Planning and Development Act 2024
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Urgent direction requiring chief executive to vary development plan | ||
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67. (1) This section applies where the Minister is satisfied that— | ||
(a) an event or situation with significant national, regional or strategic implications has occurred or is likely to occur, | ||
(b) it is necessary for the Government to take action as a matter of urgency for the purpose of dealing with the implications or likely implications of the event or situation concerned, and | ||
(c) the action to be taken includes the variation of a development plan. | ||
(2) The Minister may, with the approval of the Government, issue a direction (referred to in this section as an “urgent direction”) to a planning authority requiring the chief executive of the planning authority to vary the development plan for the functional area of the planning authority for the purpose specified in subsection (3) before the expiry of the period specified in the direction. | ||
(3) The purpose referred to in subsection (2) is to make provision for or in connection with a class of infrastructure or other development of national or strategic importance specified in the urgent direction— | ||
(a) at a location specified in the urgent direction, or | ||
(b) at a location that is to be selected by the chief executive of the planning authority in accordance with criteria set out in the urgent direction. | ||
(4) Before issuing an urgent direction, the Minister shall— | ||
(a) consult the Office of the Planning Regulator, | ||
(b) determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry out a strategic environmental assessment and, where it determines that it is necessary to do so, carry out a strategic environmental assessment in accordance with those regulations, | ||
(c) determine, in accordance with Part 6 , whether it is necessary to carry out an appropriate assessment and, where it determines that it is necessary to do so, carry out an appropriate assessment in accordance with that Part, | ||
(d) where the direction concerns the development plan of a single planning authority, notify the planning authority that he or she intends to issue a direction under this section, and | ||
(e) publish notice of the determinations made under paragraphs (b) and (c) on a website maintained by or on behalf of the Minister. | ||
(5) The chief executive of a planning authority shall— | ||
(a) comply with an urgent direction, and | ||
(b) make such consequential amendments of any urban area plan, priority area plan or coordinated area plan that is in force for the functional area of the planning authority as the chief executive considers necessary for the purpose of ensuring that any such plan is consistent with the development plan as varied by virtue of the urgent direction. | ||
(6) The chief executive of a planning authority shall, as soon as may be after varying a development plan and amending any urban area plan, priority area plan or coordinated area plan under this section— | ||
(a) publish notice of the making of the variations and amendments and a copy of the plan concerned as varied, and | ||
(b) where the chief executive has amended a coordinated area plan under paragraph (b) of subsection (5), give to each of the other planning authorities to whose functional area the coordinated area plan relates— | ||
(i) notice of the amendments, and | ||
(ii) a copy of the coordinated area plan as amended. | ||
(7) A varied development plan or an amended urban area plan, priority area plan or coordinated area plan shall take effect on the making of the variation or amendment by the chief executive of the planning authority the subject of an urgent direction. | ||
(8) A direction issued under subsection (2) shall, within 3 working days beginning on the date on which the direction is issued, be laid before each House of the Oireachtas by the Minister. |