection (8) of section 336 ; | ||
“State authority” means, subject to subsection (8) of section 155 — | ||
(a) a Minister of the Government, or | ||
(b) the Commissioners of Public Works in Ireland; | ||
“statutory undertaker” means a person authorised under any enactment to— | ||
(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport, | ||
(b) carry out works for the provision of water, gas, electricity, telecommunications or wastewater services, or cause such works to be carried out, or | ||
(c) provide services connected with, or carry out works for the purposes of, the functions of any public undertaking; | ||
“strategic development zone” means a site or sites to which a planning scheme under section 169 of the Act of 2000 applies; | ||
“strategic environmental assessment” means an environmental assessment carried out in accordance with the Strategic Environmental Assessment Directive and the Strategic Environmental Regulations; | ||
“Strategic Environmental Assessment Directive” means Directive 2001/42/EC of the European Parliament and of the Council of 27 June 20017 on the assessment of the effects of certain plans and programmes on the environment; | ||
“Strategic Environmental Assessment Regulations” means regulations for the time being in force made under any enactment (including section 20 ) giving effect or further effect to the Strategic Environmental Assessment Directive; | ||
“structure” means— | ||
(a) a building, edifice, construction, excavation, or other thing constructed or made on, in or under any land, or a maritime site, or any part thereof, or | ||
(b) the land or maritime site on, in or under which such building, edifice, construction, excavation, other thing or part is situated; | ||
“student accommodation” means a building or part thereof used, or intended to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not used, or intended to be used— | ||
(a) as permanent residential accommodation, or | ||
(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times; | ||
“town” means a municipal district that has a population greater than 2,000; | ||
“Transboundary Convention” means the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991; | ||
“Transboundary Convention state” means a state (other than the State) that is a contracting party to the Transboundary Convention; | ||
“unauthorised development” means, in relation to land or a maritime site— | ||
(a) unauthorised works (including the construction, erection or assembly of an unauthorised structure), or | ||
(b) an unauthorised use; | ||
“unauthorised structure” means a structure on, in, over or under land or a maritime site, other than— | ||
(a) exempted development, | ||
(b) development carried out in accordance with— | ||
(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act, | ||
(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000, | ||
(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or | ||
(iv) a permission granted under Part 4 , | ||
(c) Chapter 6 State authority development within the meaning of Part 4 , | ||
(d) development required by— | ||
(i) a notice under section 339 , | ||
(ii) an order under section 341 , | ||
(iii) an enforcement notice under section 350 , or | ||
(iv) a planning injunction under section 351 , | ||
or | ||
(e) development carried out in accordance with— | ||
(i) a licence under section 13 , or | ||
(ii) a licence under section 254 of the Act of 2000; | ||
“unauthorised use” means, in relation to land or a maritime site, a use that is a material change in use of the land or maritime site, other than— | ||
(a) exempted development, or | ||
(b) development carried out in accordance with— | ||
(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act, | ||
(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000, | ||
(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or | ||
(iv) a permission granted under Part 4 , | ||
(c) Chapter 6 State authority development within the meaning of Part 4 , | ||
(d) development required by— | ||
(i) a notice under section 339 , | ||
(ii) an order under section 341 , | ||
(iii) an enforcement notice under section 350 , or | ||
(iv) a planning injunction under section 351 , | ||
or | ||
(e) development carried out in accordance with— | ||
(i) a licence under section 13 , or | ||
(ii) a licence under section 254 of the Act of 2000; | ||
“unauthorised works” means any works on, in, over or under land or a maritime site, other than— | ||
(a) exempted development, | ||
(b) development carried out in accordance with— | ||
(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act, | ||
(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000, | ||
(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or | ||
(iv) a permission granted under Part 4 , | ||
(c) Chapter 6 State authority development within the meaning of Part 4 , | ||
(d) development required by— | ||
(i) a notice under section 339 , | ||
(ii) an order under section 341 , | ||
(iii) an enforcement notice under section 350 , or | ||
(iv) a planning injunction under section 351 , | ||
or | ||
(e) development carried out in accordance with— | ||
(i) a licence under section 13 , or | ||
(ii) a licence under section 254 of the Act of 2000; | ||
“urban area plan” has the meaning assigned to it by subsection (1) of section 71 ; | ||
“urban development zone” means a site to which an order under section 621 applies; | ||
“use” does not include the carrying out of works; | ||
“warning letter” means a letter served in accordance with section 349 ; | ||
“waste licence” means a waste licence under Part V of the Waste Management Act 1996 ; | ||
“waste water discharge licence” means a licence under the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ); | ||
“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 20008 establishing a framework for Community action in the field of water policy; | ||
“works” includes an act or operation— | ||
(a) of construction, excavation, demolition, extension, alteration, repair or renewal (including in relation to a protected structure, a proposed protected structure or a structure situated in an architectural conservation area), on, in, over or under land or a maritime site, | ||
(b) consisting of the application of plaster, paint, wallpaper, tiles or other material to the surface of a protected structure or proposed protected structure or the removal of plaster, paint, wallpaper, tiles or other material from such surface, and | ||
(c) consisting of the application of plaster, paint, wallpaper, tiles or other material to the exterior of a structure situated in an architectural conservation area or the removal of plaster, paint, wallpaper, tiles or other material from such exterior. | ||
|
Construction of reference to act of institution of European Community or European Union | ||
|
3. (1) For the purposes of this Act, a reference to an act adopted by an institution of the European Community or the European Union is a reference to that act as amended by any other act adopted by an institution of the European Community or European Union that has effect for the time being. | ||
(2) For the purposes of subsection (1), an act adopted by an institution of the European Union amending an act referred to in that subsection does not have effect during the period beginning on the day on which the first-mentioned act was adopted and ending on the day immediately before the day by which the first-mentioned act is required to be transposed by the State. | ||
|
Orders and regulations | ||
|
4. (1) The Minister may by regulations provide for any matter referred to in this Act (other than Chapter 2 of Part 9 ) as prescribed or to be prescribed. | ||
(2) Regulations under this Act (other than Chapter 2 of Part 9 ) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. | ||
(3) The Minister shall, before making regulations under this Act, consult with any State authority in which functions vest that he or she considers are connected with the matters to which the proposed regulations relate. | ||
(4) Where regulations are proposed to be made under— | ||
(a) subsection (6), | ||
(b) subsection (1) of section 9 , or | ||
(c) subsection (2) of section 478 , | ||
a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made unless and until a resolution approving the draft is passed by each such House. | ||
(5) Every order (other than an order under subsection (3) of section 1 ) of the Minister and every regulation (other than a regulation referred to in subsection (4)) of the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
(6) If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may, by regulations, do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act in so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation. | ||
|
Expenses | ||
|
5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas. | ||
|
Repeal | ||
|
6. The Act of 2000 is repealed. | ||
|
PART 2 Concept of Development | ||
|
Material change in use | ||
|
7. For the purposes of this Act, material change in use of land or a maritime site includes— | ||
(a) a change in the use of land or a maritime site, or any structure on land or a maritime site, to, or by the addition of, a use that consists of or includes the exhibition of advertisements, | ||
(b) a change in the use of land or a maritime site to, or by the addition of, a use that consists of or includes the— | ||
(i) placing or keeping of vans, tents or other objects (whether or not moveable and whether or not collapsible) for the purpose of caravanning, camping, habitation or selling goods or services, | ||
(ii) storage of caravans or tents, or | ||
(iii) deposit of vehicles (whether or not usable in accordance with the purpose for which they were constructed or most recently used), old metal, mining or industrial waste, builder’s waste, rubbish or debris, | ||
(c) a change in use of a house or part of a house that was most recently used as a single dwelling to a use as 2 or more dwellings, | ||
(d) a change in use of a house or part of a house situated in a rent pressure zone (within the meaning of section 8 ) to a use for short-term letting (within the meaning of section 8 ) purposes, | ||
(e) in respect of premises used for retail purposes, a change in use from a prescribed retail purpose to another prescribed retail purpose, | ||
(f) in respect of premises used for industrial purposes, a change in use from a prescribed industrial purpose to another prescribed industrial purpose, and | ||
(g) such change of land or a maritime site from one use to another use as may be prescribed. | ||
|
Short-term lettings | ||
|
8. (1) In this section— | ||
“rent pressure zone” means— | ||
(a) any area standing prescribed for the time being under section 24A of the Residential Tenancies Act 2004 , or | ||
(b) an administrative area deemed to be a rent pressure zone under section 24B of that Act; | ||
“short-term letting” means the letting of a house or part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor. | ||
(2) For the purposes of this section, the Minister may make regulations requiring such persons as are specified in the regulations to provide a planning authority with such information as may be so specified and at such intervals as may be so specified in relation to short-term lettings in the functional area of the planning authority. | ||
(3) A person who contravenes a provision of regulations under this section that is described in the regulations as a penal provision shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine. | ||
(4) This section shall not operate to abrogate or amend the law with regard to— | ||
(a) lettings (including short-term lettings) outside a rent pressure zone, or | ||
(b) lettings (other than short-term lettings) in a rent pressure zone. | ||
|
Exempted development | ||
|
9. (1) Subject to subsections (3), (4), (6) and (7) the Minister may by regulations provide that development belonging to any class of development (including development commenced on or after the coming into operation of this section that would, but for the repeal of section 4 of the Act of 2000, be exempted development within the meaning of that Act) prescribed by the regulations is exempted development for the purposes of this Act where— | ||
(a) he or she is of the opinion that, by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development or maritime spatial planning, or | ||
(b) he or she is satisfied that— | ||
(i) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and | ||
(ii) consultation with members of the public in relation to such development or development of such class is, in accordance with any enactment, required before the development may be so authorised or permitted. | ||
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide that— | ||
(a) development of such class as is specified in the regulations, | ||
(b) development of such class as is specified in the regulations situated in such place or area as is so specified, | ||
(c) development of such class as is specified in the regulations that is compliant with such conditions as are so specified, | ||
(d) the change (whether for a definite period or an indefinite period) in use of land or a maritime site, or any structure on land or a maritime site, of such class as is specified in the regulations to such use as is so specified, or | ||
(e) development of such class as is specified in the regulations carried out by such person, or persons belonging to such class, as is so specified, | ||
is exempted development for the purposes of this Act. | ||
(3) Development shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required. | ||
(4) Development (other than development that is exempted development by virtue of subsection (1) or (2) of section 152 ) shall not be exempted development for the purposes of this Act if— | ||
(a) in the case of a protected structure or a proposed protected structure, it materially affects or would materially affect the character of— | ||
(i) the structure, or | ||
(ii) any element of the structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, | ||
(b) it is situated, or proposed to be situated, in an area of special planning control and it contravenes or would, if carried out, contravene a special planning control scheme applying to that area, or | ||
(c) in the case of development carried out or proposed to be carried out to the exterior of a structure situated in an architectural conservation area, it materially affects or would, if carried out, materially affect the character of that area. | ||
(5) Development shall not be exempted development for the purposes of this Act if it consists of any works to, or change in use of, an unauthorised development. | ||
(6) Notwithstanding subsection (3), the Minister may make regulations prescribing development or any class of development, in respect of which an appropriate assessment or an environmental impact assessment is required, to be exempted development if— | ||
(a) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment (other than this Act) in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and | ||
(b) in accordance with any such enactment, an appropriate assessment or an environmental impact assessment of that development or development of that class is required to be carried out before the development may be so authorised or permitted. | ||
(7) Where the Minister proposes to make regulations under this section and considers that the proposed regulations are likely to affect the performance by a State authority of its functions, he or she shall, before making the regulations, consult with that State authority in relation to the proposed regulations. | ||
(8) Development carried out or commenced before the commencement of this section that was exempted development for the purposes of the Act of 2000 shall be exempted development for the purposes of this Act. | ||
(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act. | ||
(10) Development to which— | ||
(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or | ||
(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies, | ||
shall be exempted development for the purposes of this Act. | ||
|
Declaration on development, exempted development, etc. | ||
|
10. (1) In this section— | ||
“relevant act or operation” means— | ||
(a) in relation to the making of a request by a person referred to in paragraph (a) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on land owned by that person, | ||
(b) in relation to the making of a request by a person referred to in paragraph (b) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on the maritime site concerned, | ||
(c) in relation to the making of a request by a person referred to in paragraph (c) or (d) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on land by that person with the consent of the owner of the land, | ||
(d) in relation to the making of a request by a person referred to in paragraph (e) or (f) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on the land or maritime site concerned, or | ||
(e) in relation to the making of a request by a statutory undertaker, an act or operation carried out or proposed to be carried out on land or a maritime site by or on behalf of that statutory undertaker; | ||
“relevant change in use” means— | ||
(a) in relation to the making of a request by a person referred to in paragraph (a) of the definition of “relevant person”, a change in use or proposed change in use of land owned by that person, | ||
(b) in relation to the making of a request by a person referred to in paragraph (b) of the definition of “relevant person”, a change in use or proposed change in use of the maritime site concerned, | ||
(c) in relation to the making of a request by a person referred to in paragraph (c) or (d) of the definition of “relevant person”, a change in use or proposed change in use of land by that person with the consent of the owner of the land, or | ||
(d) in relation to the making of a request by a person referred to in paragraph (e) or (f) of the definition of “relevant person”, a change in use or proposed change in use of the land or maritime site concerned; | ||
“relevant person” means— | ||
(a) the owner of land, | ||
(b) a person who, in accordance with subsection (2) of section 85 , is eligible to make an application for permission for maritime development under Chapter 3 or 4 of Part 4 , | ||
(c) the occupier of land who— | ||
(i) carries out or proposes to carry out an act or operation on the land, or | ||
(ii) makes or proposes to make a change in use of the land, | ||
with the consent of the owner of the land, | ||
(d) a person (other than the person referred to in paragraph (c)) who— | ||
(i) carries out or proposes to carry out an act or operation on the land, or | ||
(ii) makes or proposes to make a change in use of the land, | ||
with the consent of the owner of the land, | ||
(e) a company within the meaning of the Companies Act 2014 — | ||
(i) formed and registered not later than one year before the making of the request concerned, | ||
(ii) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the request concerned, | ||
(iii) that has pursued those objects for a period of not less than one year before the making of the request concerned, | ||
(iv) that has not fewer than 10 members at the time of the making of the request concerned, and | ||
(v) that has passed a resolution— | ||
(I) in accordance with the constitution of the company, and | ||
(II) before the making of the request concerned, | ||
authorising the company to make the request, | ||
or | ||
(f) a prescribed person. | ||
(2) (a) Upon the payment of the prescribed fee, a relevant person or a statutory undertaker may, in relation to a relevant act or operation wholly outside the outer maritime area, make a request in writing to the planning authority within whose functional area the relevant act or operation is, or is proposed to be, carried out for a declaration on the question of— | ||
(i) whether or not that act or operation constitutes or would constitute development, and | ||
(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development. | ||
(b) Upon the payment of the prescribed fee, a relevant person may, in relation to a relevant change in use (wholly outside the outer maritime area), make a request in writing to the planning authority within whose functional area the relevant change in use is, or is proposed to be, made for a declaration on the question of— | ||
(i) whether or not that change in use constitutes or would constitute development, and | ||
(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development. | ||
(c) Upon the payment of the prescribed fee, a person who carries out or proposes to carry out development in accordance with a permission for such development granted under this Act or the Act of 2000 may, in relation to development (wholly outside the outer maritime area), make a request in writing to the planning authority within whose functional area the development is, or is proposed to be, situated for a declaration on any question relating to— | ||
(i) the meaning or scope of the permission, or | ||
(ii) any condition to which the permission is subject. | ||
(3) (a) A request under subsection (2) shall be accompanied by all such information and documentation as is necessary to enable the planning authority to perform its functions under this section in relation to the request. | ||
(b) For the purposes of the performance of its functions under this section, a planning authority may, by notice in writing, require a person who makes a request under subsection (2) to provide the planning authority with such further information and documentation as it may specify not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice. | ||
(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (2)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice. | ||
(4) Where a relevant person requests a declaration under subsection (2) in respect of land or a maritime site and the relevant person is not the owner of that land or maritime site, that relevant person shall, when making the request, notify the owner of the land or maritime site, as the case may be, in writing of the making of the request. | ||
(5) A planning authority shall, when making a declaration under this section, have regard to the declarations contained in the copies of the records forwarded to it in accordance with paragraph (d) of subsection (10). | ||
(6) A planning authority shall, not later than the period of— | ||
(a) 8 weeks from its receiving a request under subsection (2), or | ||
(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (3), | ||
whichever occurs later, decide whether or not it has sufficient information to enable it to make a declaration under this section and, if it decides that it does have such sufficient information, it shall, within that period, make a declaration in relation to the request concerned and forward the declaration and the main reasons and considerations on which it is based— | ||
(i) to the person who made that request, and | ||
(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier. | ||
(7) Where a planning authority decides under subsection (6) that it does not have sufficient information to make a declaration under this section— | ||
(a) it shall, by notice in writing, inform the person who made the request under subsection (2), and | ||
(b) the request shall be deemed to have been withdrawn on the date specified in that notice. | ||
(8) (a) A person (in this subsection referred to as the “appellant”) to whom a declaration has been forwarded in accordance with subsection (6) may, not later than 4 weeks from the date of the declaration and on payment to the Commission of such fee as may be approved under section 381 , appeal the declaration to the Commission. | ||
(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission. | ||
(c) Subject to paragraphs (d), (e), (f), (g) and (h), this section shall apply to the Commission in relation to an appeal as it applies to a planning authority in relation to a request under subsection (2), and for the purposes of such appeal— | ||
(i) references in that subsection to a request under that subsection shall be construed as references to an appeal under this section, | ||
(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and | ||
(iii) references in this section to the planning authority shall be construed as references to the Commission, | ||
and a declaration of the Commission, or a decision of the Commission under subsection (6) that it does not have sufficient information to make a declaration under this section, in relation to an appeal under this section shall operate to annul the declaration of the planning authority from which the appeal was brought. | ||
(d) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, require the appellant to provide it with such information and documentation as is specified in the notice within such period (which shall not be later than 2 weeks from the date of the service of the notice) as is so specified. | ||
(e) Notwithstanding the failure of the appellant to comply with a requirement in a notice under paragraph (d), the Commission may give a declaration in relation to the request concerned under subsection (2) where it is satisfied that it has sufficient information in relation to the matter to enable it to do so. | ||
(f) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, request a person (other than the person who made the request under subsection (2)) to provide it with such information and documentation as is specified in the notice not later than 2 weeks from the date of the notice. | ||
(g) Notwithstanding the failure of a person to whom a notice has been given under paragraph (f) to accede to the request in the notice, the Commission may make a declaration in relation to the request concerned under subsection (2) where it is satisfied that it has sufficient information in relation to the matter to enable it to do so. | ||
(h) The Commission shall determine an appeal under this section within the period specified under section 361 . | ||
