Planning and Development Act 2024
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Making development plan | ||
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55. (1) Where a draft development plan has been prepared in accordance with section 54 , the planning authority shall within 4 weeks of the period referred to in paragraph (c) of subsection (11) of section 54 or the adoption of a resolution in accordance with that last-mentioned section, as the case may be— | ||
(a) send notice and a copy of the draft development plan to— | ||
(i) the Minister, | ||
(ii) the Office of the Planning Regulator, | ||
(iii) the Maritime Area Regulatory Authority, | ||
(iv) the Commission, | ||
(v) the regional assembly for the region within which the functional area to which the development plan relates is situated, | ||
(vi) where the functional area of the planning authority includes a Gaeltacht, Údaras na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(vii) any Local Community Development Committee within the functional area of the planning authority, | ||
(viii) any adjoining planning authority, | ||
(ix) the National Transport Authority, | ||
(x) Uisce Éireann, and | ||
(xi) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed, | ||
and | ||
(b) publish notice of the preparation of the draft development plan 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. | ||
(2) A notice under subsection (1) shall state that— | ||
(a) a copy of— | ||
(i) the draft development plan, | ||
(ii) any screening determination made under Part 6 , | ||
(iii) the environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, | ||
(iv) any Natura impact report prepared in accordance with Part 6 , and | ||
(v) any other accompanying documentation that the planning authority considers appropriate, | ||
may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified, and | ||
(b) written submissions with respect to the draft plan, the environmental report and any Natura impact report, made to the planning authority within the period specified under paragraph (a) will be taken into consideration before the making of the development plan. | ||
(3) (a) The Minister and the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as they consider appropriate. | ||
(b) Without prejudice to the time period specified in paragraph (a) of subsection (6), the Office of the Planning Regulator may make written submissions under paragraph (b) of subsection (2), within a further period of 2 weeks following the period specified for the making of such submissions. | ||
(4) (a) Where a draft development plan includes any provision relating to any addition to or deletion from the record of protected structures under subsection (1) of section 307 of— | ||
(i) particular structures, | ||
(ii) specific parts of particular structures, or | ||
(iii) specific features within the attendant grounds of particular structures, | ||
the planning authority shall— | ||
(I) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the proposed protected structure or the protected structure, as the case may be, of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, | ||
(II) send particulars of the proposed addition, deletion or amendment to the Minister and to any prescribed body, and | ||
(III) cause notice of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, to be published in at least one newspaper circulating in its functional area. | ||
(b) A notice under subparagraphs (I) and (III) under paragraph (a) shall state— | ||
(i) that a copy of the proposed addition or deletion may be inspected at a specified place or places and at specified times during a specified period of not less than 8 weeks from the date of the notice, | ||
(ii) that written submissions with respect to the proposed addition or deletion made to the planning authority within the period specified in subparagraph (i) will be taken into consideration before the making of the addition or deletion, | ||
(iii) that, during the period specified in subparagraph (i), each owner or occupier of the proposed protected structure may request the planning authority, in the manner provided for in the notice, to define the curtilage of the proposed protected structure and features within the attendant grounds that are to be protected, if not already specified, and that such detail shall be included in the record of protected structures where such proposal is approved by the members of the planning authority, | ||
(iv) whether or not the proposed addition or deletion was recommended by the Minister, and | ||
(v) that, if the proposed addition or deletion was recommended by the Minister, the planning authority shall forward to the Minister for his or her observations a copy of any submission made under subparagraph (ii) (and any such observations of the Minister shall be taken into consideration accordingly). | ||
(5) Written submissions received by a planning authority under subsection (2) or (4) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt. | ||
(6) (a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (4), the chief executive of a planning authority shall prepare a report on— | ||
(i) any submissions received under subsection (2) or (4), | ||
(ii) any recommendations received from the Minister or the Office of the Planning Regulator under paragraph (a) of subsection (3), and | ||
(iii) any observations received from the Minister under subparagraph (v) of paragraph (b) of subsection (4), | ||
and submit the report to the members of the authority for their consideration. | ||
(b) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following submission to the members of the authority under that paragraph. | ||
(c) A report under paragraph (a) shall— | ||
(i) list the persons who made submissions, | ||
(ii) provide a summary of— | ||
(I) any recommendations, submissions or observations made by the Minister, | ||
(II) any recommendations and submissions made by the Office of the Planning Regulator, and | ||
(III) any submissions made by any other persons in relation to the draft development plan in accordance with this section (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis), | ||
(iii) give the response of the chief executive to the issues raised, taking account of— | ||
(I) any direction of the members of the authority or the committee under paragraph (e) of subsection (10) of section 54 , | ||
