Planning and Development Act 2024

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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.