(9) Particulars of every declaration under this section of a planning authority or the Commission in relation to a request under subsection (2) shall be entered in the register. | ||
(10) (a) In this subsection— | ||
“decision” means— | ||
(i) in relation to the consideration by a planning authority of a request under subsection (2), the declaration made by the planning authority in relation to that request, and | ||
(ii) in relation to the consideration by the Commission of an appeal under this section— | ||
(I) a decision to dismiss the appeal, or | ||
(II) a declaration under this section; | ||
“relevant documents” means a copy of the question set out in the request under subsection (2) and any information, particulars, evidence, written study or further information received or obtained from— | ||
(i) the person who made the request under that subsection or the person who brought the appeal under subsection (8), as the case may be, | ||
(ii) any other person, | ||
(iii) a copy of any report prepared by or on behalf of the planning authority or the Commission, as may be appropriate, in relation to the request or appeal, or | ||
(iv) a copy of the decision. | ||
(b) The Commission shall keep a record of each appeal under this section, including the main reasons and considerations on which the declaration made in such appeal is based. | ||
(c) Where the planning authority or the Commission makes a decision it shall, not later than 5 working days thereafter, cause the relevant documents to— | ||
(i) be published on its internet website, and | ||
(ii) be made available for inspection and purchase by members of the public during normal office hours at its offices during such period (which shall not be less than 8 weeks from the date of the making of the decision) as it considers appropriate. | ||
(d) The Commission shall, from time to time and at least once a year, forward to each planning authority a copy of all records to which paragraph (b) applies made since— | ||
(i) the commencement of this section, or | ||
(ii) the most recent compliance by the Commission with this paragraph, | ||
as may be appropriate. | ||
(e) The Commission shall give a copy of a record to which paragraph (b) applies to the planning authority in relation to whose functional area the appeal concerned relates. | ||
(11) (a) A planning authority shall, in the case of a declaration made upon a request under paragraph (a) or (b) of subsection (2) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state— | ||
(i) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and | ||
(ii) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment. | ||
(b) The Commission shall, in the case of a declaration made on an appeal under subsection (8) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state— | ||
(i) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and | ||
(ii) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment. | ||
(12) A person is not entitled to make a request under subsection (2) for a declaration in relation to a question that is, in substance, the same as a question in respect of which the planning authority or the Commission has already made a declaration (“first declaration”), unless there has been a material change in circumstances since the making of the first declaration. | ||
(13) The Minister may prescribe additional, consequential or supplementary matters as regards procedures in respect of a request under subsection (2) or an appeal under subsection (8), including matters relating to— | ||
(a) the submission of information to the planning authority or the Commission for those purposes, | ||
(b) notifications to persons concerned with the declaration or decision, as the case may be, referred to in that subsection, or | ||
(c) steps to be taken (including matters to which regard shall be had) in the course of the making of such declaration or decision. | ||
(14) (a) The Minister may apply to the Commission under this subsection, without charge, for a declaration as to whether an activity requiring his or her consent— | ||
(i) pursuant to a notification under paragraph (2) of regulation 4 of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ), | ||
(ii) pursuant to a direction under paragraph (1) of regulation 28 or paragraph (1) of regulation 29 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ), | ||
(iii) under any enactment— | ||
(I) designating a site as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive, or | ||
(II) classifying a site as a special protection area for the purposes of paragraph 1 or 2 of Article 4 of the Birds Directive, | ||
or | ||
(iv) under section 19 of the Wildlife (Amendment) Act 2000 , | ||
comprises development that is not exempted development, and the Commission shall, not later than 18 weeks from the application by the Minister, make such declaration and inform that Minister of the declaration and the reasons for the declaration. | ||
(b) An application from the Minister under this subsection shall include— | ||
(i) all other information and documentation submitted with that application for consent, | ||
(ii) the reasons why he or she considers that the activity may not be exempted development, | ||
(iii) the opinion of the Minister as to whether an appropriate assessment is required, and the reasons for that opinion, and | ||
(iv) the opinion of the Minister as to whether the development is likely to have significant effects on a European site or an area designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act 2000 and the reasons for that opinion, having regard to the purposes for which the site was designated. | ||
(c) The Commission may request additional information from the Minister. | ||
(d) If the Minister fails to comply with a request under paragraph (c) within such period as is specified in the request or such further period as the Commission may agree, the application of the Minister under this subsection shall be deemed to be withdrawn, and the Commission shall inform the Minister accordingly. | ||
(15) (a) Upon the payment of such fee as may be approved under section 381 , a relevant person or a statutory undertaker may, in relation to a relevant act or operation wholly or partly in the outer maritime area, make a request in writing to the Commission for a declaration on the question of— | ||
(i) whether or not that act or operation constitutes or would constitute development, and | ||
(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development. | ||
(b) Upon the payment of such fee as may be approved under section 381 , a relevant person may, in relation to a relevant change in use wholly or partly in the outer maritime area, make a request in writing to the Commission for a declaration on the question of— | ||
(i) whether or not that change in use constitutes or would constitute development, and | ||
(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development. | ||
(c) Upon the payment of such fee as may be approved under section 381 , a person who carries out or proposes to carry out development in accordance with a permission for such development granted under this Act or the Act of 2000 may, in relation to development wholly or partly in the outer maritime area, make a request in writing to the Commission for a declaration on any question relating to— | ||
(i) the meaning or scope of the permission, or | ||
(ii) any condition to which the permission is subject. | ||
(16) This section shall apply in relation to a request under subsection (15) as if— | ||
(a) in paragraph (a) of subsection (3)— | ||
(i) “subsection (15)” were substituted for “subsection (2)”, | ||
(ii) “the Commission” were substituted for “the planning authority”, | ||
(b) in paragraph (b) of subsection (3)— | ||
(i) “the Commission” were substituted for “a planning authority”, | ||
(ii) “subsection (15)” were substituted for “subsection (2)”, and | ||
(iii) “the Commission” were substituted for “the planning authority”, | ||
(c) in paragraph (c) of subsection (3)— | ||
(i) “The Commission” were substituted for “A planning authority”, | ||
(ii) “subsection (15)” were substituted for “subsection (2)”, and | ||
(iii) “the Commission” were substituted for “the planning authority”, | ||
(d) in subsection (4), “subsection (15)” were substituted for “subsection (2)”, | ||
(e) the following subsection were substituted for subsection (5): | ||
“(5) The Commission shall, when making a declaration upon a request under subsection (15), have regard to all declarations contained in records to which paragraph (b) of subsection (10) applies.”, | ||
(f) in subsection (6)— | ||
(i) “The Commission” were substituted for “A planning authority”, | ||
(ii) “subsection (15)” were substituted for “subsection (2)”, and | ||
(iii) the following paragraph were substituted for subparagraph (ii): | ||
“(ii) where that person is not the holder of a maritime area consent for the maritime site to which the request relates, the holder of such maritime area consent.”, | ||
(g) in subsection (7)— | ||
(i) “the Commission” were substituted for “a planning authority”, and | ||
(ii) “subsection (15)” were substituted for “subsection (2)”, | ||
(h) subsections (8) and (9) were deleted, | ||
(i) the following subsection were substituted for subsection (10): | ||
“(10) (a) In this subsection— | ||
‘decision’ means in relation to the consideration by the Commission of a request under subsection (15), the declaration made by the Commission in relation to that request; | ||
‘relevant documents’ means a copy of the question set out in the request under subsection (15) and any information, particulars, evidence, written study or further information received or obtained from— | ||
(i) the person who made the request under that subsection, | ||
(ii) any other person, | ||
(iii) a copy of any report prepared by or on behalf of the Commission, or | ||
(iv) a copy of the decision. | ||
(b) The Commission shall keep a record of each declaration made in relation to a request under subsection (15), including the main reasons and considerations on which the declaration is based. | ||
(c) Where the Commission makes a decision, it shall, not later than 5 working days thereafter, cause the relevant documents to— | ||
(i) be published on its internet website, and | ||
(ii) be made available for inspection and purchase by members of the public during normal office hours at its offices during such period (which shall not be less than 8 weeks from the date of the making of the decision) as it considers appropriate.”, | ||
(j) the following subsection were substituted for subsection (11): | ||
“(11) The Commission shall, in the case of a declaration made upon a request under paragraph (a) or (b) of subsection (15) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state— | ||
(a) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and | ||
(b) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment.”, | ||
(k) the following subsection were substituted for subsection (12): | ||
“(12) A person is not entitled to make a request under subsection (15) for a declaration in relation to a question that is, in substance, the same as a question in respect of which the Commission has already made a declaration (‘first declaration’), unless there has been a material change in circumstances since the making of the first declaration.”, | ||
and | ||
(l) in subsection (13), “or (15),” were inserted after “(2)”. | ||
|
Section 10 supplemental provision | ||
|
11. (1) A relevant declaration shall be conclusive evidence of the matters stated therein in relevant proceedings brought by an enforcement authority (within the meaning of Part 11 ) or the Director of Public Prosecutions against a person who requested the relevant declaration under section 10 , unless— | ||
(a) it is proved that— | ||
(i) the person knowingly provided false or misleading information to the planning authority or the Commission, as the case may be, for the purposes of the making of the relevant declaration, and | ||
(ii) the planning authority or the Commission, as the case may be, would not have made the relevant declaration had it been aware at the time of its making that the information was false or misleading, | ||
or | ||
(b) it is proved that— | ||
(i) the person withheld information from the planning authority or the Commission, as the case may be, that he or she knew to be material to the question as to whether or not the act, operation or change in use concerned was development or exempted development, and | ||
(ii) the planning authority or the Commission, as the case may be, would not have made the relevant declaration had the information not been so withheld. | ||
(2) Subject to subsection (1), a relevant declaration shall not be admissible in evidence in any proceedings relating to the act, operation or change in use in respect of which the relevant declaration was made. | ||
(3) In this section— | ||
“relevant declaration” means— | ||
(a) in relation to a change in use— | ||
(i) a declaration by a planning authority under section 10 — | ||
(I) that the change in use is not development or is exempted development, and | ||
(II) that had not been annulled by the Commission under that section before the offence or contravention was alleged to have occurred, | ||
or | ||
(ii) a declaration by the Commission under that section that the change in use is not development or is exempted development, | ||
or | ||
(b) in relation to an act or operation— | ||
(i) a declaration by a planning authority under section 10 that— | ||
(I) the act or operation is not development or is exempted development, and | ||
(II) had not been annulled by the Commission under that section before the offence or contravention was alleged to have occurred, | ||
or | ||
(ii) a declaration by the Commission under that section that the act or operation is not development or is exempted development; | ||
“relevant proceedings” means— | ||
(a) proceedings for an offence under section 347 or 350 , or | ||
(b) proceedings under section 351 . | ||
|
Saver for declarations under section 5 of Act of 2000 | ||
|
12. (1) A declaration under section 5 of the Act of 2000 made before its repeal by section 6 shall have effect on and after such repeal as if made under section 10 . | ||
(2) Notwithstanding the repeal of section 5 of the Act of 2000 effected by section 6 , the Act of 2000 shall, subject to Part 17 , continue to apply and have effect in relation to a request, application or appeal under that section made before that repeal. | ||
|
Licensing of appliances and cables, etc., on public roads | ||
|
13. (1) In this section “network operator” means a person providing, or authorised to provide— | ||
(a) a public electronic communications network, within the meaning of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 20189 establishing the European Electronic Communications Code, or | ||
(b) any associated facilities within such meaning. | ||
(2) Subject to subsections (3) and (12), a person shall not erect, construct, place or maintain— | ||
(a) a vending machine, | ||
(b) a town or landscape map for indicating directions or places, | ||
(c) a hoarding, fence or scaffold, | ||
(d) an advertisement structure, | ||
(e) a cable, wire, duct or pipeline, | ||
(f) electronic communications infrastructure or any associated physical infrastructure, whether overground or underground, | ||
(g) a telephone kiosk or pedestal, or | ||
(h) such other appliance, apparatus or structure as may be prescribed, | ||
on, under, over or along a public road, save in accordance with a licence granted by a planning authority under this section. | ||
(3) This section shall not apply to— | ||
(a) an appliance, apparatus or structure that is authorised in accordance with a permission granted under Part 4 , | ||
(b) a temporary hoarding, fence or scaffold erected in accordance with a condition of permission granted under that Part, | ||
(c) the erection, construction, placing or maintenance under a public road of a cable, wire, duct or pipeline by a statutory undertaker, or | ||
(d) the carrying out of works in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 . | ||
(4) (a) A person may, in such form and manner (including by electronic means) as may be prescribed, apply to a planning authority for— | ||
(i) a licence under this section, | ||
(ii) the continuation of a licence granted under this section, or | ||
(iii) the continuation of a licence referred to in subsection (1) of section 14 , in force on the date of the making of the application concerned, | ||
and the application shall be accompanied by— | ||
(I) such fee as may be prescribed, | ||
(II) such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (2) as the planning authority may require, and | ||
(III) such other information as may be prescribed. | ||
(b) Applicants for licences under this section for appliances, apparatuses or structures of such class or classes as may be prescribed shall give notice of such applications to the public in such manner and form as may be prescribed. | ||
(c) A planning authority may require any person who made an application under paragraph (a) to submit further information with regard to the position, design and capacity of the appliance, apparatus or structure concerned for the purpose of enabling the planning authority to determine the application. | ||
(d) Where a request for further information is not complied with within the period of 6 months from the date of the request for further information, or such additional period, not exceeding 3 months, as may be agreed with the planning authority, the application concerned shall be deemed to be withdrawn and the planning authority shall, as soon as may be thereafter, notify the applicant that the application is deemed to be withdrawn. | ||
(5) A planning authority may, upon an application under this section— | ||
(a) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, | ||
(b) grant a continuation of a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, | ||
(c) grant a continuation of a licence referred to in subsection (1) of section 14 in respect of such period, and upon such conditions (including conditions relating to location and design), as the planning authority may specify, or | ||
(d) refuse to grant such licence or continuation. | ||
(6) Where, in the opinion of the planning authority, an appliance, apparatus or structure for which a licence has been granted under this section or section 254 of the Act of 2000 causes an obstruction, or becomes dangerous, by reason of the increase or alteration of traffic on a road, the widening of a road or any improvement of or relating to a road, the planning authority may by notice in writing revoke the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense. | ||
(7) In considering an application for a licence under this section, a planning authority, shall have regard to— | ||
(a) the proper planning and sustainable development of the area, | ||
(b) any relevant provisions of the development plan, | ||
(c) the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, | ||
(d) the convenience and safety of road users including pedestrians, and | ||
(e) the possibility that the purpose for which the application concerned is made may be served by an appliance, apparatus or structure that is already subject to— | ||
(i) a licence under this section, or | ||
(ii) a licence under section 254 of the Act of 2000 that is in force by virtue of section 14 . | ||
(8) (a) A planning authority shall— | ||
(i) make a decision in relation to an application under this section, and | ||
(ii) give a copy of that decision and the main reasons and considerations on which the decision is based to the person who made the application, | ||
not later than— | ||
(I) 8 weeks from the date of receipt of the application, or | ||
(II) where a request for further information is made in accordance with paragraph (b) of subsection (4), 4 weeks from the date by which that information is required to be provided in accordance with that subsection, | ||
whichever occurs later. | ||
(b) Where a planning authority fails to make a decision within the period referred to in paragraph (a) in relation to an application in respect of— | ||
(i) overground electronic communications infrastructure, or | ||
(ii) any associated physical infrastructure, | ||
a decision (referred to in this subsection as a “deemed decision to grant a licence”) of the planning authority to grant the licence shall be deemed to have been made on the day following the expiration of— | ||
(I) the period of 8 weeks from the date of receipt of the application, or | ||
(II) the period of 4 weeks from the date of receipt of the applicant’s response to a request for additional information, | ||
whichever occurs later. | ||
(c) A deemed decision to grant a licence shall be subject to the condition that the network operator concerned shall, before commencing any works to erect, construct, place or maintain electronic communications infrastructure or any associated physical infrastructure, inform— | ||
(i) the planning authority concerned, | ||
(ii) where the planned works are on a national road, the National Roads Authority, and | ||
(iii) where the planned works are on any regional or local road, the road authority in whose functional area the network operator proposes to carry out the works, | ||
of the network operator’s intention to commence such works. | ||
(d) Paragraphs (a), (b) and (c) shall not apply in respect of an application under this section if, not later than 8 weeks from the date on which the planning authority received the application, the planning authority notifies the applicant in writing that for exceptional reasons stated in the notification it is not in a position to comply with paragraph (a) within the period specified in that paragraph, and where the planning authority so notifies the applicant, it shall— | ||
(i) make a decision in relation to an application under this section, and | ||
(ii) give a copy of that decision and the main reasons and considerations on which the decision is based to the person who made the application, | ||
not later than 8 weeks from— | ||
(I) the date of the notice, or | ||
(II) the date of receipt of the applicant’s response to a request for additional information, | ||
whichever occurs later. | ||
(9) (a) Any person may appeal the refusal by a planning authority of an application for a licence or continuation of a licence under this section to the Commission not later than 4 weeks from the date of the decision of the planning authority to refuse the application. | ||
(b) Any person may appeal— | ||
(i) the grant of a licence or continuation of a licence under this section by a planning authority, or | ||
(ii) the decision of a planning authority to attach a condition to a licence under this section, | ||
to the Commission not later than 4 weeks from the date of the decision to grant or continue the licence or, as the case may be, attach the condition concerned. | ||
(c) Any person may appeal the revocation of a licence under this section by a planning authority to the Commission not later than 4 weeks from the date of the decision of the planning authority to revoke the licence. | ||
(d) This section (other than paragraphs (b) and (c) of subsection (8) and this paragraph) shall apply for the purposes of an appeal under this section as it applies for the purposes of an application for a licence under this section as if— | ||
(i) the following paragraph were substituted for paragraph (a) of subsection (4): | ||
“(a) The appeal from a decision of a planning authority under this section shall be accompanied by— | ||
(i) such fee as may be approved under section 381 , | ||
(ii) such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (2) as the Commission may require, and | ||
(iii) such other information as may be prescribed.”, | ||
(ii) in paragraph (c) of subsection (4), “the appellant” were substituted for “any person who applied for a licence under this section or for the continuation of a licence granted under this section”, | ||
(iii) the following subsection were substituted for subsection (5): | ||
“(5) (a) The Commission may, upon an appeal under this section, affirm the decision of the planning authority. | ||
(b) The Commission may, upon an appeal under this section— | ||
(i) grant the appeal (in whole or in part), and for that purpose may— | ||
(I) grant a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design) as the Commission may specify, | ||
(II) grant a continuation of a licence under this section in respect of such period, and upon such conditions (including conditions relating to location and design) as the Commission may specify, | ||
(III) amend or vary a licence or continuation of a licence granted under this section, or | ||
(IV) attach a condition to, or remove or amend a condition of, a licence or continuation of a licence granted under this section, | ||
or | ||
(ii) refuse the appeal.”, | ||
(iv) references to applicant were references to appellant, | ||
(v) the references to application or application for a licence were references to appeal under this section, and | ||
(vi) references to the planning authority were references to the Commission. | ||
(e) A decision of the Commission in relation to an appeal under this section shall operate to annul the decision of the planning authority from which the appeal was brought. | ||
(f) Where a person appeals— | ||
(i) the refusal by a planning authority of an application for the continuation of a licence under this section, or | ||
(ii) the revocation by the planning authority of a licence under this section, | ||
to the Commission, the licence shall, notwithstanding such refusal or revocation, remain in force pending the decision of the Commission in relation to the appeal. | ||
(10) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance, apparatus or structure. | ||
(11) A person who— | ||
(a) contravenes subsection (2), or | ||
(b) contravenes a condition attaching to a licence, | ||