(II) the proper planning and sustainable development of the area, | ||
(III) the statutory obligations of any local authority in the area, | ||
(IV) any relevant policies or objectives of the Government or of any Minister of the Government, and | ||
(V) if appropriate, any observations made by the Minister under subparagraph (v) of paragraph (b) of subsection (4), | ||
(iv) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in the development plan, | ||
(v) summarise the matters raised in any submissions made by the National Transport Authority and outline the recommendations of the chief executive in relation to the manner in which those matters should be taken account of in the development plan, | ||
(vi) summarise the matters raised in any submissions made by the regional assembly for the region within which the functional area to which the development plan relates is situated and outline the recommendations of the chief executive in relation to the manner in which those matters should be taken account of in the development plan, and | ||
(vii) include the assessment of the chief executive of the draft development plan for the purposes of strategic environmental assessment and appropriate assessment, if required, taking into account the submissions received under this section. | ||
(7) (a) The members of a planning authority shall consider the draft development plan and the report of the chief executive under subsection (6). | ||
(b) The consideration of a draft development plan and the chief executive’s report under paragraph (a) shall be completed within 12 weeks of the submission of the chief executive’s report to the members of the planning authority. | ||
(c) Where, following the consideration of the draft development plan and the chief executive’s report, it appears to the members of the planning authority that the draft should be accepted or amended, they may, subject to subsection (8), by resolution, accept or amend the draft and make the development plan accordingly. | ||
(d) Where, in making the development plan under paragraph (c), the members of the authority do not comply with any recommendation made by the Minister or the Office of the Planning Regulator under this section, they shall so inform the Minister or the Office of the Planning Regulator, as the case may be, as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation or recommendations concerned. | ||
(8) (a) Subject to paragraphs (b), (c), (d) and (e), in a case where the members of the planning authority amend the draft plan under paragraph (c) of subsection (7) and the amendment made constitutes a material alteration of the draft concerned, the development plan shall not be considered to have been made and the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (7), publish notice of the material alteration on a website maintained by or on behalf of the planning authority and in one or more newspaper circulating in the functional area of the planning authority and send notice and a copy of the material alteration to the persons specified in paragraph (a) of subsection (1). | ||
(b) The planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft development plan. | ||
(c) The planning authority shall determine, in accordance with Part 6 , if an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft development plan. | ||
(d) Where the planning authority determines under paragraph (b) or (c) that a strategic environmental assessment or an appropriate assessment, as the case may be, is required to be carried out in relation to the material alteration, it shall prepare an environmental report or Natura impact report, as the case may be, in relation to the material alteration and the period of 3 weeks referred to in paragraph (a) may be extended by such period as the chief executive specifies as being necessary for this purpose. | ||
(e) Where applicable, a notice given under paragraph (a) shall include notice of the making of a determination that an assessment referred to in paragraph (b) or (c) is or is not required. | ||
(f) The notice referred to in paragraph (a) shall— | ||
(i) state that a copy of— | ||
(I) the material alteration, | ||
(II) the determinations made by the authority under paragraphs (b) and (c), | ||
(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 on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, | ||
(ii) state that written submissions with respect to the material alteration, environmental report or Natura impact report made to the planning authority within the period specified in subparagraph (i) shall be taken into account by the authority before the development plan is made, and | ||
(iii) 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. | ||
(9) (a) The Minister and the Office of the Planning Regulator may, in relation to a material alteration, make such recommendations as they consider appropriate. | ||
(b) Without prejudice to the time period specified in paragraph (a) of subsection (12), the Office of the Planning Regulator may make written submissions under subparagraph (ii) of paragraph (f) of subsection (8), within a further period of 1 week following the period specified for the making of such submissions. | ||
(10) Written submissions received by a planning authority under subsection (8) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt by the authority. | ||
(11) Where it has been determined under paragraph (b) or (c) of subsection (8) that a strategic environmental assessment or an appropriate assessment is required, the chief executive of the planning authority shall— | ||
(a) before preparing a report in accordance with subsection (12) and taking account of the submissions received, carry out the assessment concerned of the material alteration of the draft development plan, and | ||
(b) include that assessment in the report. | ||
(12) (a) Not later than 8 weeks after giving notice under subsection (8), the chief executive of a planning authority shall prepare a report on any submissions received on foot of the publication of the notice and submit the report to the members of the authority for their consideration. | ||
(b) A 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 submission to the members of the authority under that paragraph. | ||
(c) A report under paragraph (a) shall— | ||
(i) list the persons who made submissions in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration, | ||
