Planning and Development Act 2024
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Procedure for preparing and making urban area plans and priority area plans | ||
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75. (1) A planning authority shall commence the preparation of an urban area plan and a priority area plan prior to the preparation of an interim report under subsection (2) of section 56 on the progress achieved towards securing the implementation of the development plan for the functional area in which the part of the settlement concerned is situate. | ||
(2) Before the sending and publication of a notice under subsection (5) of a proposal to make an urban area plan or a priority area plan— | ||
(a) the chief executive of the planning authority shall consult the members of the planning authority or, in the case of a priority area plan where a sub-committee has been appointed under subsection (3) of section 72 , the members of the sub-committee, and prepare a draft of the plan concerned, and | ||
(b) the planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is required to be carried out in respect of the draft plan and shall determine, in accordance with Part 6 , whether an appropriate assessment is required to be carried out in respect of the draft plan. | ||
(3) Where the planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out a strategic environmental assessment, it shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations. | ||
(4) Where the planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out an appropriate assessment in respect of a draft urban area plan or priority area plan, it shall prepare a Natura impact report in accordance with Part 6 . | ||
(5) The planning authority shall— | ||
(a) send notice of the proposal to make an urban area plan or priority area plan, as the case may be, a draft of the proposed plan and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) to— | ||
(i) the Minister, | ||
(ii) the Office of the Planning Regulator, | ||
(iii) the Commission, | ||
(iv) the regional assembly for the region in which the settlement or part of the settlement is situate, | ||
(v) any planning authority whose functional area is contiguous to the settlement or part of the settlement to which the proposed plan relates, | ||
(vi) where the settlement or part of the settlement to which the proposed plan relates includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(vii) the National Transport Authority, and | ||
(viii) such other persons as may be prescribed, | ||
and | ||
(b) publish a copy of the notice referred to in paragraph (a) in one or more newspapers circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority. | ||
(6) A notice under subsection (5) shall state— | ||
(a) that the planning authority proposes to make an urban area plan or priority area plan, | ||
(b) the outcome of the determinations made under paragraph (b) of subsection (2), | ||
(c) that a draft of the proposed plan, the determinations made under paragraph (b) of subsection (2) and any environmental report prepared in accordance with subsection (3) or Natura impact report prepared in accordance with subsection (4) may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 6 weeks from the date of the notice) as may be so specified, | ||
(d) that written submissions received before the expiry of the period specified in the notice, will be taken into consideration before the making of the urban area plan or priority area plan, and | ||
(e) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (d). | ||
(7) Written submissions received by the planning authority in accordance with paragraph (d) of subsection (6) 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. | ||
(8) Subsequent to the receipt of written submissions received in accordance with paragraph (d) of subsection (6) and before finalisation of his or her report in accordance with subsection (9), the chief executive shall carry out in respect of the draft plan and any amendments which he or she proposes to recommend to the members of the planning authority, any assessment which is required in accordance with subsection (3) or (4). | ||
(9) Not later than 12 weeks from the date of the notice under subsection (5), the chief executive of a planning authority shall prepare a report on any submissions received under paragraph (d) of subsection (6) and shall submit the report to the members of the planning authority for their consideration and publish it on a website maintained by or on behalf of the planning authority as soon as practicable following submission to the members. | ||
(10) A report under subsection (9) shall— | ||
(a) list the persons who made submissions, | ||
(b) provide a summary of any submissions made by— | ||
(i) the Office of the Planning Regulator, the Minister or regional assembly, and | ||
(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis), | ||
in relation to the proposed plan, | ||
(c) set out the opinion of the chief executive in relation to the matters raised in the submissions and his or her recommendations in relation to the proposed plan taking account of the principles of proper planning and sustainable development of the settlement or part of the settlement to which the plan relates, the statutory obligations of the planning authority in whose functional area the settlement or part of the settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government, | ||
(d) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the Office of the Planning Regulator, Minister, or regional assembly in respect of the proposed plan should be addressed, | ||
(e) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the National Transport Authority in respect of the proposed plan should be addressed, and | ||
(f) include any assessment of the chief executive under subsection (8). | ||
(11) The members of the planning authority shall consider a report of the chief executive prepared under subsection (9) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the date of furnishing of the report to the members of the planning authority unless the planning authority, by resolution passed before the expiry of the said period— | ||
(a) subject to subsection (12), decides to make the plan as recommended in the report of the chief executive, | ||