shall be guilty of an offence. | ||
(12) (a) Subsection (2) shall not apply to a planning authority. | ||
(b) This subsection shall not operate to entitle a planning authority to— | ||
(i) hinder the reasonable use of a public road by the public or any person entitled to use it, or | ||
(ii) create a nuisance to the owner or occupier of premises adjacent to a public road. | ||
(13) A planning authority shall not, in relation to a national road in its functional area for which it is not the road authority (within the meaning of Part V of the Roads Act 1993 )— | ||
(a) grant a licence under this section, or | ||
(b) do any act referred to in subsection (2), | ||
without first consulting with the road authority (within the said meaning) for such national road or regional road, as the case may be. | ||
(14) A decision of a planning authority or the Commission under this section may be communicated to the applicant or the appellant concerned in such form and manner (including by electronic means) as may be prescribed. | ||
(15) The Minister may, by regulations, require planning authorities and the Commission to enter on such database or databases as may be specified in the regulations such information as may be so specified in relation to applications and appeals under this section. | ||
|
Licences under section 254 of Act of 2000 | ||
|
14. (1) A licence granted under section 254 of the Act of 2000 that was in force immediately before the repeal of that section by section 6 shall remain in force and have effect on and after that repeal as if it were a licence granted under section 13 . | ||
(2) Notwithstanding the repeal of section 254 of the Act of 2000 by section 6 , that section shall continue to apply and have effect for the purposes of any— | ||
(a) application for a licence under the said section 254 pending immediately before that repeal, | ||
(b) appeal referred to in the said section 254 pending immediately before that repeal, or | ||
(c) any decision in relation to such an application or appeal made before that repeal. | ||
|
Saving for national monuments | ||
|
15. (1) This Act shall not operate to restrict or otherwise affect the functions of a Minister of the Government or the Commissioners under the National Monuments Acts 1930 to 2014 or the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 . | ||
(2) The performance by a Minister of the Government of functions under this Act shall not operate to prejudice the performance by that Minister of the Government of functions under the National Monuments Acts 1930 to 2014 or the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 . | ||
(3) The performance by the Commissioners of functions under this Act shall not operate to prejudice the performance by the Commissioners of functions under the National Monuments Acts 1930 to 2014 or the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 . | ||
|
Quarries | ||
|
16. (1) The repeal of section 261 of the Act of 2000 shall not have effect for the purpose of any notice issued under that section at any time before such repeal. | ||
(2) The repeal of section 261A of the Act of 2000 shall not have effect for the purpose of any notice issued under that section at any time before such repeal. | ||
|
PART 3 Plans, Policies and Related Matters | ||
|
Chapter 1 Preliminary Matters | ||
|
Definitions | ||
|
17. In this Part— | ||
“anthropogenic”, in relation to greenhouse gas emissions, means those emissions that result from or are produced by human activity or intervention; | ||
“associate planning authority” means a planning authority that has been designated as an associate planning authority in a regional spatial and economic strategy in accordance with paragraph (d) of subsection (10) of section 29 ; | ||
“built up area” means a collection of statistical small areas, identified by the Central Statistics Office as a built up area following a census of population of the State; | ||
“compact urban development”, in relation to an urban area, means development within the existing, built-up footprint of the area concerned on land which is suitable for development, and “compact urban development site” is to be construed accordingly; | ||
“coordinated area plan committee” means the committee appointed under subsection (3) of section 73 ; | ||
“functional area” means— | ||
(a) in relation to a planning authority (other than a coastal planning authority), its administrative area for the purposes of the Act of 2001, and | ||
(b) in relation to a planning authority that is a coastal planning authority, its administrative area for the purposes of the Act of 2001 up to the high water mark; | ||
“key town” means a settlement that has been identified and designated as a key town in a regional spatial and economic strategy in accordance with subsection (8) of section 29 ; | ||
“Local Community Development Committee” means a committee established under section 49A of the Act of 2001; | ||
“long-term strategic development site” means a site within an urban area that is large relative to the urban area and that is suitable for development that would require to be carried out over a period exceeding one development plan cycle of 10 years; | ||
“material alteration” includes an alteration which is likely to have significant effects on the environment or on any European site; | ||
“metropolitan area”, in relation to a city, means the area defined by the geographical boundary as prescribed; | ||
“metropolitan area strategic plan” has the meaning assigned to it by subsection (2) of section 29 ; | ||
“National Biodiversity Action Plan” has the same meaning as it has in section 59A of the Wildlife (Amendment) Act 2000 ; | ||
“Opinion on Development Plan Strategy” has the meaning assigned to it by subsection (3) of section 53 ; | ||
“principal planning authority” means a planning authority that has been designated as a principal planning authority in a regional spatial and economic strategy in accordance with paragraph (c) of subsection (10) of section 29 ; | ||
“regional growth centre” means any large settlement with a high level of self-sustaining employment and services that acts as a regional economic driver that has been designated as a regional growth centre in the National Planning Framework; | ||
“screening assessment” means an assessment for the purposes of determining whether a strategic environmental assessment or an appropriate assessment, as the case may be, is or is not required; | ||
“settlement” means a village, built up area or city identified by the Central Statistics Office following a census of population of the State, containing a minimum of 50 occupied dwellings with a maximum distance between any dwelling and the building closest to it of 100 metres, save where there are references to “part of the urban area of a settlement” in which case “settlement” means a town or city with a population of at least 1,500 persons; | ||
“settlement hierarchy” means the settlement hierarchy set out in the written statement of a development plan in accordance with paragraph (b) of subsection (3) and subsection (4) of section 43 ; | ||
“settlement-specific objectives” has the meaning assigned to it by paragraph (a) of subsection (1) of section 52 ; | ||
“settlement strategy” means the settlement strategy set out in the written statement of a development plan in accordance with paragraph (c) of subsection (3) and subsection (5) of section 43 ; | ||
“Strategic Issues and Options Paper” has the meaning assigned to it by subsection (6) of section 53 ; | ||
“transport infrastructure” includes roads, railways and public transport (including infrastructure for cyclists and pedestrians); | ||
“traveller” has the meaning assigned to it by the Housing (Traveller Accommodation) Act 1998 ; | ||
“urban area” means an area in a town or city, being an area containing a minimum of 100 buildings each within a maximum distance of 65 metres of at least one other building, and includes roads and other surfaced areas such as car parks and yards and artificial green spaces such as parks and gardens, that are adjacent to or within the area; | ||
“zoning objectives” means objectives for the zoning of land for a particular use or mixture of uses included in a development plan in accordance with subsection (6) of section 43 . | ||
|
Public inspection | ||
|
18. Where this Part requires publication by the Minister, the Office of the Planning Regulator, a regional assembly or a planning authority of a notice stating that any matter or thing is or will be made available for inspection by the public, the Minister, the Office of the Planning Regulator, regional assembly or planning authority, as the case may be, shall ensure that the matter or thing is made available for inspection as stated in the notice for such period as may be provided for in or under this Part or stated in the notice or, where no such period is so provided or stated, for such period as the Minister, the Office of the Planning Regulator, regional assembly or planning authority, as the case may be, considers reasonable. | ||
|
Evidence | ||
|
19. (1) A document purporting to be a correct copy of a part or all of a plan, strategy or statement made under this Part and to be certified by an officer of— | ||
(a) in the case of the National Planning Framework or a National Planning Statement, the Department of Housing, Local Government and Heritage, | ||
(b) in the case of a regional spatial and economic strategy, a regional assembly, or | ||
(c) in the case of a development plan, urban area plan, priority area plan or coordinated area plan, a planning authority, | ||
shall be evidence of the plan, strategy or statement, or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer. | ||
(2) Evidence of all or part of a plan, strategy or statement made under this Part may be given by production of a copy thereof certified in accordance with this section and it shall not be necessary to produce the plan, strategy or statement itself. | ||
|
Regulations | ||
|
20. The Minister may, for the purposes of giving further effect to the Strategic Environmental Assessment Directive, by regulations (in this Act referred to as the “Strategic Environmental Assessment Regulations”) make further provision for the application of the Directive to any plan or programme within the meaning of the Directive which is made under this Part. | ||
|
Chapter 2 National Planning Framework | ||
|
National Planning Framework | ||
|
21. (1) The Government shall prepare and publish a document to be known as the National Planning Framework. | ||
(2) The National Planning Framework shall contain a statement setting out the Government’s national plan in relation to the strategic planning and sustainable development of the State and shall include policies and proposals for the furtherance of the following objectives: | ||
(a) securing national and regional development strategies, including maximising the potential of the regions; | ||
(b) supporting proper planning and sustainable development in urban and rural areas; | ||
(c) supporting the circular economy (within the meaning of section 6 of the Circular Economy and Miscellaneous Provisions Act 2022 ); | ||
(d) securing the coordination of regional spatial and economic strategies and development plans; | ||
(e) providing for land-sea interactions and securing coordination with the National Marine Planning Framework; | ||
(f) the integration of the pursuit and achievement of the national climate objective and National Biodiversity Action Plan into plan-led development in the State. | ||
(3) The National Planning Framework shall make provision for the following matters: | ||
(a) identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing, commercial and public infrastructure; | ||
(b) indication of national infrastructure priorities linked to the strategic development requirements referred to in paragraph (a), and in particular such priorities as relate to— | ||
(i) transportation (including public transportation), | ||
(ii) water services, | ||
(iii) waste management, | ||
(iv) energy and communications networks, and | ||
(v) the provision of educational, healthcare, retail, cultural and recreational facilities; | ||
(c) promotion of sustainable settlement patterns and transportation strategies in urban and rural areas, including the promotion of measures to— | ||
(i) reduce anthropogenic greenhouse gas emissions, | ||
(ii) take account of the need to adapt to and mitigate climate change, and | ||
(iii) achieve the national climate objective; | ||
(d) conservation of the environment and its amenities, including— | ||
(i) landscape, | ||
(ii) ecology, | ||
(iii) biodiversity, and | ||
(iv) archaeological, architectural and natural heritage; | ||
(e) land-sea interactions and the promotion of coordination of development between the terrestrial and marine sectors; | ||
(f) designation of regional growth centres. | ||
(4) In making provision under paragraph (e) of subsection (3), the Government shall have regard to the National Marine Planning Framework. | ||
(5) The Government shall take such steps as are necessary to ensure that the National Planning Framework in effect at any given time makes provision for a period in the future of not less than 10 years and not more than 20 years from the coming into effect of the framework, which period shall be specified in the National Planning Framework. | ||
(6) Notwithstanding subsections (2) and (3) and the repeal of section 20A of the Act of 2000 effected by section 6 , the National Planning Framework under that section that was in force immediately before such repeal shall— | ||
(a) continue in force for the period that it would have continued in force but for such repeal, | ||
(b) be deemed to be the first National Planning Framework made under subsection (1), and | ||
(c) be reviewed in accordance with section 22 . | ||
|
Review of National Planning Framework | ||
|
22. (1) The Government shall review the National Planning Framework in accordance with this section and sections 23 and 24 . | ||
(2) Each review shall be completed before the expiry of a period of 2 years, which period shall begin on the date of publication, by the Central Statistics Office, of the final results of the second occurrence of a census of population of the State held after the completion, in accordance with subsection (6), of the previous review. | ||
(3) Without prejudice to the requirement in subsection (2), the Government may review the National Planning Framework before the expiry of a period of 2 years, which period shall begin on the date of publication, by the Central Statistics Office, of the final results of the first occurrence of a census of population of the State held after the completion, in accordance with subsection (6), of the previous review. | ||
(4) In this section “occurrence of a census of population of the State” means the beginning of the period provided for by order under section 25 of the Statistics Act 1993 in respect of which the information specified in the order is to be provided. | ||
(5) Where the Government reviews the National Planning Framework, they shall, as appropriate— | ||
(a) approve a revised National Planning Framework, | ||
(b) approve a new National Planning Framework, or | ||
(c) subject to subsection (5) of section 21 , determine that no revision of the National Planning Framework or new National Planning Framework is required and publish a statement explaining the reasons for the determination. | ||
(6) A review of the National Planning Framework is completed on the date that the Government publishes a revised National Planning Framework or new National Planning Framework in accordance with subsection (5) of section 23 or the statement referred to in paragraph (c) of subsection (5), as the case may be. | ||
(7) A revised National Planning Framework shall continue in effect for the remainder of the period for which the National Planning Framework which it revises is specified, under subsection (5) of section 21 , to be in effect. | ||
(8) The Minister shall, within 10 days of publication of a statement under paragraph (c) of subsection (5), lay a copy of the statement so published before each House of the Oireachtas. | ||
|
Procedure for review of National Planning Framework | ||
|
23. (1) Before carrying out a review under section 22 , the Minister shall publish a notice of the Government’s intention to do so. | ||
(2) The Minister shall make provision for public consultation in the review of the National Planning Framework, including arrangements for consulting— | ||
(a) members of the Oireachtas, | ||
(b) regional assemblies, | ||
(c) local authorities, | ||
(d) the Commission, | ||
(e) the Office of the Planning Regulator, | ||
(f) the Environmental Protection Agency, | ||
(g) the Maritime Area Regulatory Authority, | ||
(h) members of the public, | ||
(i) any Department or body in Northern Ireland having responsibility for regional development (where that Department or body agrees to such consultation), and | ||
(j) such other persons or public bodies as the Minister considers appropriate. | ||
(3) The revised or new National Planning Framework shall be subject to a screening assessment and if necessary a strategic environmental assessment or an appropriate assessment, or both, as the case may be, in accordance with the Strategic Environmental Assessment Directive (and Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ). | ||
(4) In carrying out a review under section 22 , the Government shall have regard to any observations made on foot of the consultations under subsection (2), including any resolution or report of the Oireachtas or any committee of the Oireachtas, in respect of the matters to be included in the National Planning Framework. | ||
(5) Where after the Government has completed a review under section 22 and approved a revised or new National Planning Framework, the Government shall, as soon as practicable, publish on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage— | ||
(a) the revised or new National Planning Framework, as the case may be, and | ||
(b) a summary of any observations made on foot of the consultations under subsection (2). | ||
(6) The Minister shall, within 10 days of publication under paragraph (a) of subsection (5), lay a copy of the revised or new National Planning Framework so published before each House of the Oireachtas. | ||
(7) A revised or new National Planning Framework shall take effect 4 weeks after the date of publication under paragraph (a) of subsection (5). | ||
(8) A failure to comply with subsections (2) and (3) of section 22 and subsection (6) within the time period specified therein shall not of itself invalidate the National Planning Framework. | ||
|
Regard to be had to other matters when carrying out review under section 22 | ||
|
24. (1) The Government may, when carrying out a review under section 22 , have regard to such plans and other documents as they consider appropriate. | ||
(2) Without prejudice to the generality of subsection (1), the Government shall, when carrying out a review under section 22 , have regard to— | ||
(a) such plans or documents (if any) as may be prescribed and plans or documents of such class (if any) as may be prescribed, and | ||
(b) such plans or documents (if any) as may be prescribed, and plans or documents of such class (if any) as may be prescribed, made or created by— | ||
(i) an institution of the European Union, | ||
(ii) the Government of a Member State of the European Union, | ||
(iii) the Government of a Transboundary Convention State, or | ||
(iv) a body that performs in such Member State or a Transboundary Convention State functions the same as or similar to those performed in the State by a regional assembly or a planning authority, | ||
relating to maritime planning, land-use planning, strategic planning, spatial planning, economic planning or territorial planning. | ||
|
Chapter 3 National Planning Statements | ||
|
National Planning Statement | ||
|
25. (1) The Minister may, at any time, with the approval of the Government, issue a statement (in this Act referred to as a “National Planning Statement”) which shall comprise two parts as follows: | ||
(a) national policies and measures on planning matters to support proper planning and sustainable development (in this Act referred to as “National Planning Policies and Measures”); | ||
(b) guidance as to the implementation of the policies and measures referred to in paragraph (a) (in this Act referred to as “National Planning Policy Guidance”). | ||
(2) The Minister may, with the approval of the Government, amend or revoke a National Planning Statement issued under this section. | ||
(3) The Minister shall publish on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage— | ||
(a) a National Planning Statement, | ||
(b) notice of an amendment of a National Planning Statement and a copy of the National Planning Statement as amended, and | ||
(c) notice of the revocation of any National Planning Statement. | ||
(4) A National Planning Statement, amendment or revocation published under subsection (3) shall take effect on such date as may be specified therein or, where no date is specified, on the date of such publication. | ||
(5) The Minister shall, within 10 days of publication under subsection (3), lay a copy of a National Planning Statement, amendment or revocation so published before each House of the Oireachtas. | ||
(6) The Minister shall, within 10 days of publication under subsection (3), give a copy of a National Planning Statement, amendment or revocation so published to— | ||
(a) each planning authority, | ||
(b) each regional assembly, | ||
(c) the Office of the Planning Regulator, | ||
(d) the Commission, | ||
(e) the Environmental Protection Agency, and | ||
(f) the Maritime Area Regulatory Authority. | ||
(7) A failure to comply with subsections (5) and (6) within the time period specified therein shall not of itself invalidate a National Planning Statement. | ||
(8) Notwithstanding the repeal of section 52 of the Act of 2000 effected by section 6 , any guideline issued under the said section 52 that was in force immediately before that repeal shall continue in force on and after that repeal until— | ||
(a) revoked by the Minister under subsection (9), or | ||
(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts. | ||
(9) The Minister may revoke guidelines under section 52 of the Act of 2000 that, by virtue of subsection (8), continue in force on and after the repeal of that section by section 6 . | ||
|
Considerations for issuance of National Planning Statement | ||
|
26. (1) In deciding to issue and in formulating or amending a National Planning Statement under section 25 , the Minister shall have regard to the desirability of setting out policy and providing guidance in relation to planning matters to support proper planning and sustainable development, including, but not limited to, the following: | ||
(a) preparation of regional spatial and economic strategies, development plans, urban area plans, priority area plans, coordinated area plans and development schemes; | ||
(b) the pattern, layout and format of development or of a particular type or types of development; | ||
(c) the pattern, layout and form of amenity space; | ||
(d) the promotion, regulation or restriction of development or of a particular type or types of development or a particular use or uses of land including housing and housing supply; | ||
(e) the objective of achieving consolidation and regeneration of urban centres, including consideration of appropriate density of residential and other development in cities and towns; | ||
(f) protection of the amenities, character and vitality of rural areas; | ||
(g) prevention, reduction, amelioration and mitigation of risks of environmental damage and risks to human health and safety from natural and man-made causes, including from flooding, and the factoring of such risks in the location of development; | ||
(h) the promotion and regulation of renewable energy development in appropriate locations; | ||
(i) protection of landscapes, and features of natural, archaeological, architectural and cultural heritage of value; | ||
(j) protection of structures, parts of structures, or specified features of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest; | ||
(k) preserving the character of architectural conservation areas; | ||
(l) creation of conditions conducive to commercial and industrial development and the creation of employment at appropriate locations; | ||
(m) promotion of sustainable settlement patterns and transportation strategies in urban and rural areas including measures— | ||
(i) to reduce anthropogenic greenhouse gas emissions, | ||
(ii) to support adaptation to and mitigation of climate change, | ||
(iii) as are necessary to achieve the national climate objective, and | ||
(iv) to support the circular economy strategy (within the meaning of section 6 of the Circular Economy and Miscellaneous Provisions Act 2022 ); | ||
(n) integration of appropriate architectural urban design and quality standards into development plans, urban area plans, priority area plans, coordinated area plans, the preparation of development schemes and the assessment of any application for development consent under Part 4 ; | ||
(o) the performance by regional assemblies, planning authorities and the Commission of any of their functions under this Act; | ||
(p) integration of relevant climate action related policies and measures of the Government, including those prepared pursuant to the Climate Action and Low Carbon Development Act 2015 , into regional spatial and economic strategies, development plans, urban area plans, priority area plans and coordinated area plans; | ||
(q) integration of relevant policies and measures of the Government relating to biodiversity, including those in respect of the National Biodiversity Action Plan, into regional spatial and economic strategies, development plans, urban area plans, priority area plans and coordinated area plans. | ||
