Planning and Development Act 2024
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Variation of development plan | ||
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58. (1) Subject to subsection (2), subsection (8) of section 42 and section 59 , a planning authority may at any time, for stated reasons, decide to make a variation of a development plan for its functional area for the time being in force. | ||
(2) A planning authority may not make a variation of a development plan which would have the effect of amending the settlement-specific objectives of a settlement or part of a settlement— | ||
(a) in respect of which a coordinated area plan is in force under Chapter 6, or | ||
(b) which is designated in a regional spatial and economic strategy for the time being in force as an area in respect of which a coordinated area plan is to be prepared, | ||
unless the other planning authority or authorities which made the coordinated area plan concerned and the director of the regional assembly consent to the making of the variation. | ||
(3) (a) The members of a planning authority may at any time, by resolution request the chief executive of the planning authority to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan for the time being in force. | ||
(b) The chief executive of a planning authority shall submit a report to the members further to a request under paragraph (a) within 4 weeks of the adoption of the resolution. | ||
(c) The members of a planning authority shall, within 4 weeks of receipt of a report provided under paragraph (b), consider the report and shall, by resolution, decide to propose or not to propose to make the variation concerned. | ||
(4) The chief executive of the planning authority may at any time, for stated reasons, propose to make a variation of the development plan. | ||
(5) A screening for strategic environmental assessment and, where required, a strategic environmental assessment of a variation proposed under subsection (3) or (4) shall be carried out in accordance with the Strategic Environmental Assessment Regulations. | ||
(6) A screening for appropriate assessment and, where required, an appropriate assessment of a variation proposed under subsection (3) or (4) shall be carried out in accordance with Part 6 . | ||
(7) Where the members of a planning authority decide to propose to make a variation of a development plan under subsection (3) or the chief executive proposes to make a variation under subsection (4), the planning authority shall, as soon as practicable after making the decision— | ||
(a) send notice and a copy of the proposed variation 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 relevant regional assembly, | ||
(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 adjoining planning authority, | ||
(viii) the National Transport Authority, | ||
(ix) any Local Community Development Committee within the area of the development plan, | ||
(x) such other persons as may be prescribed, and | ||
(xi) where the variation is of a type that would have the effect referred to in subsection (2), the chief executive of any other planning authority whose functional area includes part of the area to which the coordinated area plan relates, | ||
and | ||
(b) publish notice of the proposed variation of the 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. | ||
(8) A notice under subsection (7) shall state— | ||
(a) the reason for the proposed variation, | ||
(b) that a copy of— | ||
(i) the proposed variation, | ||
(ii) any screening determination made in accordance with subsection (5) or (6), | ||
(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, and | ||
(c) that written submissions with respect to the proposed variation and any strategic environmental assessment or appropriate assessment of the proposed variation made to the planning authority within the period referred to in paragraph (b) will be taken into consideration before the making of the variation. | ||
(9) The Minister and the Office of the Planning Regulator may, as part of any submission in relation to a proposed variation of a development plan, or a proposed material alteration to a proposed variation, make such recommendations as they consider appropriate. | ||
(10) Written submissions received by a planning authority under this section 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. | ||
(11) (a) Not later than 8 weeks from the date of the notice under subsection (7), the chief executive of a planning authority shall— | ||
(i) prepare a report on any submissions received on foot of the publication of the notice, and | ||
(ii) submit the report to the members of the planning authority for their consideration. | ||
(b) A report prepared under subparagraph (i) of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable after its submission under subparagraph (ii) of paragraph (a). | ||
(c) A report prepared under paragraph (a) shall— | ||
(i) list the persons who made submissions, | ||
(ii) provide a summary of any— | ||
(I) recommendations and submissions made by the Minister, | ||
(II) recommendations and submissions made by the Office of the Planning Regulator, | ||
(III) submissions made by the regional assembly and the National Transport Authority, and | ||
(IV) submissions made by any other persons in relation to the proposed variation (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 in the submissions, taking account of the proper planning and sustainable development of the area, the statutory obligations of the planning authority and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, | ||
(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 in any submissions made by them should be dealt with, and | ||
(v) where required, include the assessment of the chief executive of the proposed variation for the purposes of strategic environmental assessment or appropriate assessment, taking into account the submissions received under this section. | ||
(12) (a) The members of a planning authority shall consider the proposed variation and the report of the chief executive under subsection (11). | ||
(b) The consideration of the proposed variation and the chief executive’s report under paragraph (a) shall be completed within 6 weeks from the date of the submission of the chief executive’s report to the members of the planning authority. | ||
(c) Where, following the consideration of the proposed variation and the chief executive’s report, it appears to the members of the planning authority that the proposed variation should be made, they may, subject to paragraph (d), by resolution make the proposed variation. | ||
(d) Where, following the consideration of the proposed variation and the chief executive’s report, it appears to the members of the authority that a modified version of the proposed variation should be made, they may, subject to subsection (13), by resolution make a modified version of the proposed variation. | ||
(e) Where, in making the proposed variation under paragraph (c) or a modified version of the proposed variation under paragraph (d), the members of the authority do not comply with any recommendation made by the Minister or Office of the Planning Regulator under this section, they shall, as soon as practicable following the making of the variation, so inform the Minister, or the Office of the Planning Regulator, as the case may be, by notice in writing which notice shall contain a statement of the reasons for the decision not to comply with the recommendation concerned. | ||
