Planning and Development Act 2024
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Continuation in force of pre-commencement development plan | ||
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68. (1) Notwithstanding the repeal of section 12 of the Act of 2000 effected by section 6 , a development plan made under that section that was in force in respect of the functional area of a planning authority immediately before such repeal shall, subject to subsection (3) and sections 61 and 62 , continue in force on and after that repeal— | ||
(a) for the remainder of the period of 6 years from the coming into effect of the development plan concerned, or | ||
(b) until a new development plan has been made under this Chapter in respect of the functional area to which the plan relates, | ||
whichever is the shorter period. | ||
(2) A development plan continued in force under subsection (1) shall have effect as if it were a development plan made under this Chapter. | ||
(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part, vary for such period as he or she considers appropriate, the period for which a development plan continued in force under subsection (1) is to remain in force. | ||
(4) Prior to making any order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6 ). | ||
(5) Where a provision of a development plan continued in force under subsection (1) conflicts with a provision of the National Planning Framework or the relevant regional spatial and economic strategy for the time being in force, the provision of the National Planning Framework or the relevant regional spatial and economic strategy, as the case may be, shall take precedence. |