Planning and Development Act 2024
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Preparation or revision of regional spatial and economic strategy: process | ||
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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. |