(13) (a) Subject to paragraphs (b), (c), (d) and (g), where the members of a planning authority make a modified version of the proposed variation under paragraph (d) of subsection (12) and the modification to the proposed variation constitutes a material alteration of the proposed variation— | ||
(i) the variation shall be deemed not to have been made, and | ||
(ii) the planning authority shall, not later than 2 weeks after the passing of a resolution under paragraph (d) of subsection (12), publish notice of the modification that constitutes a material alteration of the proposed variation 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 modification to the persons set out at subparagraphs (i) to (ix) of paragraph (a) of subsection (7). | ||
(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 modification that constitutes a material alteration of the proposed variation. | ||
(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 modification that constitutes a material alteration of the proposed variation. | ||
(d) Where the planning authority determines in accordance with paragraph (b) or (c) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the modification that constitutes a material alteration of the proposed variation and the 2 week period referred to in subparagraph (ii) of paragraph (a) may be extended by such period as the chief executive specifies as being necessary for this purpose. | ||
(e) Where applicable, a notice under paragraph (a) shall include notice of the making of any determination that an assessment referred to in paragraph (b) or (c) is required. | ||
(f) A notice under paragraph (a) shall state— | ||
(i) that a copy of— | ||
(I) the modification that constitutes a material alteration of the proposed variation, | ||
(II) any determination by the authority that an assessment referred to in paragraph (b) or (c) is or is not required, | ||
(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, and | ||
(ii) that written submissions with respect to the modification that constitutes a material alteration of the proposed variation or an assessment referred to in paragraph (b) or (c) and made to the planning authority within the period specified in the notice shall be taken into account by the authority before the variation of the development plan is made. | ||
(g) Where a strategic environmental assessment is required in accordance with paragraph (b) or an appropriate assessment is required in accordance with paragraph (c), the chief executive of the planning authority shall, subsequent to receipt of the written submissions under this section and before finalisation of the report required under subsection (15)— | ||
(i) carry out such assessment of the modification to the proposed variation of the draft development plan as is required, and | ||
(ii) include that assessment in that report. | ||
(14) Written submissions received by a planning authority on foot of publication of a notice under subsection (13) 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 planning authority within 10 working days of their receipt by the authority. | ||
(15) (a) Not later than 12 weeks from the date of the notice under subsection (13) the chief executive shall— | ||
(i) prepare a report on any submissions received on foot of the publication of the notice, and | ||
(ii) submit the report to the members of the planning authority for their consideration. | ||
(b) A report prepared under subparagraph (i) of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable after its submission under subparagraph (ii) of paragraph (a). | ||
(c) A report prepared under paragraph (a) shall— | ||
(i) list the persons who made submissions in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification, | ||
(ii) provide a summary of any— | ||
(I) recommendations and submissions made by the Minister in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification, | ||
(II+) recommendations and submissions made by the Office of the Planning Regulator in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification, | ||
(III) submissions made by the regional assembly and the National Transport Authority, and | ||
(IV) submissions made by any other person in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification (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 modification to the proposed variation, | ||
(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 modification to the proposed variation, and | ||
(v) include the assessment of the chief executive under paragraph (g) of subsection (13). | ||
(16) (a) The members of a planning authority shall consider the modification and the report of the chief executive under subsection (15). | ||
(b) The consideration of the modification and the chief executive’s report under paragraph (a) shall be completed not later than 4 weeks from the date of the submission of the chief executive’s report to the members of the planning authority. | ||
(17) (a) Subject to paragraph (b), the members of a planning authority shall, by resolution, having complied with subsection (16)— | ||
(i) make the variation as originally proposed by the planning authority, | ||
(ii) make the variation with the material alteration that was the subject of the notice under subsection (13), or | ||
(iii) refuse to make the variation. | ||
(b) Where the members of a planning authority decide to make the variation with the material alteration that was the subject of the notice under subsection (13), they may do so subject to any further minor modifications to the alteration that they consider appropriate. | ||
(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 a variation of the development plan under paragraph (a), the members of a planning authority do not comply with any recommendation made by the Minister or Office of the Planning Regulator under this section, they shall, as soon as practicable following the making of the variation, so inform the Minister or the Office of the Planning Regulator, as the case may be, by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned. | ||
(18) (a) Where a planning authority makes a variation of a development plan, it shall publish, within 1 week of the making of the variation, 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, notice of the making of the variation. | ||
(b) A notice under this subsection shall state that a copy of the development plan as varied 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 variation of the development plan). | ||
(c) A planning authority shall, within 1 week of the making of a variation of a development plan, send a copy of the variation to— | ||
(i) the Minister, | ||
(ii) the Office of the Planning Regulator, | ||
(iii) the Maritime Area Regulatory Authority, | ||
(iv) the Commission, | ||
(v) the relevant regional assembly, | ||
(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(vii) the National Transport Authority, | ||
(viii) any adjoining planning authority, | ||
(ix) any Local Community Development Committee within the area of the development plan, and | ||
(x) such other persons as may be prescribed. | ||
(d) Where a planning authority sends a copy of any variation 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 variation available for purchase by any member of the public on payment of a specified fee not exceeding the reasonable cost of making a copy. | ||
(19) A failure to comply with subsection (3), (10), (11), (12), (13), (14), (15), (16) or (18) within the time period specified therein shall not of itself invalidate a variation of a development plan. | ||
(20) A variation made to a development plan shall take effect from the day that the variation is made. |