(2) Before issuing a National Planning Statement, the Minister may consult— | ||
(a) such other Ministers of the Government as the Minister considers appropriate, | ||
(b) such public bodies as the Minister considers appropriate, | ||
(c) any stakeholders or other persons the Minister considers appropriate, and | ||
(d) members of the public. | ||
(3) Where the Minister consults a person under subsection (2), the Minister shall have regard to any observations received before issuing a National Planning Statement. | ||
(4) Before issuing a National Planning Statement, the Minister shall— | ||
(a) determine whether the National Planning Statement which the Minister intends to issue is a plan or programme which comes within the scope of the requirements of the Strategic Environmental Assessment Directive, and, if so, determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is likely to have significant effects on the environment such that a strategic environmental assessment is required, | ||
(b) determine, in accordance with Part 6 , whether it is necessary to carry out an appropriate assessment, and | ||
(c) publish the determinations made under paragraphs (a) and (b) on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage. | ||
(5) Where the Minister determines under subsection (4) that it is necessary to carry out a strategic environmental assessment or an appropriate assessment, the Minister shall, prior to issuing a National Planning Statement— | ||
(a) conduct the strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations and this section or the appropriate assessment in accordance with Part 6 (and the Minister shall be the competent authority (within the meaning of Part 6 ) for the purposes of conducting such assessments), and | ||
(b) consult members of the public. | ||
(6) Where the Minister determines under subsection (4) that it is necessary to carry out a strategic environmental assessment or an appropriate assessment, the Minister shall— | ||
(a) publish— | ||
(i) a draft of the proposed National Planning Statement, and | ||
(ii) a copy of the environmental report or the Natura impact report, as the case may be, | ||
(b) invite observations on the documents published under paragraph (a) before the expiry of such period as may be specified in the notice, and | ||
(c) take account of any observations received before the expiry of the period specified in the notice. | ||
(7) Where the Minister, having taken account of any observations received under paragraph (c) of subsection (6), proposes to make amendments to the draft National Planning Statement, he or she shall determine whether it is necessary to carry out a strategic environmental assessment or an appropriate assessment in respect of the proposed amendments. | ||
(8) Subject to subsection (9), where, pursuant to a screening assessment carried out under subsection (7), the Minister determines that the proposed amendments to the draft National Planning Statement require to be the subject of a strategic environmental assessment or an appropriate assessment, the procedure set out in subsection (6) shall be carried out in relation to the proposed amendments. | ||
(9) Where the procedure set out in subsection (6) is carried out in relation to proposed amendments to a draft National Planning Statement in accordance with subsection (8), the Minister shall, in taking account of any observations received under paragraph (c) of subsection (6) in relation to the proposed amendments, determine whether to issue the draft National Planning Statement with or without the proposed amendments subject only to any minor modifications that he or she considers necessary. | ||
(10) For the purposes of subsection (9), a modification shall be deemed to be minor where— | ||
(a) it does not substantively or materially alter the draft National Planning Statement, and | ||
(b) it is not likely to have significant effects on the environment or on any European site. | ||
(11) For the purposes of conducting a screening assessment, strategic environmental assessment or appropriate assessment under this section, the Strategic Environmental Assessment Regulations or Part 6 , the Minister may adopt, with or without modification, any such assessment carried out by a Department of State or consultant retained on behalf of the Minister. | ||
(12) Subsections (2) to (11) shall apply to the amendment or revocation of a National Planning Statement as they apply to the issuance of a National Planning Statement and in the case of an amendment, a reference in subsections (6) to (10) to a draft National Planning Statement shall be construed as a reference to a draft of the proposed amendment. | ||
|
Continuation in force of pre-commencement Ministerial guidelines | ||
|
27. (1) Notwithstanding the repeal of section 28 of the Act of 2000 effected by section 6 , any guideline issued under the said section 28 that was in force immediately before that repeal shall continue in force on and after that repeal until— | ||
(a) revoked by the Minister under subsection (3), or | ||
(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts. | ||
(2) Any guidelines continued in force under subsection (1) shall be deemed to be National Planning Policy Guidance issued under this Chapter. | ||
(3) The Minister may revoke any guidelines continued in force under subsection (1). | ||
(4) Prior to revoking any guidelines under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Directive Regulations) and the Habitats Directive (and Part 6 ). | ||
(5) A reference in any guidelines continued in force under subsection (1) to a provision of the Act of 2000 shall be read as a reference to the provisions of this Act relating to the same subject-matter. | ||
|
Chapter 4 Regional Spatial and Economic Strategies | ||
|
Regional spatial and economic strategy | ||
|
28. (1) A regional assembly shall, in accordance with this Chapter, make a long-term strategic planning and economic framework for the development of its region, which shall make provision for the matters set out in section 29 (in this Act referred to as a “regional spatial and economic strategy”). | ||
(2) The objectives of a regional spatial and economic strategy shall be to support— | ||
(a) the implementation of the National Planning Framework, and | ||
(b) the economic policies and objectives of the Government. | ||
(3) A regional spatial and economic strategy shall be in accordance with— | ||
(a) the principles of proper planning and sustainable development, and | ||
(b) the economic policies and objectives of the Government. | ||
(4) A regional spatial and economic strategy shall make provision for a period that is not less than 10 years and not more than 20 years. | ||
(5) A regional spatial and economic strategy shall be materially consistent with— | ||
(a) the National Planning Framework, | ||
(b) the National Marine Planning Framework, and | ||
(c) any relevant National Planning Policies and Measures. | ||
(6) The Minister may make regulations concerning the preparation, making and revision of regional spatial and economic strategies and related matters. | ||
(7) Without prejudice to the generality of subsection (6), regulations made under that subsection may direct two or more regional assemblies— | ||
(a) to prepare and make a regional spatial and economic strategy jointly in respect of— | ||
(i) the combined regions of those regional assemblies, or | ||
(ii) such part of the combined regions of those regional assemblies as may be specified in the regulations, | ||
and | ||
(b) to cooperate in respect of such other matters as may be prescribed. | ||
|
Content of regional spatial and economic strategy | ||
|
29. (1) A regional spatial and economic strategy shall make provision for the following matters: | ||
(a) the identification of sustainable settlement patterns and transportation strategies in urban and rural areas; | ||
(b) the strategic location of employment-related development and industrial and commercial development; | ||
(c) a strategy relating to retail matters, including consideration of the location of retail development; | ||
(d) the location of housing, including provision to meet any national and regional population growth targets set out in the National Planning Framework as between the functional areas of the planning authorities in the region and the relevant population and housing targets to be included in the housing development strategy of each planning authority; | ||
(e) a strategy relating to onshore renewable energy to— | ||
(i) meet national targets, | ||
(ii) identify and facilitate electricity grid infrastructure, including upgrade projects and support infrastructure, | ||
(iii) make provision for energy security, and | ||
(iv) promote steps for coordination and cooperation between public bodies; | ||
(f) a strategy relating to climate change adaptation and mitigation that is consistent with national policies and measures, including those prepared pursuant to the Climate Action and Low Carbon Development Act 2015 , which provides for the coordination of public bodies in pursuance of the strategy; | ||
(g) a strategy relating to marine and coastal matters that facilitates the coordination of land-sea interactions for coastal planning authorities within the region; | ||
(h) coastal zone management as a consequence of sea level change, including the identification of strategic infrastructure; | ||
(i) the provision of transportation (including public transportation), water services, energy and communications networks and waste management facilities; | ||
(j) the identification of facilities relating to third level education, healthcare and sports of such scale as would serve the region; | ||
(k) the preservation and protection of the environment and its amenities, including integration of the National Biodiversity Action Plan and the archaeological, architectural and natural heritage of the region; | ||
(l) as appropriate, the protection of the linguistic and cultural heritage of the Gaeltacht; | ||
(m) a strategy relating to landscape and landscape character that coordinates the categorisation of landscapes, in terms of their capacity to absorb particular types of development, across the region so as to ensure a consistent approach to the protection of the landscape; | ||
(n) a strategy relating to economic matters that— | ||
(i) identifies regional strengths and opportunities having regard to economic and employment trends, | ||
(ii) identifies the regional attributes that are essential to enhancing regional economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities, | ||
(iii) sets out proposals to maintain or augment the attributes referred to in subparagraph (ii) in such manner as will be implemented under the strategy through the activities of public bodies, private sector investment and the community, and | ||
(iv) identifies the means of maintaining and augmenting overall regional economic performance in accordance with national economic policy; | ||
(o) a flooding and flood management plan for the region; | ||
(p) a statement of the actions being taken (or proposed) for the purpose of ensuring the effective integration of transport and land-use planning, including in particular— | ||
(i) a statement explaining how the regional spatial and economic strategy proposes to make provision in relation to the matters identified in— | ||
(I) any relevant transport strategy of the National Transport Authority, | ||
(II) the report of the National Transport Authority prepared in accordance with subsection (11) of section 31 , and | ||
(III) the observations of the National Transport Authority submitted in accordance with subsection (10) of section 32 , | ||
and | ||
(ii) where it is not proposed that the regional spatial and economic strategy should make provision in relation to any matter identified in the strategy, report or observations referred to in subparagraph (i), a statement of the reasons for that decision; | ||
(q) a statement confirming that the regional spatial and economic strategy is materially consistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, and | ||
(iii) any relevant National Planning Policies and Measures; | ||
(r) a statement demonstrating how due account has been taken, in the regional spatial and economic strategy, of any relevant National Planning Policy Guidance and, where the strategy departs from any relevant National Planning Policy Guidance, a statement of the reasons why, in the opinion of the regional assembly, such departure is justified having regard to the proper planning and sustainable development of the region. | ||
(2) Where a city specified in subsection (3) is within the region to which a regional spatial and economic strategy relates, the regional spatial and economic strategy shall include an integrated land-use and transportation strategy for the metropolitan area (in this Part referred to as a “metropolitan area strategic plan”), which shall be consistent with the regional spatial and economic strategy concerned. | ||
(3) The cities referred to in subsection (2) are: | ||
(a) Dublin; | ||
(b) Cork; | ||
(c) Limerick; | ||
(d) Galway; | ||
(e) Waterford; | ||
(f) such other city as may be prescribed. | ||
(4) Where a part of the metropolitan area of any city is located within a region to which a regional spatial and economic strategy relates notwithstanding that the city or the centre of the city concerned is located outside that region or outside the State, the regional spatial and economic strategy may include a metropolitan area strategic plan in respect of that part of the metropolitan area, which shall be consistent with the regional spatial and economic strategy concerned. | ||
(5) For the purposes of subsections (2) and (4), the “metropolitan area” of a city means the area consisting of the city and its surrounding area approximating to the extent of its commuting zone. | ||
(6) A regional spatial and economic strategy may include objectives for the development of a specific part of the region which is designated as a strategic planning area (within the meaning of the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 ( S.I. No. 573 of 2014 )). | ||
(7) Where a regional spatial and economic strategy includes objectives under subsection (6), the objectives shall be consistent with the other provisions of the regional spatial and economic strategy concerned. | ||
(8) A regional spatial and economic strategy shall identify and designate any key town in the region. | ||
(9) For the purposes of subsection (8) a key town is a large, economically active settlement that provides employment and services for its surrounding area and has the capacity to complement a regional growth centre. | ||
(10) Where the conditions in subsection (11) apply in relation to a settlement or a part of the urban area of a settlement, a regional spatial and economic strategy shall include provision— | ||
(a) identifying the settlement or the part of the urban area of a settlement, | ||
(b) requiring the preparation of a coordinated area plan for the settlement or the part of the urban area of a settlement identified in paragraph (a), | ||
(c) designating, in accordance with subsection (12), a planning authority to be the principal planning authority for the purposes of Chapter 6, | ||
(d) designating any other planning authority in whose functional area the settlement or the part of the urban area concerned is situate to be an associate planning authority for the purposes of Chapter 6, | ||
(e) specifying the number of members from each planning authority referred to in paragraphs (c) and (d) to be appointed under subsection (3) of section 73 to the coordinated area plan committee, | ||
(f) identifying any planned population growth and associated housing development needs in the settlement or part of the urban area of a settlement in respect of which a coordinated area plan is to be made, | ||
(g) identifying the amount of land required to accommodate the housing development needs referred to in paragraph (f), | ||
(h) identifying the amount of land required as between the principal planning authority and the associate planning authority, taking account of the proper planning and sustainable development of the settlement or the part of the urban area of a settlement concerned, including, in particular, the achievement of compact urban development, and | ||
(i) specifying directions in relation to the appointment of a coordinated area plan committee, in accordance with the requirements of section 73 . | ||
(11) The conditions referred to in subsection (10) are that— | ||
(a) the settlement, or the part of the urban area of a settlement, is within the functional area of more than one planning authority, and | ||
(b) the regional assembly considers that the growth of the settlement, or the part of the urban area of a settlement, concerned is important to the population growth or employment growth of one or more of the relevant functional areas during the period to which any development plan applicable to any such relevant functional area relates. | ||
(12) In determining which planning authority is to be designated as the principal planning authority, a regional assembly shall take account of— | ||
(a) where relevant, the location of the town centre of the settlement or the part of the urban area of a settlement, | ||
(b) the extent to which the settlement or the part of the urban area of a settlement is located within the respective functional areas of the planning authorities concerned, and | ||
(c) the amount of population growth or employment growth allocated by the regional assembly to the respective functional areas of the planning authorities concerned. | ||
(13) A regional spatial and economic strategy and a metropolitan area strategic plan within such a strategy shall include measures to secure the effective implementation and monitoring of the regional spatial and economic strategy and metropolitan area strategic plan, including— | ||
(a) an indication of priorities for infrastructure of scale relating to transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, healthcare, retail, cultural and recreational facilities, | ||
(b) without prejudice to the generality of paragraph (a), an order of priority for infrastructure provision, | ||
(c) potential sources of funding for infrastructure, | ||
(d) cross-sectoral investment and actions required to deliver planned growth and development, | ||
(e) coordination between constituent local authorities, and the cooperation of public bodies, and | ||
(f) the monitoring and reporting arrangements required to measure and evaluate progress in implementing the regional spatial and economic strategy and metropolitan area strategic plan. | ||
|
Review of regional spatial and economic strategy | ||
|
30. (1) Not later than 6 months after the publication of a revised or new National Planning Framework by the Government under Chapter 2, a regional assembly shall commence a review of any regional spatial and economic strategy for its region for the time being in force. | ||
(2) Where a regional assembly reviews a regional spatial and economic strategy, it shall— | ||
(a) make a new regional spatial and economic strategy in accordance with section 32 , | ||
(b) revise the existing regional spatial and economic strategy in accordance with section 32 , or | ||
(c) determine that no new regional spatial and economic strategy or revision is required and publish a statement explaining the reasons for that determination of the regional assembly. | ||
(3) In carrying out a review under this section, a regional assembly shall— | ||
(a) ensure that the regional spatial and economic strategy for its region is materially consistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, and | ||
(iii) any relevant National Planning Policies and Measures, | ||
(b) take due account of— | ||
(i) any relevant National Planning Policy Guidance, | ||
(ii) matters relevant to the preparation and making of a regional spatial and economic strategy under this Act, | ||
(iii) the content of any monitoring reports prepared in accordance with section 35 since the making or revision of the regional spatial and economic strategy, | ||
(iv) any relevant strategy of the National Transport Authority, and | ||
(v) such other matters as may be prescribed, | ||
and | ||
(c) have regard to the marine planning policy statement prepared and published under section 6 of the Act of 2021. | ||
|
Consultation about proposed new or revised regional spatial and economic strategy | ||
|
31. (1) Before making or revising a regional spatial and economic strategy in accordance with section 32 , a regional assembly shall— | ||
(a) make such arrangements as may be necessary for the making or revision of a new regional spatial and economic strategy, | ||
(b) consult— | ||
(i) the local authorities within the region (or part thereof, as the case may be), | ||
(ii) the Minister, | ||
(iii) the Office of the Planning Regulator, | ||
(iv) the Maritime Area Regulatory Authority, | ||
(v) the National Transport Authority, | ||
(vi) such of the following persons as the regional assembly considers appropriate— | ||
(I) other Ministers of Government, | ||
(II) other regional assemblies, | ||
(III) other public bodies, | ||
and | ||
(vii) such other persons as may be prescribed, | ||
and | ||
(c) publish a notice of its intention to make or revise a regional spatial and economic strategy on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the region. | ||
(2) A notice under paragraph (c) of subsection (1) shall— | ||
(a) state that the regional assembly intends to make or revise a regional spatial and economic strategy, | ||
(b) indicate the matters to be considered in a regional spatial and economic strategy, having regard to the requirements of section 29 , and | ||
(c) indicate that observations regarding the making or revision of a regional spatial and economic strategy may be made in writing to the regional assembly within a period specified in the notice (which shall not be less than 8 weeks after the date of the notice). | ||
(3) (a) The regional assembly shall send a copy of the notice published under paragraph (c) of subsection (1) to— | ||
(i) any person to be consulted under paragraph (b) of subsection (1), and | ||
(ii) the Commission. | ||
(b) A copy of a notice sent under paragraph (a) to a local authority within the region (or part thereof, as the case may be) may be accompanied by a request by the regional assembly for assistance in the making or revision of a new regional spatial and economic strategy. | ||
(4) Subject to subsection (5), a local authority which receives a notice and request under subsection (3) shall assist and cooperate with a regional assembly in making the arrangements referred to in paragraph (a) of subsection (1) and shall in particular agree upon— | ||
(a) a procedure for preparing and making a regional spatial and economic strategy, or a revision to an existing strategy, in accordance with section 32 , | ||
(b) the establishment of committees to oversee and consider the preparation of the regional spatial and economic strategy or revision, | ||
(c) the membership of the committees referred to in paragraph (b), and | ||
(d) the roles of those committees in— | ||
(i) preparing the draft regional spatial and economic strategy or draft revision, | ||
(ii) considering observations received under this section and section 32 , and | ||
(iii) drawing up such reports as may be necessary. | ||
(5) If agreement is not reached between a regional assembly and a local authority under subsection (4) within 4 weeks of the sending of a notice and request under subsection (3) or such longer period not exceeding 8 weeks as the regional assembly considers reasonable, the regional assembly shall notify the Minister and the Minister may direct the local authority to cooperate with the regional assembly on such terms as are specified in the direction. | ||
(6) A local authority shall comply with a direction made by the Minister under subsection (5). | ||
(7) The provision of assistance under subsection (4) shall include the provision of— | ||
(a) reasonable financial assistance, | ||
(b) services of staff, | ||
(c) accommodation, and | ||
(d) such other assistance as may be reasonably required. | ||
(8) The provision of assistance under subsection (4) shall be based on the proportion of the population of the region to which a regional spatial and economic strategy relates who are resident in the functional areas of the local authorities concerned. | ||
(9) A reasonable request for assistance made by a regional assembly by virtue of paragraph (b) of subsection (3) shall not be refused by a local authority, and any dispute as to the reasonableness of such request shall be referred to the Minister for adjudication having regard to subsection (7). | ||
(10) Any Minister of the Government or other public body consulted under subsection (1) shall— | ||
(a) insofar as is practicable, assist and cooperate with the regional assembly in the preparation of a regional spatial and economic strategy or a revision to an existing regional spatial and economic strategy, and | ||
(b) take such steps as are reasonable and appropriate to support the implementation of the regional spatial and economic strategy. | ||
(11) On receipt of a notice published under paragraph (c) of subsection (1), the National Transport Authority shall, within the period specified in that notice in accordance with paragraph (c) of subsection (2), submit to the regional assembly a report on any matters which, in its opinion, should be considered by the regional assembly in making or revising the regional spatial and economic strategy and such a report shall set out— | ||
(a) the matters which, in the opinion of the National Transport Authority, should be considered by the regional assembly in the preparation of the draft regional spatial and economic strategy or draft revision to an existing strategy, | ||
