Planning and Development Act 2024
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Expedited variation of development plan | ||
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62. (1) This section applies where variations to a development plan for the time being in force— | ||
(a) are necessitated by the issuance of a new or amended National Planning Statement, | ||
(b) are being made for the purposes of ensuring that the development plan concerned is materially consistent with National Planning Policies and Measures contained in such statement, and | ||
(c) the Office of the Planning Regulator has informed the planning authority under subparagraph (i) of paragraph (a) of subsection (3) of section 61 that it is satisfied with the steps proposed by the planning authority. | ||
(2) Within 6 weeks of being informed by the Office of the Planning Regulator in accordance with subparagraph (i) of paragraph (a) of subsection (3) of section 61 that the Office of the Planning Regulator is satisfied with the steps proposed by a planning authority under subsection (2) of that section, the chief executive of the planning authority shall prepare a draft variation to the development plan concerned and shall conduct a screening for strategic environmental assessment in respect of the draft variation in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft variation in accordance with Part 6 . | ||
(3) In carrying out any screening assessment under subsection (2), the chief executive shall, with a view to avoiding duplication of assessments, take account of the fact and content of any assessment that the Minister has conducted in respect of the relevant National Planning Statement. | ||
(4) Where the chief executive determines that a strategic environmental assessment or an appropriate assessment, or both, as the case may be, is or are required in respect of a draft variation, the draft variation may only be made by way of a variation to the development plan concerned under section 58 and may not be made under this section. | ||
(5) Where the chief executive determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft variation, the chief executive shall propose the draft variation to the members of the planning authority for adoption by resolution. | ||
(6) Where the chief executive proposes a draft variation to the planning authority under subsection (5), the proposed variation shall be deemed to have been made at the expiration of a period of 6 weeks from the date of the proposal unless the members of the planning authority, within that period, by resolution reject the proposed variation. | ||
(7) Where a variation is deemed to have been made under subsection (6), the publication requirements under subsection (18) of section 58 shall apply in respect of the development plan as varied. | ||
(8) Where, within the 6 week period referred to in subsection (6), the members of the planning authority by resolution reject the variation proposed by the chief executive— | ||
(a) the chief executive shall advise the Office of the Planning Regulator of this fact, and | ||
(b) the Office of the Planning Regulator shall consider whether to make a recommendation under subsection (9). | ||
(9) Where, following a resolution under subsection (8), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 61 , it shall make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by— | ||
(a) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 64 , and | ||
(b) a statement of reasons for the recommendation. | ||
(10) Subject to subsections (11) and (12), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (9)— | ||
(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and | ||
(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 64 , whether with or without modifications. | ||
(11) Where the Minister decides under subsection (10) that a draft direction should be issued under section 64 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (10) the material inconsistency for the purposes of subsection (1) of section 61 , and | ||
(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 in accordance with the proposed terms for the draft direction under subsection (9), with or without such modifications as may be specified by the Minister in the direction. | ||
(12) Where the Minister decides under subsection (10) that a draft direction should not be issued under section 64 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (10) the material inconsistency for the purposes of subsection (1) of section 61 and his or her reasons for deciding that a draft direction should not be issued, and | ||
(b) direct the Office of the Planning Regulator not to issue the draft direction. | ||
(13) A direction issued under paragraph (b) of subsection (12) shall be laid before each House of the Oireachtas by the Minister. |