Planning and Development Act 2024

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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.