(b) recommendations on the matters that require to be included in the draft regional spatial and economic strategy or draft revision to an existing strategy to ensure the effective integration of transport and land-use planning, and | ||
(c) any recommendations on the matters that require to be included in the draft regional spatial and economic strategy having regard to a relevant transport strategy of the National Transport Authority, | ||
and the Authority shall furnish a copy of the report submitted to the regional assembly under this subsection to the Minister, the Minister for Transport and the Office of the Planning Regulator. | ||
(12) In making or revising a regional spatial and economic strategy, a regional assembly shall coordinate the development of the regional spatial and economic strategy, or the revision of it, in a manner that is, to the greatest extent possible, consistent with the policies of any public bodies consulted under this section. | ||
|
Preparation or revision of regional spatial and economic strategy: process | ||
|
32. (1) As soon as practicable after agreeing any necessary arrangements under section 31 , a regional assembly shall prepare a draft regional spatial and economic strategy or a draft revision to an existing strategy, as the case may be. | ||
(2) In preparing a draft regional spatial and economic strategy or draft revision to an existing strategy, the regional assembly shall— | ||
(a) ensure that the draft regional spatial and economic strategy or draft revision to an existing strategy is materially consistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, and | ||
(iii) any relevant National Planning Policies and Measures, | ||
(b) take due account of— | ||
(i) any relevant National Planning Policy Guidance, | ||
(ii) the proper planning and sustainable development of the region to which the regional spatial and economic strategy relates, | ||
(iii) any other relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic policies, | ||
(iv) where a regional spatial and economic strategy affects the Gaeltacht, the need to protect the linguistic and cultural heritage of the Gaeltacht, and | ||
(v) any relevant transport strategy of the National Transport Authority, | ||
and | ||
(c) have regard to the marine planning policy statement prepared and published under section 6 of the Act of 2021. | ||
(3) Before preparing a draft regional spatial and economic strategy or a draft revision to an existing strategy, a regional assembly shall consider any observations received under paragraph (c) of subsection (2) of section 31 . | ||
(4) The preparation, making and revision of a regional spatial and economic strategy shall be subject to the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ). | ||
(5) A regional assembly shall conduct a strategic environmental assessment of a draft regional spatial and economic strategy in accordance with the Strategic Environmental Assessment Regulations. | ||
(6) Before revising a regional spatial and economic strategy, a regional assembly shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry a strategic environmental assessment of the proposed revision and, where it determines that it is necessary to do so, it shall conduct a strategic environmental assessment of the proposed revision in accordance with those Regulations. | ||
(7) Before making or revising a regional spatial and economic strategy, a regional assembly shall determine, in accordance with Part 6 , whether it is necessary to conduct an appropriate assessment and where it determines that it is necessary to do so, it shall carry out an appropriate assessment in accordance with that Part. | ||
(8) As soon as practicable after preparing a draft regional spatial and economic strategy or draft revision to an existing strategy, a regional assembly shall— | ||
(a) send notice and a copy of the draft strategy or draft revision to any person consulted under paragraph (b) of subsection (1) of section 31 , and | ||
(b) publish notice of the draft on a website maintained by or on behalf of the assembly and in at least one newspaper circulating in its region. | ||
(9) A notice under paragraph (b) of subsection (8) shall state— | ||
(a) that a copy of— | ||
(i) the draft strategy or draft revision, | ||
(ii) any determination made under subsection (6) or (7), | ||
(iii) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and | ||
(iv) any Natura impact report prepared in accordance with Part 6 , may be inspected at a place specified in the notice at times so specified and on a website maintained by or on behalf of the regional assembly during a period (being not less than 10 weeks from the date of the notice) so specified, | ||
and | ||
(b) that observations with respect to the draft strategy or draft revision made to the regional assembly in writing within a period specified in the notice (being not less than 10 weeks from the date of the notice) shall be taken into consideration before the regional spatial and economic strategy or revision to the strategy is made. | ||
(10) On receipt of a notice and draft strategy or draft revision sent under paragraph (a) of subsection (8), the National Transport Authority shall, within the period specified in the notice in accordance with paragraph (b) of subsection (9), submit observations in writing to the regional assembly which shall— | ||
(a) state whether the National Transport Authority considers that the draft regional spatial and economic strategy or draft revision to the strategy takes due account of any relevant transport strategy of the National Transport Authority, and | ||
(b) where it considers that the draft regional spatial and economic strategy or draft revision does not take due account of such a transport strategy, set out the recommendations of the National Transport Authority as to the amendments that it considers should be made to the draft strategy or draft revision. | ||
(11) A regional assembly shall have regard to any— | ||
(a) observations and recommendations received by virtue of paragraph (b) of subsection (9) or (10), and | ||
(b) report from the committees referred to in subsection (4) of section 31 . | ||
(12) Where, having complied with subsection (11), a regional assembly does not propose to make a material amendment to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall, subject to section 33 , make the regional spatial and economic strategy or revision, as the case may be, subject to any minor modifications that it considers necessary. | ||
(13) For the purposes of subsection (12), a modification shall be deemed to be minor where— | ||
(a) it does not substantially or materially alter the draft regional spatial and economic strategy or draft revision, and | ||
(b) it is not likely to have significant effects on the environment or on any European site. | ||
(14) The making of a regional spatial and economic strategy or a revision to an existing strategy under subsection (12) shall be a matter for the members of the regional assembly concerned. | ||
(15) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (12), the members of the regional assembly do not comply with any observations made by the Minister or the Office of the Planning Regulator under paragraph (b) of subsection (9), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the observation concerned. | ||
(16) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (12), the members of the regional assembly do not comply with any recommendation made by the National Transport Authority under paragraph (b) of subsection (10), they shall— | ||
(a) so inform the National Transport Authority as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned, and | ||
(b) provide a copy of such notice to the Minister and the Office of the Planning Regulator. | ||
(17) A failure to comply with subsection (1) of section 30 , subsections (5) and (11) of section 31 , subsections (3) and (4) of section 33 and subsection (10) within the time period specified therein shall not of itself invalidate a regional spatial and economic strategy. | ||
|
Material alteration to draft regional spatial and economic strategy or draft revision | ||
|
33. (1) Where, having complied with subsection (11) of section 32 , a regional assembly proposes to make a material alteration to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry out a strategic environmental assessment of the proposed material alteration, and where it determines that it is necessary to do so, it shall conduct a strategic environmental assessment in accordance with those Regulations. | ||
(2) Where, having complied with subsection (11) of section 32 , a regional assembly proposes to make a material alteration to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall determine in accordance with Part 6 whether it is necessary to conduct an appropriate assessment and where it determines that it is necessary to do so, it shall carry out an appropriate assessment in accordance with that Part. | ||
(3) The determinations referred to in subsections (1) and (2) shall be made within a period (being not more than 12 weeks from the proposal to make a material alteration) specified by the director of the regional assembly. | ||
(4) Any environmental report or Natura impact report requiring to be prepared on foot of a determination referred to in subsection (1) or (2) shall be prepared within a period (being not more than 12 weeks from the making of the determination) specified by the director of the regional assembly or such longer period as may be agreed with the Minister. | ||
(5) The regional assembly shall publish and make available for inspection— | ||
(a) the proposed material alteration, | ||
(b) the determinations referred to in subsections (1) and (2), and | ||
(c) a copy of any environmental report or Natura impact report referred to in subsection (4). | ||
(6) The regional assembly shall— | ||
(a) publish a notice on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the region which shall state— | ||
(i) that a copy of— | ||
(I) any proposed material alteration, | ||
(II) any determination referred to in subsection (1) or (2), and | ||
(III) any environmental report or Natura impact report, | ||
may be inspected at a place specified in the notice at a time so specified and on a website maintained by or on behalf of the regional assembly during a period (being not less than 6 weeks from the date of the notice) so specified, and | ||
(ii) that observations with respect to the proposed material alteration and any strategic environmental assessment or appropriate assessment required in respect of it made to the regional assembly in writing within a period (being not less than 6 weeks from the date of the notice) specified in the notice shall be taken into account by the regional assembly before the regional spatial and economic strategy, or revision, is made, | ||
and | ||
(b) send a copy of the notice published under paragraph (a) and the documents referred to in subparagraph (i) of paragraph (a) to any person consulted under paragraph (b) of subsection (1) of section 31 . | ||
(7) Following consideration of observations received under subsection (6), the regional assembly shall make the regional spatial and economic strategy, or the revision to an existing strategy, as the case may be, with or without the proposed material alteration, subject to any minor modifications that it considers necessary. | ||
(8) For the purposes of subsection (7), a modification shall be deemed to be minor where— | ||
(a) it does not substantially or materially alter the draft regional spatial and economic strategy or draft revision, and | ||
(b) it is not likely to have significant effects on the environment or on any European site. | ||
(9) The making of a regional spatial and economic strategy or a revision to an existing strategy under subsection (7) shall be a matter for the members of the regional assembly concerned. | ||
(10) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (7), the members of the regional assembly do not comply with any observations made by the Minister or the Office of the Planning Regulator under paragraph (b) of subsection (9) of section 32 or subsection (6), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the observation concerned. | ||
(11) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (7), the members of the regional assembly do not comply with any recommendation made by the National Transport Authority under paragraph (b) of subsection (10) of section 32 or subsection (6), they shall— | ||
(a) so inform the National Transport Authority as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned, and | ||
(b) provide a copy of such notice to the Minister and the Office of the Planning Regulator. | ||
|
Publication of regional spatial and economic strategy | ||
|
34. (1) Where a regional assembly makes a regional spatial and economic strategy or a revision to an existing strategy, it shall, within 4 weeks of the making of the strategy or revision, as the case may be— | ||
(a) publish notice of the making of the strategy or the revision on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the functional area of each local authority in the region for which the strategy is prepared, | ||
(b) send a copy of the notice to the persons specified in subsection (3), and | ||
(c) send a copy of the new regional spatial and economic strategy, or the strategy as revised, and any observations made by the Minister and the National Transport Authority under sections 32 and 33 to the Office of the Planning Regulator. | ||
(2) A notice under this section shall— | ||
(a) state that a copy of the new regional spatial and economic strategy, or the strategy as revised, is available for inspection at a place specified in the notice and on a website maintained by or on behalf of the regional assembly, and | ||
(b) comply with any applicable requirements of the Strategic Environmental Assessment Regulations and Part 6 . | ||
(3) The persons referred to in paragraph (b) of subsection (1) are— | ||
(a) the Minister, | ||
(b) the Office of the Planning Regulator, | ||
(c) the Commission, | ||
(d) the Maritime Area Regulatory Authority, | ||
(e) the National Transport Authority, | ||
(f) the local authorities within the regional assembly’s region, | ||
(g) other regional assemblies, | ||
(h) such other persons as may be prescribed, and | ||
(i) such other persons as the regional assembly considers appropriate. | ||
(4) A regional spatial and economic strategy, or a revision of an existing strategy, shall take effect 6 weeks after the date on which it is made by the regional assembly under section 32 or 33 . | ||
|
Implementation and monitoring of regional spatial and economic strategy | ||
|
35. (1) A regional assembly shall keep the implementation of the regional spatial and economic strategy for its region under review, having regard, in particular, to the monitoring and reporting arrangements included in the strategy in accordance with paragraph (f) of subsection (13) of section 29 . | ||
(2) A local authority within the region of a regional assembly shall, within 3 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and every 3 years thereafter, prepare and submit a report to the regional assembly setting out progress made in supporting the objectives, relevant to that local authority, of the regional spatial and economic strategy. | ||
(3) A regional assembly may, within 3 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and thereafter within 3 years of the preparation of a report under subsection (4), request any person referred to in paragraph (b) of subsection (1) of section 31 to prepare and submit a report to the regional assembly setting out progress made in supporting the objectives, relevant to that person, of the regional spatial and economic strategy. | ||
(4) A regional assembly shall, within 4 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and every 4 years thereafter, prepare a report (in this section referred to as a “monitoring report”) monitoring progress made in implementing the regional spatial and economic strategy. | ||
(5) The monitoring report— | ||
(a) shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy (including any metropolitan area strategic plan), and | ||
(b) may make any recommendations considered necessary in order to implement the regional spatial and economic strategy. | ||
(6) A regional assembly shall send a copy of the monitoring report prepared by it to the Office of the Planning Regulator. | ||
(7) The Office of the Planning Regulator— | ||
(a) shall consider the monitoring report of each regional assembly, and | ||
(b) may make recommendations to the Minister in relation to measures required to support the implementation of the regional spatial and economic strategy concerned. | ||
|
Consequences of new or amended National Planning Statement for regional spatial and economic strategy | ||
|
36. (1) Where the Minister issues or amends a National Planning Statement, each regional assembly shall, within 2 months of publication of the new or amended National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the regional spatial and economic strategy in force for its region is materially consistent with the National Planning Policies and Measures. | ||
(2) Where a regional assembly is of the view that there is a material inconsistency for the purposes of subsection (1), the report referred to in that subsection shall set out the steps that the regional assembly proposes to take to amend its regional spatial and economic strategy so as to remove the material inconsistency concerned. | ||
(3) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is a material inconsistency for the purposes of that subsection and— | ||
(a) is satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned— | ||
(i) the Office of the Planning Regulator shall, as soon as practicable thereafter, so inform the regional assembly, and | ||
(ii) the director of the regional assembly shall invoke the expedited amendment procedure set out in section 37 , | ||
or | ||
(b) is not satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by— | ||
(i) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and | ||
(ii) a statement of reasons for the recommendation. | ||
(4) Where a regional assembly fails to submit a report in accordance with subsection (1) and the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of that subsection, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by— | ||
(a) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and | ||
(b) a statement of reasons for the recommendation. | ||
(5) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is satisfied that there is no material inconsistency for the purposes of that subsection, it shall, as soon as practicable thereafter, so inform the regional assembly. | ||
(6) The Office of the Planning Regulator shall notify the regional assembly concerned of a recommendation under paragraph (b) of subsection (3) or subsection (4) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections. | ||
(7) Subject to subsections (8) and (9), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under paragraph (b) of subsection (3) or subsection (4)— | ||
(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and | ||
(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 39 , whether with or without modifications. | ||
(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 39 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1), and | ||
(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under paragraph (b) of subsection (3) or subsection (4), with or without such modifications as may be specified by the Minister in the direction. | ||
(9) Where the Minister decides under subsection (7) that a draft direction should not be issued under section 39 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1) and his or her reasons for deciding that a draft direction should not be issued, and | ||
(b) direct the Office of the Planning Regulator not to issue the draft direction. | ||
(10) The Office of the Planning Regulator shall provide the Minister with a copy of a report submitted to it under subsection (1) and shall advise the Minister of any decision made by the Office of the Planning Regulator under paragraph (a) of subsection (3) or subsection (5). | ||
(11) A direction issued under paragraph (b) of subsection (9) shall be laid before each House of the Oireachtas by the Minister. | ||
|
Expedited amendment of regional spatial and economic strategy | ||
|
37. (1) This section applies where amendments to a regional spatial and economic strategy for the time being in force— | ||
(a) are necessitated by the issuance of a new or amended National Planning Statement, | ||
(b) are being made for the purposes of ensuring that the regional spatial and economic strategy concerned is materially consistent with National Planning Policies and Measures contained in such a statement, and | ||
(c) the Office of the Planning Regulator has informed the regional assembly under subparagraph (i) of paragraph (a) of subsection (3) of section 36 that it is satisfied with the steps proposed by the regional assembly under subsection (2) of that section. | ||
(2) Within 6 weeks of being informed by the Office of the Planning Regulator in accordance with subparagraph (i) of paragraph (a) of subsection (3) of section 36 that the Office of the Planning Regulator is satisfied with the steps proposed by a regional assembly under subsection (2) of that section, the director of the regional assembly shall prepare a draft amendment to the regional spatial and economic strategy concerned and shall conduct a screening assessment for strategic environmental assessment in respect of the draft amendment in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft amendment in accordance with Part 6 . | ||
(3) In carrying out any screening assessment under subsection (2), the director of the regional assembly shall, with a view to avoiding duplication of assessments, take account of the fact and content of any assessment that the Minister has conducted in respect of the relevant National Planning Statement. | ||
(4) Where the director of the regional assembly determines that a strategic environmental assessment, an appropriate assessment, or both, as the case may be, is or are required in respect of a draft amendment, the draft amendment may only be made by way of a revision to the regional spatial and economic strategy under subsections (8) to (16) of section 32 and may not be made under this section. | ||
(5) Where the director of the regional assembly determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft amendment, the director of the regional assembly shall propose the draft amendment to the members of the regional assembly for adoption by resolution. | ||
(6) Where the director of the regional assembly concerned proposes a draft amendment to the members of the regional assembly under subsection (5), the proposed amendment shall be deemed to have been made at the expiration of a period of 6 weeks from the proposal, unless the members of the regional assembly, within that period, by resolution accept or reject the proposed amendment. | ||
(7) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the publication requirements under subsections (1), (2) and (3) of section 34 shall apply in respect of the regional spatial and economic strategy as amended. | ||
(8) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the amendment shall take effect 2 weeks after the deemed making of the amendment. | ||
(9) Where, within the 6 week period referred to in subsection (6), the members of the regional assembly by resolution reject the amendment proposed by the director of the regional assembly concerned— | ||
(a) the director shall advise the Office of the Planning Regulator of this fact, and | ||
(b) the Office of the Planning Regulator shall consider whether to make a recommendation under subsection (10). | ||
(10) Where, following a resolution under subsection (9), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 36 , it shall make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by— | ||
(a) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and | ||
(b) a statement of reasons for the recommendation. | ||
(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (10)— | ||
(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and | ||
(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 39 , whether with or without modifications. | ||
(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 39 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (11) the material inconsistency for the purposes of subsection (1) of section 36 , and | ||
(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under subsection (10), with or without such modifications as may be specified by the Minister in the direction. | ||
(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 39 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (11) the material inconsistency for the purposes of subsection (1) of section 36 and his or her reasons for deciding that a draft direction should not be issued, and | ||
(b) direct the Office of the Planning Regulator not to issue the draft direction. | ||
(14) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister. | ||
|
Assessment of regional spatial economic strategy and revision by Office of Planning Regulator and recommendation to Minister | ||
|
38. (1) The Office of the Planning Regulator shall, upon being notified by a regional assembly under this Chapter of— | ||
(a) the making of a regional spatial and economic strategy, | ||
(b) the making of any revision of a regional spatial and economic strategy, or | ||
(c) the making of an amendment to a regional spatial and economic strategy under section 37 , | ||
carry out an assessment of the regional spatial and economic strategy, revision or amendment, as the case may be, by reference to the criteria set out in subsection (3). | ||
(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a regional spatial and economic strategy. | ||