(ii) provide a summary of— | ||
(I) the recommendations and submissions made by the Minister in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration, | ||
(II) the recommendations and submissions made by the Office of the Planning Regulator in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration, and | ||
(III) the submissions made by any other persons in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis), | ||
(iii) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in relation to the material alteration, | ||
(iv) give the response of the chief executive to the matters raised in the submissions and the recommendations of the chief executive in relation to the material alteration, and | ||
(v) include any assessment carried out by the chief executive in accordance with subsection (11). | ||
(13) (a) The members of a planning authority shall consider the material alteration and the report of the chief executive under subsection (12). | ||
(b) The consideration of the material alteration and the chief executive’s report under paragraph (a) shall be completed not later than 6 weeks after the submission of the chief executive’s report to the members of the authority. | ||
(14) (a) Subject to paragraphs (b) and (c), the members of the planning authority shall, by resolution, having considered the chief executive’s report, make the plan with or without the material alteration. | ||
(b) Where the members of the planning authority decide to make the plan with the material alteration, they may do so subject to any minor modifications to the material alteration that they consider necessary. | ||
(c) For the purposes of paragraph (b), a modification to the material alteration shall be deemed to be minor where it— | ||
(i) does not substantially or materially alter the material alteration, | ||
(ii) is not likely to have significant effects on the environment or on any European site, and | ||
(iii) does not relate to— | ||
(I) an increase in the area of land zoned for any purpose, or | ||
(II) an addition to or deletion from the record of protected structures. | ||
(d) Where, in making the development plan under this subsection, the members of the authority do not comply with any recommendation made by the Minister or the Office of the Planning Regulator under this section, they shall so inform the Minister or the Office of the Planning Regulator, as the case may be, as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned. | ||
(15) (a) Where a planning authority makes a development plan, it shall publish, in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, a notice of the making of the development plan within 2 weeks of the date of the making of the plan by the members of the authority under paragraph (c) of subsection (7) or subsection (14). | ||
(b) A notice under this subsection shall state that a copy of the development plan will be available for inspection on a website maintained by or on behalf of the planning authority and at a place specified in the notice on and from a date as may be so specified (being not more than 5 weeks after the date of the making of the development plan). | ||
(c) The planning authority shall, within 5 weeks of the making of the development plan, send a copy of the development plan to— | ||
(i) the Minister, | ||
(ii) the Office of the Planning Regulator, | ||
(iii) the Maritime Area Regulatory Authority, | ||
(iv) the Commission, | ||
(v) the regional assembly for the region within which the functional area to which the development plan relates is situated, | ||
(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(vii) any Local Community Development Committee within the functional area of the planning authority, | ||
(viii) any adjoining planning authority, | ||
(ix) the National Transport Authority, and | ||
(x) such other bodies, including, where appropriate, a regional assembly of an adjoining region, as may be prescribed. | ||
(d) Where a planning authority sends a copy of any development plan to the Office of the Planning Regulator under paragraph (c), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, any regional assembly and the National Transport Authority in accordance with this section. | ||
(e) A planning authority shall make a copy of the development plan available for purchase by any member of the public on payment of a specified fee not exceeding the reasonable cost of making a copy. | ||
(16) As soon as may be after making a development plan which contains an addition to or a deletion from the record of protected structures under subsection (1) of section 307 of— | ||
(a) particular structures, | ||
(b) specific parts of particular structures, or | ||
(c) specific features within the attendant grounds of particular structures, | ||
the planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars. | ||
(17) A development plan made under this section shall take effect 8 weeks from the date of the making of the plan under paragraph (c) of subsection (7) or subsection (14). | ||
(18) Notwithstanding this Part, where a planning authority fails to make a development plan— | ||
(a) within a period of 2 years and 12 weeks from the date of the notice of intention to make a new development plan under section 54 , where that notice was published at least 12 weeks prior to the period of 8 years referred to in subsection (2) of section 42 , and | ||
(b) within a period of 2 years from the date of the notice of intention to make a new development plan under section 54 , where that notice was published otherwise in accordance with subsection (2) of section 42 , | ||
the chief executive shall make a development plan provided that so much of a draft plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the chief executive. | ||
(19) Where, under paragraph (b) of subsection (5) of section 42 , the Minister has extended the period during which a development plan has effect— | ||
(a) the planning authority may make a new development plan in accordance with this section during the period of the extension, and | ||
(b) the chief executive of a planning authority shall not make a new development plan under subsection (18) during the period of the extension. | ||
(20) A failure to comply with subsections (6), (10) and (11) of section 54 and subsections (1), (5), (6), (7), (8), (10), (12), (13) and (15) within the time period specified therein shall not of itself invalidate a development plan. |