Planning and Development Act 2024

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Notice of intention to review development plan and preparation of draft development plan

54. (1) The review of a development plan referred to in subsection (2) of section 42 shall be commenced by the publication by the planning authority for the functional area to which the development plan relates of notice of its intention to review the existing development plan and to make a new development plan.

(2) A notice under subsection (1) shall state—

(a) that the planning authority intends to review the existing development plan and to prepare a new development plan,

(b) that the planning authority intends to review the zoning objectives referred to in subsection (6) of section 43 applicable to the functional area to which the development plan relates for the purposes of developing an integrated overall strategy for the proper planning and sustainable development of that area and the policies and objectives for the delivery of such an integrated overall strategy and that requests or proposals for a particular zoning objective to be applied to particular land shall not be considered at this stage,

(c) that the Office of the Planning Regulator has provided an Opinion on Development Plan Strategy to guide the preparation of the new development plan,

(d) that the planning authority has prepared a Strategic Issues and Options Paper to inform and guide the making of submissions from members of the public in relation to the new development plan,

(e) the time during which and the place where—

(i) any background papers or draft proposals relating to the review of the existing plan and the preparation of the new development plan,

(ii) the Opinion on Development Plan Strategy, and

(iii) the Strategic Issues and Options Paper,

may be inspected,

(f) that submissions regarding the matters specified in the Strategic Issues and Options Paper may be made in writing to the planning authority within a period (which shall not be less than 8 weeks from the date of the notice under subsection (1)) specified in the notice,

(g) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (f), and

(h) that submissions from members of the public in relation to a proposed development plan must be strategic in nature and should be confined to commenting on the matters specified in the Strategic Issues and Options Paper.

(3) A planning authority shall give a copy of a notice under subsection (1) to—

(a) the Minister,

(b) the Office of the Planning Regulator,

(c) the Maritime Area Regulatory Authority,

(d) the Commission,

(e) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(f) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(g) any Local Community Development Committee within the functional area of the planning authority,

(h) any adjoining planning authority,

(i) the National Transport Authority, and

(j) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed.

(4) A notice under subsection (1) shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(5) (a) As soon as practicable after the publication of a notice under subsection (1), a planning authority shall take whatever additional measures it considers necessary to consult the general public and other interested persons.

(b) Without prejudice to the generality of paragraph (a), a planning authority—

(i) shall consult members of the public in such manner (which shall include the holding of a public meeting or an online public meeting) as it considers appropriate, and take such steps as it considers appropriate to elicit submissions in writing from members of the public, and

(ii) may invite oral submissions from members of the public on matters contained in the Strategic Issues and Options Paper.

(c) A planning authority shall take such measures as it considers appropriate to consult the providers of—

(i) energy,

(ii) telecommunications,

(iii) water services,

(iv) transport,

(v) any other infrastructure,

(vi) education,

(vii) health,

(viii) policing, and

(ix) any other services,

in order to ascertain any long-term plans for the provision of infrastructure and services in the functional area of the planning authority.

(6) (a) Written submissions received by a planning authority pursuant to subsections (2) and (5) and a brief summary of any oral submissions received pursuant to subsection (5) shall, subject to paragraph (b), be published on a website maintained by or on behalf of the planning authority within 5 weeks from the date in each case of their receipt by that authority.

(b) Paragraph (a) does not apply—

(i) where the planning authority is of the opinion that the submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its publication,

(ii) where the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission concerned,

(iii) to the extent that the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice that part of the submission concerned should not be published on a website maintained by or on behalf of the planning authority or should cease to be so published, as the case may be, or

(iv) to the extent that the submission relates to such matters as may be prescribed.

(7) Where a notice under subsection (1) is received by the National Transport Authority, it shall—

(a) prepare and submit to the planning authority a report which shall set out—

(i) the matters which, in the opinion of the National Transport Authority, should be considered by the planning authority in the preparation of the new development plan,

(ii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy,

(iii) recommendations on the matters that require to be included in the new development plan to ensure the effective integration of transport and land- use planning, and

(iv) any recommendations on the matters that are required to be included in the new development plan so as to ensure that it takes due account of a relevant transport strategy of the National Transport Authority,

and

(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator and the Minister for Transport.

(8) Where a notice under subsection (1) is received by a regional assembly, it shall—

(a) prepare and submit to the planning authority a report which shall set out—

(i) the matters which, in the opinion of the regional assembly, should be considered by the planning authority in the preparation of the draft development plan, and

(ii) recommendations on the matters that are required to be included in the draft development plan to ensure that the draft development plan is materially consistent with the regional spatial and economic strategy of the region concerned,

and

(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator.

(9) For the purposes of preparing a draft development plan, the planning authority shall disregard any part of a submission received by it that comprises a request or proposal that a particular zoning objective be applied to any particular land in the functional area to which the plan relates.

(10) (a) Not later than 16 weeks after the date of the notice under subsection (1), the chief executive of a planning authority shall prepare a report on any submissions received pursuant to subsection (2) or (5) and the matters arising out of any consultations held pursuant to subsection (5).

(b) A copy of the report prepared under paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following its preparation.

(c) A report under paragraph (a) shall—

(i) list the persons who made submissions and any persons consulted by the authority,

(ii) summarise the submissions (excluding any submission that is to be disregarded under subsection (9)), and, for that purpose, may group the issues raised in different submissions by reference to the matters specified in the Strategic Issues and Options Paper,

(iii) give the opinion of the chief executive of the planning authority on the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government,

(iv) state the chief executive’s recommendations as to the policies to be included in the draft development plan,

(v) summarise the matters raised and the recommendations made by the National Transport Authority in a report submitted under subsection (7) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan, and

(vi) summarise the matters raised and recommendations made by the relevant regional assembly in a report submitted under subsection (8) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan.

(d) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority.

(e) Following consideration of a report submitted to them under paragraph (d), the members of the planning authority or of the committee, as the case may be, may, by resolution, issue a direction to the chief executive regarding the overall strategic approach to be adopted in the preparation of the integrated overall strategy and any of the strategies prepared under sections 44 to 50 , but shall not issue more than one direction in respect of any particular strategy.

(f) Subject to paragraph (g), the chief executive of a planning authority shall comply with any such direction in the preparation of a draft development plan.

(g) The chief executive of the planning authority shall not be obliged to comply with any part of a direction made under paragraph (e) which relates to the zoning objective to be applied to any particular land in the functional area to which the plan relates.

(h) A direction under paragraph (e) shall be issued not later than 10 weeks after the date of the submission of a report under paragraph (d).

(11) (a) The chief executive of a planning authority shall, not later than 18 weeks after the date of issuing of any direction under paragraph (e) of subsection (10) or, where no direction is issued, not later than 18 weeks after the expiry of the period of 10 weeks referred to in paragraph (h) of subsection (10), prepare a draft development plan and submit it to the members of the planning authority.

(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the chief executive in accordance with paragraph (a).

(c) Where a draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan of the planning authority unless, within 8 weeks from the date of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan.

(d) Where a draft development plan is amended as mentioned in paragraph (c), the draft development plan as submitted by the chief executive and as amended by resolution shall be the draft development plan of the planning authority.

(12) The preparation and making of a development plan shall be subject to the carrying out of a strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations.

(13) The preparation and making of a development plan shall be subject to Part 6 in relation to the carrying out of a screening for appropriate assessment and, if required, an appropriate assessment.