(b) The Minister or a regional assembly may, at any time, notify the Office of the Planning Regulator of any provision in a regional spatial and economic strategy (including, in the case of notification by a regional assembly under this paragraph, a regional spatial and economic strategy that relates to the region of a different regional assembly) that the Minister or regional assembly believes to be materially inconsistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, or | ||
(iii) National Planning Policies and Measures. | ||
(c) Where the Office of the Planning Regulator receives a request under paragraph (a) or a notification under paragraph (b), it shall carry out an assessment of the regional spatial and economic strategy concerned in accordance with subsections (3) and (4). | ||
(d) The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a regional spatial and economic strategy in accordance with subsections (3) and (4). | ||
(3) In carrying out an assessment under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (8), in particular, consider— | ||
(a) the National Planning Framework, | ||
(b) the National Marine Planning Framework, | ||
(c) National Planning Policy and Measures, | ||
(d) National Planning Policy Guidance, | ||
(e) any relevant transport strategy published by the National Transport Authority, | ||
(f) any submissions and recommendations made by the Minister, the Office of the Planning Regulator, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft regional spatial and economic strategy or revision, or proposed material amendment thereto, and | ||
(g) the requirements of this Chapter. | ||
(4) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the regional spatial and economic strategy or any part or provision thereof should be suspended because it may be materially inconsistent with— | ||
(a) the National Planning Framework, | ||
(b) the National Marine Planning Framework, or | ||
(c) National Planning Policies and Measures, | ||
it may issue a notice to the regional assembly, which shall take effect immediately upon issuance and shall— | ||
(i) suspend the effect of the regional spatial and economic strategy or part or provision thereof concerned pending the completion of the assessment, and | ||
(ii) remain in effect pending the completion of the assessment and— | ||
(I) the issuance by the Office of the Planning Regulator of a draft direction under section 39 , in accordance with a direction of the Minister under paragraph (b) of subsection (12), | ||
(II) the issuance by the Minister of a direction under paragraph (b) of subsection (13) not to issue a draft direction, or | ||
(III) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (9) not to issue a draft direction. | ||
(5) Where the Office of the Planning Regulator issues a notice to a regional assembly under subsection (4), it shall on the same day provide a copy of the notice to the Minister and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator. | ||
(6) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)— | ||
(a) shall consult with the director and members of the regional assembly concerned, and | ||
(b) may— | ||
(i) require the director of the regional assembly concerned to provide it with such information as it considers necessary, and | ||
(ii) consult with any other person it considers necessary. | ||
(7) A director of a regional assembly shall furnish the Office of the Planning Regulator with any documentation or additional information that may be requested by the Office of the Planning Regulator, within the period specified in such a request. | ||
(8) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the regional spatial and economic strategy or regional spatial and economic strategy as revised or amended, as the case may be— | ||
(a) is materially inconsistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, or | ||
(iii) National Planning Policies and Measures, | ||
(b) departs from any relevant guidance set out in National Planning Policy Guidance and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region, | ||
(c) departs from any relevant transport strategy of the National Transport Authority and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region, or | ||
(d) is otherwise in contravention of a requirement of this Act, | ||
it shall make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by— | ||
(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and | ||
(ii) a statement of reasons for the recommendation. | ||
(9) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 39 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation. | ||
(10) The Office of the Planning Regulator shall notify the regional assembly concerned, and where applicable, any other regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (8) or (9) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections. | ||
(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (8)— | ||
(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and | ||
(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 39 , whether with or without modifications. | ||
(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 39 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met, and | ||
(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under subsection (8), with or without such modifications as may be specified by the Minister in the direction. | ||
(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 39 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and | ||
(b) direct the Office of the Planning Regulator not to issue the draft direction. | ||
(14) Where the Minister issues a direction under paragraph (b) of subsection (13) and the Office of the Planning Regulator has issued a notice to a regional assembly under subsection (4), the Office of the Planning Regulator shall notify the regional assembly concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (4). | ||
(15) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister. | ||
|
Issuance of draft direction by Office of Planning Regulator | ||
|
39. (1) On receipt of a direction of the Minister to issue a draft direction under this Chapter, the Office of the Planning Regulator shall within 10 working days, subject to subsection (4), issue a draft direction, which if issued to a regional assembly in a direction issued by the Minister under section 40 would require— | ||
(a) a regional spatial and economic strategy to be amended in the manner specified in the draft direction, and | ||
(b) the regional assembly to implement the amendment referred to in paragraph (a) and publish the regional spatial and economic strategy as so amended. | ||
(2) A draft direction issued under subsection (1) may identify any provision of a regional spatial and economic strategy that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 40 . | ||
(3) Where a draft direction issued under subsection (1) identifies a provision in accordance with subsection (2), the operation of the provision concerned shall be suspended from the date of the draft direction until the date a decision is made by the Minister under subsection (4) of section 40 . | ||
(4) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall— | ||
(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on the environment, and | ||
(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site. | ||
(5) (a) Where it is determined under paragraph (a) of subsection (4) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations. | ||
(b) Where it is determined under paragraph (b) of subsection (4) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6 . | ||
(6) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall— | ||
(a) publish a notice of the issuance of the draft direction on a website maintained by or on behalf of the Office of the Planning Regulator and in one or more newspapers circulating in the region of the regional assembly that made the regional spatial and economic strategy concerned, | ||
(b) direct the regional assembly to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the regional assembly, and | ||
(c) send a copy of the notice published under paragraph (a), together with a copy of the draft direction, to— | ||
(i) the Minister, | ||
(ii) the director of the regional assembly, | ||
(iii) the members of the regional assembly concerned, | ||
(iv) where the region of the regional assembly includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(v) the Commission, | ||
(vi) the National Transport Authority, and | ||
(vii) any other body, as the Office of the Planning Regulator considers appropriate. | ||
(7) A notice published under paragraph (a) of subsection (6) shall— | ||
(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1), | ||
(b) state that a determination has been made that strategic environmental assessment, or appropriate assessment, or both, as the case may be, is or is not required in respect of the draft direction, | ||
(c) state that copies of the draft direction, determinations made in accordance with subsection (4) and any environmental report or Natura impact report prepared in accordance with subsection (5) will be made available for inspection by members of the public at such place and for such period as is specified in the notice, | ||
(d) state that such copies will also be available for inspection on the website maintained by or on behalf of the Office of the Planning Regulator and of the regional assembly concerned, | ||
(e) invite written submissions with respect to the draft direction and, where applicable, the strategic environmental assessment or appropriate assessment, before the expiration of such period (being not less than 4 weeks from the date of the notice) as is specified in the notice, and | ||
(f) state that any such submissions made within the period specified in the notice shall be taken into account by the Office of the Planning Regulator in making a recommendation to the Minister as to whether to issue a direction in the terms of the draft direction and in the summary of submissions submitted to the Minister under subsection (12), which will be considered by the Minister in deciding whether to issue a direction under section 40 . | ||
(8) Subject to subsections (9), (10) and (11), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (6), and having considered any submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the director and members of the regional assembly— | ||
(a) recommend that the Minister issue a direction under section 40 in the terms of the draft direction, | ||
(b) recommend that the Minister issue a direction under section 40 in an amended form to take account of any submissions made pursuant to subsection (7), or | ||
(c) recommend that the Minister not issue a direction under section 40 . | ||
(9) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (8), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 38 . | ||
(10) (a) Where it is determined under paragraph (a) of subsection (4) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (8), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue. | ||
(b) Where it is determined under paragraph (b) of subsection (4) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (8), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue. | ||
(11) A recommendation to the Minister under subsection (8) shall be accompanied by a report of the Office of the Planning Regulator setting out— | ||
(a) a copy of the draft direction issued under subsection (1), | ||
(b) a summary of any written submissions received from the director and members of the regional assembly in relation to the draft direction, | ||
(c) a summary of any written submissions received from any other person in relation to the draft direction (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis), | ||
(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c), | ||
(e) the reasons for the recommendation of the Office of the Planning Regulator, | ||
(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 40 in an amended form, a copy of the proposed amended draft direction, and | ||
(g) where required, the strategic environmental assessment or appropriate assessment, or both, as the case may be, carried out by the Office of the Planning Regulator under subsection (10) in relation to the direction which it is recommending that the Minister issue. | ||
(12) A copy of the recommendation and report sent to the Minister under subsections (8) and (11), and any submissions made in relation to the draft direction, shall be— | ||
(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and | ||
(b) sent to the regional assembly concerned. | ||
(13) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section. | ||
|
Power of Minister to issue direction | ||
|
40. (1) The Minister may, subject to this section, issue a direction to a regional assembly requiring— | ||
(a) a regional spatial and economic strategy to be amended in the manner specified in the direction, and | ||
(b) the regional assembly to implement the amendment referred to in paragraph (a) and publish the regional spatial and economic strategy as so amended. | ||
(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 39 and made a recommendation under subsection (8) of that section. | ||
(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met. | ||
(4) Within 8 weeks of receipt of the recommendation and report of the Office of the Planning Regulator in accordance with subsections (8) and (11) of section 39 , the Minister shall— | ||
(a) consider the recommendation and report, | ||
(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 39 , | ||
(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and | ||
(d) where the decision is to issue a direction under subsection (1)— | ||
(i) identify in the stated reasons provided under paragraph (c) which of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 the Minister considers to be met, and | ||
(ii) issue the direction in accordance with subsection (5). | ||
(5) The Minister may issue the direction under subsection (1) to the regional assembly— | ||
(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (8) of section 39 , | ||
(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or | ||
(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate. | ||
(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site. | ||
(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (11) of section 39 and may adopt such assessment or make his or her own assessment and determination in respect of the direction. | ||
(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to— | ||
(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on the environment, and | ||
(b) conduct a screening assessment in accordance with Part 6 to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on any European site. | ||
(9) (a) Where it is determined under paragraph (a) of subsection (8) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report and proceed to conduct an assessment in accordance with the Strategic Environmental Assessment Regulations. | ||
(b) Where it is determined under paragraph (b) of subsection (8) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report and proceed to conduct an assessment in accordance with Part 6 . | ||
(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister. | ||
(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (8) of section 39 , not to issue a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 38 . | ||
(11) A copy of a direction issued under subsection (1), together with a statement of reasons for making the direction, shall, within 5 working days beginning on the date on which the direction is issued— | ||
(a) be provided to the regional assembly concerned and the Office of the Planning Regulator, | ||
(b) be provided to all planning authorities within the region of the regional assembly concerned, | ||
(c) be provided to the Commission, | ||
(d) be published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and | ||
(e) be laid before each House of the Oireachtas by the Minister. | ||
(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the regional assembly concerned shall each publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the regional assembly. | ||
(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall— | ||
(a) provide a statement of reasons for deciding not to issue a direction to the regional assembly concerned and the Office of the Planning Regulator, | ||
(b) give notice to the Commission of the decision not to issue a direction, | ||
(c) cause a copy of the statement referred to in paragraph (a) to be laid before each House of the Oireachtas, and | ||
(d) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage. | ||
(14) Where the Minister issues a direction under subsection (1), the regional assembly shall, within 10 working days, comply with that direction and the director of the regional assembly or the members of the regional assembly shall not exercise any function conferred on them by or under this Act in a manner that contravenes the direction. | ||
(15) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the regional spatial and economic strategy, pending the implementation and publication by the regional assembly, in accordance with the direction, of the regional spatial and economic strategy as amended by that direction. | ||
(16) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and Part 9 , the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, this shall not warrant the quashing of the direction where— | ||
(a) the Minister was also of the opinion that one or more of the other criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, and | ||
(b) the Court finds that the Minister was entitled to form such an opinion. | ||
(17) Where two or more regional assemblies jointly make a regional spatial and economic strategy for the combined regions of those regional assemblies or part of the combined regions, or a revision of such a strategy, a reference in sections 38 and 39 and this section to the regional assembly shall be construed as referring to each such regional assembly. | ||
(18) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section. | ||
|
Continuation in force of pre-commencement regional spatial and economic strategies | ||
|
41. (1) Notwithstanding the repeal of section 21 of the Act of 2000 effected by section 6 , any regional spatial and economic strategy made under that section that was in force in respect of the region of a regional assembly immediately before such repeal shall, subject to subsection (3) and sections 36 and 37 , continue in force on and after that repeal— | ||
(a) for the remainder of the period stated in the strategy for which it is to remain in force, or | ||
(b) until a new regional spatial and economic strategy has been made under this Chapter in respect of the region to which the strategy relates, | ||
whichever is the shorter period. | ||
(2) A regional spatial and economic strategy continued in force under subsection (1) shall have effect as it if were a regional spatial and economic strategy made under this Chapter. | ||
(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part and subject to subsection (4) of section 40 , vary for such period as he or she considers appropriate, the period for which a regional spatial and economic strategy continued in force under subsection (1) is to remain in force. | ||
(4) Prior to making an order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Regulations) and the Habitats Directive (and Part 6 ). | ||
(5) Where a provision of a regional spatial and economic strategy continued in force under subsection (1) conflicts with a provision of the National Planning Framework for the time being in force, the latter shall take precedence. | ||
|
Chapter 5 Development Plans | ||
|
Obligations to make and review development plan | ||
|
42. (1) Subject to paragraph (b) of subsection (5), a planning authority shall make a development plan for its functional area every 10 years. | ||
(2) Not later than 8 years after the making of each development plan for the functional area of a planning authority, the planning authority shall commence a review of the development plan in accordance with sections 53 and 54 , with a view to making a new development plan in accordance with section 55 . | ||
(3) The review of a development plan and preparation of a new development plan shall be strategic in nature for the purposes of enabling a planning authority to develop— | ||
(a) an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, | ||
(b) policies and objectives that are necessary for the purposes of such a strategy, | ||
(c) the strategies and statements that are to be prepared under sections 44 to 51 , and | ||
(d) any settlement-specific objectives that the planning authority is required to prepare under section 52 . | ||
(4) A development plan shall relate to the whole functional area of the planning authority. | ||
(5) (a) Subject to paragraph (b), a development plan shall have effect for a period of 10 years beginning on the date on which it comes into effect under subsection (17) of section 55 . | ||
(b) Where the Minister, at the request of the chief executive of a planning authority, certifies in writing that exceptional circumstances exist warranting the extension of the period referred to in paragraph (a), the Minister may extend that period by such further period of no more than 2 years as may be specified by the Minister. | ||
(6) Any assessment carried out in relation to a development plan for the purposes of complying with the requirements of Article 6(3) of the Habitats Directive or the Strategic Environmental Assessment Directive shall take account of the fact that the development plan may, by virtue of paragraph (b) of subsection (5), have effect for a period of 12 years. | ||
(7) (a) In making or varying a development plan, a planning authority shall have regard to the development plans of adjoining planning authorities and shall, insofar as is practicable, coordinate the objectives in the development plan with the objectives in the plans of those authorities. | ||
(b) The Minister may require two or more planning authorities to coordinate the development plans for their functional areas generally or in respect of specified matters and in a manner specified by the Minister. | ||
(c) A planning authority shall comply with a requirement made of it under paragraph (b). | ||
(d) Any dispute between the planning authorities in question arising out of the requirement under paragraph (b) shall be determined by the Minister. | ||
(e) Where a planning authority fails to comply with a requirement made of it under paragraph (b), the Minister may apply to the High Court for an order directing the planning authority to comply with the requirement. | ||
(8) In reviewing a development plan in accordance with sections 53 and 54 and making a development plan under section 55 or a variation to a development plan under section 58 , a planning authority shall— | ||
(a) ensure the proper planning and sustainable development of the area to which the development plan relates, | ||
(b) ensure that the development plan is materially consistent with— | ||
(i) the National Planning Framework, | ||
(ii) where the planning authority is a coastal planning authority, the National Marine Planning Framework, | ||
(iii) the regional spatial and economic strategy for the region within which the planning authority’s functional area is located, and | ||
(iv) any relevant National Planning Policies and Measures, | ||
(c) take due account of— | ||
(i) any relevant National Planning Policy Guidance, | ||
(ii) matters relevant to the preparation and making of a development plan under this Act, | ||
(iii) any likely significant effects the implementation of the plan may have on the functional area of any adjoining planning authority, | ||
(iv) any relevant transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority, and | ||
(v) the protection of water sources, | ||
and | ||
(d) in the case of a coastal planning authority, have regard to the marine planning policy statement prepared and published under section 6 of the Act of 2021. | ||
|
Content of development plan | ||
|
43. (1) A development plan shall set out— | ||
(a) an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, | ||
(b) the strategies and statements prepared under sections 44 to 51 , | ||
(c) objectives for the promotion, management and protection of areas, uses and structures that are relevant to the implementation of the strategies referred to in paragraph (b), | ||
(d) any settlement-specific objectives that the planning authority is required to prepare under section 52 , and | ||
(e) a record of protected structures within the functional area of the planning authority, in accordance with subsection (3) of section 306 . | ||
(2) The integrated overall strategy for the proper planning and sustainable development of the area referred to in paragraph (a) of subsection (1) shall be set out in a written statement, with such accompanying maps or other diagrammatic or visual representations as the planning authority consider appropriate. | ||
(3) The written statement referred to in subsection (2) shall form a clearly identifiable part of the development plan and shall include— | ||
(a) a statement explaining how the following matters have been or, as appropriate, are being implemented in the development plan: | ||
(i) national and regional development objectives, including in relation to population and housing, set out in the National Planning Framework and the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated; | ||
(ii) any national planning policy contained in National Planning Policies and Measures which is relevant and applies to the functional area to which the development plan relates, | ||
(b) except where the functional area to which the development plan relates consists solely of a city, a settlement hierarchy, | ||
