Planning and Development Act 2024
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Variation affecting settlement-specific objectives in urban area plan or priority area plan | ||
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59. (1) This section applies where a planning authority is considering, in accordance with section 58 — | ||
(a) a proposed variation of a development plan, or | ||
(b) a material alteration to a proposed variation of a development plan, | ||
that would have the effect of amending the settlement-specific objectives set out in the development plan for a specific settlement. | ||
(2) The planning authority shall consider whether the making of the variation or material alteration to the variation concerned would necessitate amendment of any relevant area plan for the time being in force for such settlement, or part of such settlement, as the case may be, for the purposes of ensuring consistency of the relevant area plan with the settlement-specific objectives concerned. | ||
(3) Where, having considered the matter in accordance with subsection (2), the planning authority considers that a proposed variation to a development plan or a material alteration to a proposed variation would necessitate amendment of a relevant area plan for the time being in force, it shall include in any notice under subsection (7) of section 58 — | ||
(a) a statement that the proposed variation or material alteration to the proposed variation, as the case may be, necessitates amendment of a specified relevant area plan, and | ||
(b) state that a draft of the necessary amendments to the relevant area plan will be included with the documents available for inspection and on which submissions may be made within the period specified in the notice. | ||
(4) In preparing any report under section 58 , the chief executive of the planning authority shall take account of any submissions received by virtue of paragraph (b) of subsection (3). | ||
(5) In making any decision for the purposes of section 58 , the members of the planning authority shall take account of any submissions received by virtue of paragraph (b) of subsection (3). | ||
(6) Where the planning authority under section 58 makes a variation of the development plan which necessitates amendment of any relevant area plan for the time being in force, the decision to make the variation shall be deemed also to be a decision to make the necessary consequential amendment of the relevant area plan concerned. | ||
(7) Where subsection (6) applies, the notice required to be published in accordance with subsection (18) of section 58 shall also refer to the amendment of the relevant area plan concerned and to the availability for inspection of a copy of the relevant area plan as amended and a copy of the amendment shall be included with the copy of the variation sent to the persons specified in paragraph (c) of subsection (18) of section 58 . | ||
(8) In this section, “relevant area plan” means— | ||
(a) an urban area plan, or | ||
(b) a priority area plan. |