Planning and Development Act 2024
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Considerations for issuance of National Planning Statement | ||
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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. |