(c) where the functional area to which the development plan relates consists of or includes a city, a settlement strategy for the city, | ||
(d) a statement demonstrating the manner in which the plan coordinates land-use with existing and planned investment in necessary public infrastructure and services for the period to which the plan relates, | ||
(e) a statement demonstrating the manner in which the plan provides a coherent and integrated framework for the implementation of the strategies and statements referred to in paragraph (b) of subsection (1), | ||
(f) a statement demonstrating the manner in which the plan is coordinated with the integrated overall strategy of the development plan of any adjoining planning authority and any matters specified by the Minister under paragraph (b) of subsection (7) of section 42 , | ||
(g) a statement demonstrating the manner in which the plan takes due account of any relevant transport strategy published by the National Transport Authority, and | ||
(h) a statement demonstrating the manner in which the plan incorporates objectives to conserve and protect the environment of the area to which the development plan relates and supports the implementation of— | ||
(i) the most recent climate action plan approved by the Government under section 4 (9) of the Climate Action and Low Carbon Development Act 2015 and the national adaptation framework, long-term climate action strategy and any sectoral adaptation plans prepared under that Act, | ||
(ii) the strategy relating to climate change adaptation and mitigation contained in the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and | ||
(iii) the local authority’s climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority for the area to which the development plan relates. | ||
(4) For the purposes of paragraph (b) of subsection (3), a settlement hierarchy is a ranking of settlements in the functional area of the planning authority taking account of their role and functions, having regard to— | ||
(a) any relevant designations in the National Planning Framework and the regional spatial and economic strategy, | ||
(b) the existing and planned population of each settlement, | ||
(c) the type of services available in each settlement, | ||
(d) existing and planned investment in the capacity of transport (including public transport), community facilities, water services, and utility infrastructure, and | ||
(e) the potential for economic and social development of each settlement. | ||
(5) For the purposes of paragraph (c) of subsection (3), a settlement strategy is a strategy allocating planned development to areas of the city concerned taking account of— | ||
(a) the existing and planned population of the city, | ||
(b) the location and extent of the city centre, | ||
(c) the location and extent of retail centres in the city, | ||
(d) existing and planned investment in the capacity of transport (including public transport), community facilities, water services, and utility infrastructure, and | ||
(e) the potential for economic and social development of the city. | ||
(6) The written statement referred to in subsection (2) shall include objectives for the zoning of land for a particular use or mixture of uses and shall incorporate an accompanying map which illustrates the zoning objectives applicable to all land in the functional area of the planning authority. | ||
(7) The written statement referred to in subsection (2) shall include confirmation of compliance by the planning authority with the requirements of subsection (8) of section 42 . | ||
(8) Where a development plan as made or varied departs from any relevant guidance contained in National Planning Policy Guidance, the written statement referred to in subsection (2) shall include a statement of the reasons why, in the opinion of the planning authority— | ||
(a) the departure is not detrimental to the proper planning and sustainable development of the area, and | ||
(b) the departure is justified having regard to the proper planning and sustainable development of the area. | ||
(9) The planning authority shall ensure that the strategies and statements referred to in paragraph (b) of subsection (1) are coordinated and consistent with one another and with the integrated overall strategy for the proper planning and sustainable development of the area and shall ensure that the development plan overall is internally consistent and coherent. | ||
(10) There shall be no presumption in law that any land zoned in a development plan for a particular use or mixture of uses shall remain so zoned in any subsequent development plan. | ||
|
Obligation to prepare strategy for sustainable development and regeneration | ||
|
44. (1) A planning authority shall prepare a strategy for the sustainable development and regeneration of the functional area of the planning authority. | ||
(2) The strategy referred to in subsection (1) shall set out objectives relating to: | ||
(a) the prioritisation of and measures to facilitate compact urban development, including the development and renewal of lands or sites within existing developed urban areas which are derelict, redundant or otherwise underutilised and have the capacity to accommodate development relative to the scale of the settlement; | ||
(b) the provision, or facilitation of the provision, of sustainable integrated transport, public transport and road traffic systems (including appropriate parking provision), pedestrian and cycling infrastructure, air and sea transport, and the promotion of the development of local transport plans; | ||
(c) the provision, or facilitation of the provision, of infrastructure including water supplies, waste water services, waste recovery and disposal facilities, energy generation infrastructure and facilities, including for the generation of renewable energy, communication facilities, and any ancillary facilities or services; | ||
(d) the regulation of development, including the setting of appropriate development management policies and standards, for the purposes of promoting sustainable use of land, sustainable rural development, preserving the character of an area, and avoiding, reducing or mitigating significant adverse effects on the environment and residential amenity; | ||
(e) such other matters as may be prescribed. | ||
|
Obligation to prepare strategy relating to economic development | ||
|
45. (1) A planning authority shall prepare a strategy for the appropriate economic development of the functional area of the planning authority, having regard to the proper planning and sustainable development of the area. | ||
(2) The strategy referred to in subsection (1) shall set out objectives relating to: | ||
(a) the promotion of sustainable economic development, employment generation and retail provision; | ||
(b) the location of employment-related, industrial and commercial development, having regard to— | ||
(i) economic and employment trends, and | ||
(ii) the promotion of sustainable transport; | ||
(c) enabling conditions for creating and sustaining jobs; | ||
(d) the location of retail development, having regard to sustainable transport and the vibrancy of town centres; | ||
(e) identifying the attributes of particular places within the functional area that are essential to enhancing economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities; | ||
(f) such other matters as may be prescribed. | ||
|
Obligation to prepare housing development strategy | ||
|
46. (1) A planning authority, other than one to which subsection (1) of section 47 applies, shall prepare a housing development strategy for its functional area which— | ||
(a) distributes planned population and housing growth within the area, | ||
(b) identifies the spatial capacity of urban and rural locations to accommodate planned population, and | ||
(c) prioritises infrastructural investment necessary for housing development. | ||
(2) A housing development strategy prepared under subsection (1) shall be materially consistent with the housing strategy prepared under section 242 . | ||
(3) The housing development strategy shall include: | ||
(a) population and housing growth targets in tabular form, consistent with the regional spatial and economic strategy, allocated over the period of the development plan to each of the following: | ||
(i) each settlement with a population of 1,500 or more at the last census; | ||
(ii) groups of settlements with a population of less than 1,500 at the last census; | ||
(iii) the open countryside outside settlements identified in the settlement hierarchy; | ||
(b) in relation to each settlement or group of settlements referred to in subparagraphs (i) and (ii) of paragraph (a), an estimation of the land that is required to be zoned for residential use or a mix of residential and other uses to accommodate the allocated population and housing growth targets and to ensure that sufficient and suitable land is zoned having regard to— | ||
(i) the settlement hierarchy, | ||
(ii) existing capacity, and planned investment in capacity, in transport (including, in particular, transport infrastructure), community facilities, water services, utility infrastructure and any other necessary public infrastructural facilities and services, | ||
(iii) residential density or a range of densities appropriate to the settlement, | ||
(iv) an estimation of the capacity of compact urban development sites to accommodate development for residential use or a mixture of residential and other uses over the period of the plan, | ||
(v) an estimation of the capacity of any part of long-term strategic development sites to deliver housing units over the period of the plan, and | ||
(vi) the number of housing units permitted under existing permissions but not yet built and the expected timeframe within which those units will be completed; | ||
(c) an analysis of vacant and derelict land or sites within the area and an estimation of the number of housing units that could be activated from the land or sites; | ||
(d) a strategy to activate vacant and derelict land or sites into housing units; | ||
(e) a statement of measures to prioritise compact urban development sites for residential use or a mixture of residential and other uses; | ||
(f) where subsection (6) applies in respect of a settlement, a statement specifying that an urban area plan is required in respect of the settlement concerned; | ||
(g) where subsection (7) applies in respect of part of a settlement, a statement specifying that a priority area plan is required in respect of the part of the settlement concerned; | ||
(h) objectives to secure the implementation of the housing strategy, in particular, any of the matters referred to in subsection (5) of section 242 , including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing of the types referred to in paragraph (f) of subsection (5) and subsection (6) of section 242 ; | ||
(i) objectives regarding the provision of accommodation for members of the traveller community and the use of particular areas for that purpose; | ||
(j) objectives relating to the monitoring of the progress achieved in implementing the housing development strategy; | ||
(k) objectives relating to such other matters as may be prescribed. | ||
(4) The housing development strategy may— | ||
(a) include specific objectives as referred to in paragraph (h) of subsection (3) in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under subsection (6) of section 242 , different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in subsection (10) of section 242 not being exceeded, and | ||
(b) indicate in respect of any particular area referred to in paragraph (a) that there is no requirement for housing referred to in subsection (6) of section 242 in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required in order to counteract undue segregation in housing between persons of different social backgrounds. | ||
(5) Nothing in paragraphs (b) and (h) of subsection (3), subsection (4) or section 245 or 253 shall prevent any land zoned for residential use or a mix of residential and other uses being developed exclusively for housing of the types referred to in paragraph (a) or (b) of subsection (6) of section 242 . | ||
(6) This subsection applies in respect of a settlement where— | ||
(a) the settlement is situated within the functional area of the planning authority, | ||
(b) the settlement is a regional growth centre or key town, and | ||
(c) in the opinion of the planning authority, the settlement is to be the subject of planned physical or population growth of such a scale as to require an integrated approach to the land-use and transportation planning for the entire urban area of the settlement. | ||
(7) This subsection applies in respect of part of a settlement where the part concerned is situated within the functional area of the planning authority and— | ||
(a) may be the subject of significant physical or population growth relative to the scale of the settlement in which the area is situated, | ||
(b) is in need of physical, social or economic renewal, or | ||
(c) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in the settlement-specific objectives of the development plan for the settlement in which the part is situated. | ||
|
Obligation to prepare housing development strategy where planning authority’s functional area consists solely of city | ||
|
47. (1) A planning authority whose functional area consists solely of a city shall prepare a housing development strategy which— | ||
(a) distributes planned population and housing growth within the city, | ||
(b) identifies the spatial capacity of different areas of the city to accommodate planned population, and | ||
(c) prioritises infrastructural investment necessary for housing development. | ||
(2) A housing development strategy prepared under subsection (1) shall be materially consistent with the housing strategy prepared under section 242 . | ||
(3) The housing development strategy shall include: | ||
(a) population and housing growth targets for the city for the period to which the development plan relates; | ||
(b) the number of housing units permitted under existing permissions but not yet built and the expected timeframe within which those units will be completed; | ||
(c) an analysis of vacant and derelict land or sites within the area and an estimation of the number of housing units that could be activated from the land or sites; | ||
(d) a strategy to activate vacant and derelict land or sites into housing units; | ||
(e) a statement, with accompanying tables and maps— | ||
(i) which estimates the land required to be zoned for residential use or a mix of residential and other uses to ensure that sufficient and suitable land is zoned, and | ||
(ii) which identifies land that is suitable for significant development for residential use or a mixture of residential and other uses over the period of the development plan, including in particular an estimate of the capacity of each of the following to accommodate development for residential use or a mixture of residential and other uses during the period to which the development plan relates and targets as to the amount of housing to be provided within each of the following during that period: | ||
(I) any long-term strategic development sites; | ||
(II) any area within the city designated for the preparation of a coordinated area plan, priority area plan or urban area plan; | ||
(III) any compact urban development sites identified as suitable for development for residential use or a mixture of residential and other uses; | ||
(IV) any greenfield site identified as suitable for development for residential use or a mixture of residential and other uses; | ||
(f) identification of existing capacity, and planned investment in capacity, in transport (including, in particular, transport infrastructure), community facilities, water services, utility infrastructure and any other necessary public infrastructural facilities and services; | ||
(g) where subsection (6) applies in respect of part of the city, a statement specifying that a priority area plan is required in respect of that part of the city; | ||
(h) objectives to secure the implementation of the housing strategy, in particular, any of the matters referred to in subsection (5) of section 242 , including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing of the types referred to in paragraph (f) of subsection (5) and subsection (6) of section 242 ; | ||
(i) objectives regarding the provision of accommodation for members of the traveller community and the use of particular areas for that purpose; | ||
(j) objectives relating to the monitoring of the implementation of the strategy; | ||
(k) objectives relating to such other matters as may be prescribed. | ||
(4) The housing development strategy may: | ||
(a) include specific objectives as referred to in paragraph (h) of subsection (3) in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under subsection (6) of section 242 , different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in subsection (10) of section 242 not being exceeded; | ||
(b) indicate in respect of any particular area referred to in paragraph (a) that there is no requirement for housing referred to in subsection (6) of section 242 in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required in order to counteract undue segregation in housing between persons of different social backgrounds. | ||
(5) Nothing in subparagraph (i) of paragraph (e) or paragraph (h) of subsection (3), subsection (4), or section 245 or 253 shall prevent any land zoned for residential use or a mix of residential and other uses being developed exclusively for housing of the types referred to in paragraph (a) or paragraph (b) of subsection (6) of section 242 . | ||
(6) This subsection applies in respect of part of the city where the part concerned is situated within the functional area of the planning authority and— | ||
(a) may be the subject of significant physical or population growth relative to the scale of the expected physical or population growth of the city as a whole, | ||
(b) is in need of physical, social or economic renewal, or | ||
(c) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in settlement-specific objectives included in the development plan in accordance with subsection (2) of section 52 for the part of the city concerned. | ||
(7) In this section, “greenfield site” means land that has not previously been built upon. | ||
|
Obligation to prepare strategy relating to creation, improvement and preservation of sustainable places and communities | ||
|
48. (1) A planning authority shall prepare a strategy for the creation, improvement and preservation of sustainable places and communities for the functional area of the planning authority. | ||
(2) The strategy shall include objectives for: | ||
(a) the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community, recreational and cultural requirements of the functional area, including the needs of children, the elderly and persons with disabilities; | ||
(b) the protection of the linguistic and cultural heritage, including the protection of Irish as the community language, of any Gaeltacht in the functional area to which the development plan relates; | ||
(c) the promotion of high standards (including high standards in public areas) of urban design, architecture and landscaping to enhance, improve and maintain the quality and character of urban and rural areas; | ||
(d) the reservation of land for use and cultivation as allotments and prescribed community gardens and the regulation, promotion, facilitation or control of the provision of land for that use; | ||
(e) such other matters as may be prescribed. | ||
(3) In this section— | ||
“allotment” means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by— | ||
(a) a person who is a member of the local community and lives adjacent or near to that area of land, or | ||
(b) more than one person, each of whom is a member of the local community and lives adjacent to or near to that area of land, | ||
for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family; | ||
“community garden” means an area of land that— | ||
(a) is let or available for letting from a local authority to members of the local community for collective gardening purposes, and | ||
(b) is used or intended for use— | ||
(i) wholly or mainly for either or both of the following: | ||
(I) the production of vegetables or fruit mainly for consumption by members of the local community; | ||
(II) the propagation of plants for environmental or decorative purposes in the local community, | ||
and | ||
(ii) otherwise than for profit. | ||
|
Obligation to prepare strategy relating to environment and climate change | ||
|
49. (1) A planning authority shall prepare a strategy for the conservation, protection and improvement of the environment (including the facilitation of climate adaptation and mitigation) for the functional area of the planning authority. | ||
(2) The strategy shall include objectives relating to: | ||
(a) the facilitation of climate adaptation and mitigation as provided for in policies and measures of the Government and implementation of the local authority climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority for the area to which the development plan relates in a manner consistent with— | ||
(i) the strategy relating to climate change adaptation and mitigation in the regional spatial and economic strategy of the regional assembly for the region within whose area the functional area of the planning authority is situated, and | ||
(ii) the climate action plan approved by the Government under section 4 (9) of the Climate Action and Low Carbon Development Act 2015 ; | ||
(b) the promotion of compliance with environmental standards in relation to water quality and status, having regard to the Water Framework Directive; | ||
(c) the regulation, restriction and management of development on or under land in inland and coastal areas at risk of flooding and erosion; | ||
(d) the reduction of the risk of serious danger to human health or the environment, including in areas at risk of erosion and other natural hazards, and the limitation and mitigation of the consequences and effects of natural hazards; | ||
(e) the reduction of the risk of serious danger to human health or the environment arising from a major accident having regard to the Seveso III Directive, and the limitation and mitigation of the consequences and effects of major accidents; | ||
(f) the control, regulation and, where appropriate, promotion of the exploitation of natural resources; | ||
(g) such other matters as may be prescribed. | ||
(3) A planning authority shall seek to ensure the coordination of the preparation of a strategy under subsection (1) with the preparation of a local authority climate action plan under section 14B of the Climate Action and Low Carbon Development Act 2015 . | ||
|
Obligation to prepare strategy for conservation, etc., of natural and built heritage | ||
|
50. (1) A planning authority shall prepare a strategy for the conservation, protection, management and improvement of the natural, archaeological and built heritage and landscape in the functional area of the planning authority. | ||
(2) The strategy shall include objectives for the conservation, protection, management and improvement of— | ||
(a) European sites and the Natura 2000 network in accordance with the Habitats Directive and the Birds Directive (including objectives to encourage the management of the features of the landscape that are of major importance for wild flora and fauna in accordance with Article 10 of the Habitats Directive), | ||
(b) biodiversity in accordance with the EU Biodiversity Strategy and the National Biodiversity Action Plan including in particular the protection of trees, groups of trees or other features of ecological significance, | ||
(c) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 , | ||
(d) any— | ||
(i) monuments or wrecks as defined by or designated under the National Monuments Acts 1930 to 2014, and | ||
(ii) monuments, archaeological objects or historic objects as defined by, designated under or otherwise protected under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 , | ||
(e) World Heritage Properties, having due regard to the reasons for the inscription of the property on the World Heritage List under Article 11 of the World Heritage Convention, | ||
(f) World Heritage candidate sites, | ||
(g) archaeological sites, | ||
(h) any architectural conservation area, | ||
(i) any structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, | ||
(j) places, caves, sites, features and other objects of archaeological, geological, historical, scientific or ecological interest, | ||
(k) landscapes, views and prospects in a manner consistent with the strategy referred to in paragraph (m) of subsection (1) of section 29 and having due regard to any framework of any Minister or the Government for the management and planning of landscapes developed having regard to the European Landscape Convention done at Florence on 20 October 2000, | ||
(l) places and features of natural beauty or interest, and | ||
(m) such other land, or such other things relating to the natural, archaeological or built heritage, as may be prescribed. | ||
(3) In this section— | ||
“EU Biodiversity Strategy” means the EU Biodiversity Strategy for 2030 and associated action plan (Annex) or any document published by the European Commission which amends or replaces that strategy or associated plan; | ||
“World Heritage candidate site” means a property included in the most recent inventory submitted on behalf of the State to the World Heritage Committee in accordance with Article 11 of the World Heritage Convention; | ||
“World Heritage Convention” means the Convention Concerning the Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972; | ||
“World Heritage Property” means a property included in the World Heritage List under Article 11 of the World Heritage Convention and which is situated in the State. | ||
