Planning and Development Act 2024

• Permanent Page URL

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.