|
Obligation to prepare objectives for management of areas, uses and structures | ||
|
51. (1) A planning authority shall prepare a statement containing objectives for the control of areas, uses of land and structures in its functional area (referred to in this section as a “development management statement”). | ||
(2) A development management statement may include objectives for any of the following: | ||
(a) regulating and controlling the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures; | ||
(b) regulating and controlling the design, colour and materials of structures and groups of structures, including in particular streets and townscapes, and structures and groups of structures in rural areas; | ||
(c) promoting design in structures for the purposes of flexible and sustainable use; | ||
(d) regulating and controlling, either generally or in particular areas and in a manner that is materially consistent with relevant National Planning Policies and Measures, any of the following matters: | ||
(i) the size, height, floor area and character of structures; | ||
(ii) building lines, coverage, residential amenity space and other structures; | ||
(iii) the extent of parking places required in, on or under structures of a particular class or size, or services or facilities for the parking, loading, unloading or fueling of vehicles; | ||
(iv) the objects which may be affixed to structures; | ||
(v) the purposes for and the manner in which structures may be used or occupied, including, in the case of a house, letting in separate units; | ||
(e) regulating and controlling the disposition or layout of land and structures or structures of a particular type, including the reservation of sufficient open space in relation to the number, type and character of structures in any particular development proposal, road layout, landscaping and planting; | ||
(f) regulating, restricting, controlling or promoting the use of any land or structure for a particular purpose, whether temporarily or permanently; | ||
(g) preserving a specific public right of way, including a public right of way which gives access to any seashore, mountain, lakeshore, riverbank, monument or other place of natural beauty or recreational utility; | ||
(h) improvement of any area to which a special amenity area order relates. | ||
(3) An objective included in a development management statement may relate to the whole of or any part of the functional area or to a particular structure within the functional area. | ||
(4) Nothing in this section shall affect the existence or validity of any public right of way. | ||
(5) An objective included in a development plan under this section shall not be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993 . | ||
|
Settlement-specific objectives | ||
|
52. (1) A planning authority shall prepare a statement containing— | ||
(a) objectives of the types specified in subsection (3) (in this Part referred to as “settlement-specific objectives”), in respect of— | ||
(i) all settlements with a population of 1,500 or more at the last census, other than a city, | ||
(ii) settlements with a population of less than 1,500 at the last census, where the planning authority considers that the settlement concerned has the capacity to accommodate significant growth relative to the scale of the settlement, | ||
(iii) any Gaeltacht to which subsection (8) applies, and | ||
(iv) any inhabited offshore island to which subsection (8) applies, | ||
(b) a summary of the role and function of each settlement for which settlement- specific objectives are provided under this section, consistent with the settlement hierarchy or the settlement strategy, as the case may be, and | ||
(c) a map identifying— | ||
(i) the boundaries of each settlement to which the settlement-specific objectives relate, | ||
(ii) the zoning objectives applicable to the functional area as set out in the integrated overall strategy of the development plan in accordance with subsection (6) of section 43 , | ||
(iii) any area which has been designated as an area in respect of which a priority area plan is required to be prepared, | ||
(iv) any area which has been designated in a regional spatial and economic strategy as an area in respect of which a coordinated area plan is required to be prepared, | ||
(v) the core retail area of any town centre, | ||
(vi) any area that is the subject of an objective under subsection (4) or (5), | ||
(vii) the indicative location or alignment of planned elements of physical infrastructure, including road infrastructure, rail infrastructure, pedestrian and cycling infrastructure, and air and sea transport infrastructure, | ||
(viii) the location of elements of the natural and built heritage identified at paragraph (a) to paragraph (m) of subsection (2) of section 50 , and | ||
(ix) any European site. | ||
(2) Where the functional area of a planning authority consists of or includes a city, the planning authority shall prepare settlement-specific objectives for— | ||
(a) any part of the city in respect of which a priority area plan is required to be prepared, and | ||
(b) any other part of the city containing lands that the planning authority considers— | ||
(i) to be suitable for significant growth and regeneration, and | ||
(ii) would benefit from being the subject of specific objectives, | ||
and references in this section to a settlement shall, in such cases, be construed as references to the part of the city concerned. | ||
(3) The settlement-specific objectives are— | ||
(a) objectives for implementing in the settlement concerned the matters referred to in paragraphs (a) and (b) of subsection (1) of section 43 , | ||
(b) sustainable placemaking objectives relevant to the protection, renewal and growth of the settlement concerned, having regard to the physical, socio-economic, cultural and environmental context of the settlement, and | ||
(c) objectives relating to such other matters as may be prescribed. | ||
(4) Where paragraph (a) of subsection (2) applies, the settlement-specific objectives may also include any of the following for the purpose of guiding the preparation of the priority area plan: | ||
(a) objectives of the type specified in section 51 which shall be applicable to a particular site or particular land within the overall area to be the subject of a priority area plan; | ||
(b) a specification, in a manner that is materially consistent with relevant National Planning Policies and Measures, of a range of densities and building heights within the site or land referred to in paragraph (a); | ||
(c) details of the estimated capacity of the overall area to be the subject of the priority area plan to accommodate development, having regard to the range of densities and building heights specified under paragraph (b). | ||
(5) Where paragraph (b) of subsection (2) applies, the settlement-specific objectives shall also include the following: | ||
(a) objectives of the type specified in section 51 which shall be applicable to a particular site or particular land within the part of the city concerned; | ||
(b) a specification, in a manner that is materially consistent with relevant National Planning Policies and Measures, of a range of densities and building heights within the site or land referred to in paragraph (a); | ||
(c) details of the estimated capacity of that site or land to accommodate development, having regard to the range of densities and building heights specified under paragraph (b). | ||
(6) A statement prepared in accordance with subsection (1) may, subject to subsection (7), set out reasons for which permission for a proposed development may be refused on the ground that a grant of permission would be premature pending the making of an urban area plan, priority area plan or coordinated area plan for an area which includes the site of the proposed development. | ||
(7) The reasons which may be set out under subsection (6) shall be limited to— | ||
(a) the need to prescribe in a plan referred to in subsection (6) a layout for infrastructure serving the site or area concerned prior to the grant of permission for proposed development, | ||
(b) the need to designate in such a plan parts of the site or area concerned as being appropriate to accommodate necessary infrastructural, community and amenity facilities or uses prior to the grant of permission for proposed development, or | ||
(c) the need to set out in such a plan, prior to the grant of permission, the sequence or phases in which the site or area concerned should be developed, having regard to the timing of the provision of infrastructure and community and amenity facilities or uses necessary for the development of sustainable communities. | ||
(8) This subsection applies in respect of a Gaeltacht or inhabited offshore island situated within the functional area of the planning authority that is— | ||
(a) in need of physical, social or economic renewal, or | ||
(b) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in settlement-specific objectives of the development plan in accordance with this section for the Gaeltacht or inhabited offshore island concerned. | ||
|
Consultation with Office of Planning Regulator before preparation of draft development plan | ||
|
53. (1) At least 3 months before commencing the review of a development plan referred to in subsection (2) of section 42 , a planning authority shall consult the Office of the Planning Regulator on matters relevant to the preparation of an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, taking due account of— | ||
(a) the requirement that the plan be materially consistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, | ||
(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and | ||
(iv) any relevant National Planning Policies and Measures, | ||
(b) any relevant National Planning Policy Guidance, | ||
(c) any relevant transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority, and | ||
(d) the development plans of adjoining planning authorities. | ||
(2) For the purposes of facilitating the consultation referred to in subsection (1), a planning authority shall prepare and furnish to the Office of the Planning Regulator a development plan review report which shall provide— | ||
(a) details of relevant changes, since the making of the development plan, to— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, | ||
(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and | ||
(iv) National Planning Statements (including details of any new National Planning Statements issued since the making of the development plan), | ||
(b) a summary of any variations made to the development plan since it came into effect, | ||
(c) an overview of progress made in implementing the integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, and | ||
(d) a preliminary identification of the key strategic issues arising in the context of the review of the existing development plan and the preparation and making of a new development plan. | ||
(3) Following the consultation referred to in subsection (1), the Office of the Planning Regulator shall, after having regard to the matters referred to in paragraphs (a) to (d) of subsection (1), issue a document (referred to in this Part as the “Opinion on Development Plan Strategy”) identifying any matters relevant to the formulation of an integrated overall strategy for the proper planning and sustainable development of the functional area that require to be dealt with in the development plan. | ||
(4) The Opinion on Development Plan Strategy shall be issued not later than 2 months after the commencement of the consultation under subsection (1). | ||
(5) A planning authority shall take due account of an Opinion on Development Plan Strategy in the preparation and making of a development plan. | ||
(6) On the basis of the Opinion on Development Plan Strategy, the planning authority shall prepare a document (referred to in this Part as a “Strategic Issues and Options Paper”) which— | ||
(a) shall take due account of the matters referred to in paragraphs (a) to (d) of subsection (1), | ||
(b) shall set out in general terms the matters that are to be dealt with in— | ||
(i) the integrated overall strategy for the proper planning and development of the functional area, and | ||
(ii) the strategies and statements prepared under sections 44 to 51 , that are to be included in the development plan, | ||
and | ||
(c) may set out for consideration alternative approaches relevant to the matters referred to in paragraph (b). | ||
|
Notice of intention to review development plan and preparation of draft development plan | ||
|
54. (1) The review of a development plan referred to in subsection (2) of section 42 shall be commenced by the publication by the planning authority for the functional area to which the development plan relates of notice of its intention to review the existing development plan and to make a new development plan. | ||
(2) A notice under subsection (1) shall state— | ||
(a) that the planning authority intends to review the existing development plan and to prepare a new development plan, | ||
(b) that the planning authority intends to review the zoning objectives referred to in subsection (6) of section 43 applicable to the functional area to which the development plan relates for the purposes of developing an integrated overall strategy for the proper planning and sustainable development of that area and the policies and objectives for the delivery of such an integrated overall strategy and that requests or proposals for a particular zoning objective to be applied to particular land shall not be considered at this stage, | ||
(c) that the Office of the Planning Regulator has provided an Opinion on Development Plan Strategy to guide the preparation of the new development plan, | ||
(d) that the planning authority has prepared a Strategic Issues and Options Paper to inform and guide the making of submissions from members of the public in relation to the new development plan, | ||
(e) the time during which and the place where— | ||
(i) any background papers or draft proposals relating to the review of the existing plan and the preparation of the new development plan, | ||
(ii) the Opinion on Development Plan Strategy, and | ||
(iii) the Strategic Issues and Options Paper, | ||
may be inspected, | ||
(f) that submissions regarding the matters specified in the Strategic Issues and Options Paper may be made in writing to the planning authority within a period (which shall not be less than 8 weeks from the date of the notice under subsection (1)) specified in the notice, | ||
(g) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (f), and | ||
(h) that submissions from members of the public in relation to a proposed development plan must be strategic in nature and should be confined to commenting on the matters specified in the Strategic Issues and Options Paper. | ||
(3) A planning authority shall give a copy of a notice under subsection (1) to— | ||
(a) the Minister, | ||
(b) the Office of the Planning Regulator, | ||
(c) the Maritime Area Regulatory Authority, | ||
(d) the Commission, | ||
(e) the regional assembly for the region within which the functional area to which the development plan relates is situated, | ||
(f) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(g) any Local Community Development Committee within the functional area of the planning authority, | ||
(h) any adjoining planning authority, | ||
(i) the National Transport Authority, and | ||
(j) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed. | ||
(4) A notice under subsection (1) shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority. | ||
(5) (a) As soon as practicable after the publication of a notice under subsection (1), a planning authority shall take whatever additional measures it considers necessary to consult the general public and other interested persons. | ||
(b) Without prejudice to the generality of paragraph (a), a planning authority— | ||
(i) shall consult members of the public in such manner (which shall include the holding of a public meeting or an online public meeting) as it considers appropriate, and take such steps as it considers appropriate to elicit submissions in writing from members of the public, and | ||
(ii) may invite oral submissions from members of the public on matters contained in the Strategic Issues and Options Paper. | ||
(c) A planning authority shall take such measures as it considers appropriate to consult the providers of— | ||
(i) energy, | ||
(ii) telecommunications, | ||
(iii) water services, | ||
(iv) transport, | ||
(v) any other infrastructure, | ||
(vi) education, | ||
(vii) health, | ||
(viii) policing, and | ||
(ix) any other services, | ||
in order to ascertain any long-term plans for the provision of infrastructure and services in the functional area of the planning authority. | ||
(6) (a) Written submissions received by a planning authority pursuant to subsections (2) and (5) and a brief summary of any oral submissions received pursuant to subsection (5) shall, subject to paragraph (b), be published on a website maintained by or on behalf of the planning authority within 5 weeks from the date in each case of their receipt by that authority. | ||
(b) Paragraph (a) does not apply— | ||
(i) where the planning authority is of the opinion that the submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its publication, | ||
(ii) where the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission concerned, | ||
(iii) to the extent that the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice that part of the submission concerned should not be published on a website maintained by or on behalf of the planning authority or should cease to be so published, as the case may be, or | ||
(iv) to the extent that the submission relates to such matters as may be prescribed. | ||
(7) Where a notice under subsection (1) is received by the National Transport Authority, it shall— | ||
(a) prepare and submit to the planning authority a report which shall set out— | ||
(i) the matters which, in the opinion of the National Transport Authority, should be considered by the planning authority in the preparation of the new development plan, | ||
(ii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, | ||
(iii) recommendations on the matters that require to be included in the new development plan to ensure the effective integration of transport and land- use planning, and | ||
(iv) any recommendations on the matters that are required to be included in the new development plan so as to ensure that it takes due account of a relevant transport strategy of the National Transport Authority, | ||
and | ||
(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator and the Minister for Transport. | ||
(8) Where a notice under subsection (1) is received by a regional assembly, it shall— | ||
(a) prepare and submit to the planning authority a report which shall set out— | ||
(i) the matters which, in the opinion of the regional assembly, should be considered by the planning authority in the preparation of the draft development plan, and | ||
(ii) recommendations on the matters that are required to be included in the draft development plan to ensure that the draft development plan is materially consistent with the regional spatial and economic strategy of the region concerned, | ||
and | ||
(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator. | ||
(9) For the purposes of preparing a draft development plan, the planning authority shall disregard any part of a submission received by it that comprises a request or proposal that a particular zoning objective be applied to any particular land in the functional area to which the plan relates. | ||
(10) (a) Not later than 16 weeks after the date of the notice under subsection (1), the chief executive of a planning authority shall prepare a report on any submissions received pursuant to subsection (2) or (5) and the matters arising out of any consultations held pursuant to subsection (5). | ||
(b) A copy of the report prepared under paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following its preparation. | ||
(c) A report under paragraph (a) shall— | ||
(i) list the persons who made submissions and any persons consulted by the authority, | ||
(ii) summarise the submissions (excluding any submission that is to be disregarded under subsection (9)), and, for that purpose, may group the issues raised in different submissions by reference to the matters specified in the Strategic Issues and Options Paper, | ||
(iii) give the opinion of the chief executive of the planning authority on 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, | ||
(iv) state the chief executive’s recommendations as to the policies to be included in the draft development plan, | ||
(v) summarise the matters raised and the recommendations made by the National Transport Authority in a report submitted under subsection (7) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan, and | ||
(vi) summarise the matters raised and recommendations made by the relevant regional assembly in a report submitted under subsection (8) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan. | ||
(d) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority. | ||
(e) Following consideration of a report submitted to them under paragraph (d), the members of the planning authority or of the committee, as the case may be, may, by resolution, issue a direction to the chief executive regarding the overall strategic approach to be adopted in the preparation of the integrated overall strategy and any of the strategies prepared under sections 44 to 50 , but shall not issue more than one direction in respect of any particular strategy. | ||
(f) Subject to paragraph (g), the chief executive of a planning authority shall comply with any such direction in the preparation of a draft development plan. | ||
(g) The chief executive of the planning authority shall not be obliged to comply with any part of a direction made under paragraph (e) which relates to the zoning objective to be applied to any particular land in the functional area to which the plan relates. | ||
(h) A direction under paragraph (e) shall be issued not later than 10 weeks after the date of the submission of a report under paragraph (d). | ||
(11) (a) The chief executive of a planning authority shall, not later than 18 weeks after the date of issuing of any direction under paragraph (e) of subsection (10) or, where no direction is issued, not later than 18 weeks after the expiry of the period of 10 weeks referred to in paragraph (h) of subsection (10), prepare a draft development plan and submit it to the members of the planning authority. | ||
(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the chief executive in accordance with paragraph (a). | ||
(c) Where a draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan of the planning authority unless, within 8 weeks from the date of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan. | ||
(d) Where a draft development plan is amended as mentioned in paragraph (c), the draft development plan as submitted by the chief executive and as amended by resolution shall be the draft development plan of the planning authority. | ||
(12) The preparation and making of a development plan shall be subject to the carrying out of a strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations. | ||
(13) The preparation and making of a development plan shall be subject to Part 6 in relation to the carrying out of a screening for appropriate assessment and, if required, an appropriate assessment. | ||
|
Making development plan | ||
|
55. (1) Where a draft development plan has been prepared in accordance with section 54 , the planning authority shall within 4 weeks of the period referred to in paragraph (c) of subsection (11) of section 54 or the adoption of a resolution in accordance with that last-mentioned section, as the case may be— | ||
(a) send notice and a copy of the draft development plan to— | ||
(i) the Minister, | ||
(ii) the Office of the Planning Regulator, | ||
(iii) the Maritime Area Regulatory Authority, | ||
(iv) the Commission, | ||
(v) the regional assembly for the region within which the functional area to which the development plan relates is situated, | ||
(vi) where the functional area of the planning authority includes a Gaeltacht, Údaras na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(vii) any Local Community Development Committee within the functional area of the planning authority, | ||
(viii) any adjoining planning authority, | ||
(ix) the National Transport Authority, | ||
(x) Uisce Éireann, and | ||
(xi) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed, | ||
and | ||
(b) publish notice of the preparation of the draft development plan on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority. | ||
(2) A notice under subsection (1) shall state that— | ||
(a) a copy of— | ||
(i) the draft development plan, | ||
(ii) any screening determination made under Part 6 , | ||
(iii) the environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, | ||
(iv) any Natura impact report prepared in accordance with Part 6 , and | ||
(v) any other accompanying documentation that the planning authority considers appropriate, | ||
may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified, and | ||
(b) written submissions with respect to the draft plan, the environmental report and any Natura impact report, made to the planning authority within the period specified under paragraph (a) will be taken into consideration before the making of the development plan. | ||
(3) (a) The Minister and the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as they consider appropriate. | ||
(b) Without prejudice to the time period specified in paragraph (a) of subsection (6), the Office of the Planning Regulator may make written submissions under paragraph (b) of subsection (2), within a further period of 2 weeks following the period specified for the mak |