(b) subject to subsection (12), decides to make the plan otherwise than as recommended in the chief executive’s report, or | ||
(c) decides not to make the plan. | ||
(12) Where the members of the planning authority resolve in accordance with paragraph (a) or (b) of subsection (11) to make an urban area plan or a priority area plan in a form that includes a material alteration, the plan shall not be considered to have been made and, subject to subsections (13) to (15), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (a) or (b) of subsection (11)— | ||
(a) publish notice of the proposed material alteration 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, which notice shall state— | ||
(i) that the planning authority proposes to make an urban area plan or priority area plan in form that include a material alteration to the draft plan, | ||
(ii) the outcome of the determinations made by the planning authority under subsections (13) and (14), | ||
(iii) that a copy of the proposed material alteration, the determinations by the planning authority under subsection (13) and (14) and any environmental report or Natura impact report, may be inspected at a place specified in the notice at such times as may be 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 | ||
(iv) that written submissions in respect of the proposed material alteration received within the period specified in the notice shall be taken into consideration and shall be published on a website maintained by or on behalf of the planning authority within 10 working days of receipt unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, | ||
and | ||
(b) send notice of the proposed material alteration (enclosing a copy of the proposed material alteration) to the persons referred to in paragraph (a) of subsection (5). | ||
(13) Prior to the publication of a notice under subsection (12), 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 material alteration of the draft plan. | ||
(14) Prior to the publication of a notice under subsection (12), the planning authority shall determine, in accordance with Part 6 , whether an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft plan. | ||
(15) Where the planning authority determines under subsection (13) or (14) 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 material alteration and the 3 week period referred to in subsection (12) may be extended by such period as the chief executive specifies as being necessary for this purpose. | ||
(16) Subsequent to receipt of the written submissions under subparagraph (iv) of paragraph (a) of subsection (12) and before finalisation of his or her report in accordance with subsection (17), the chief executive of the planning authority shall carry out in respect of the material alteration any assessment which has been determined in accordance with subsection (13) or (14) to be required. | ||
(17) Not later than 8 weeks after the publication of a notice under subsection (12), the chief executive shall prepare a report on any submissions received under subparagraph (iv) of paragraph (a) of that subsection and submit the report to the members of the planning authority for their consideration. | ||
(18) A report prepared for the purposes of subsection (17) shall be published on a website maintained by or on behalf of the planning authority as soon as practicable following submission to the members of the planning authority. | ||
(19) A report under subsection (17) shall— | ||
(a) list the persons who made submissions under subparagraph (iv) of paragraph (a) of subsection (12), | ||
(b) provide a summary of any submissions made by— | ||
(i) the Office of the Planning Regulator, the Minister or regional assembly, and | ||
(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis), | ||
in relation to the proposed material alteration, | ||
(c) set out the opinion of the chief executive in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration, taking account of the principles of proper planning and sustainable development of the settlement or part of the settlement to which the plan relates, the statutory obligations of the planning authority in whose functional area the settlement or part of the settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government, | ||
(d) set out the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in relation to the proposed material alteration should be addressed, | ||
(e) set out the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the National Transport Authority in relation to the proposed material alteration should be addressed, and | ||
(f) include the assessment of the chief executive under subsection (16). | ||
(20) The members of the planning authority shall consider the report of the chief executive prepared under subsection (17) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the date of furnishing of the report to the members of the planning authority unless the planning authority, by resolution passed before the expiry of the said period— | ||
(a) decides to make the plan as recommended in the report of the chief executive, | ||
(b) decides to make the plan with or without the proposed material alteration as published in accordance with subsection (12) or with a further minor modification of the proposed material alteration, or | ||
(c) decides not to make the plan. | ||
(21) For the purposes of paragraph (b) of subsection (20), a modification to the material alteration shall be deemed to be minor where it— | ||
(a) does not substantially or materially alter the material alteration, and | ||
(b) is not likely to have significant effects on the environment or on any European site. | ||
(22) A resolution referred to in subsection (11) or (20) shall require to be passed by not less than half of the members of the planning authority and the requirements of this subsection are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution. | ||
(23) As soon as practicable and not later than 4 weeks after the making of an urban area plan or a priority area plan under paragraph (a) or (b) of subsection (11) or paragraph (a) or (b) of subsection (20) or the deemed making of an urban area plan or a priority area plan under subsection (11) or (20), a planning authority shall send a copy of the plan as made to the persons to which a notice was sent in accordance with paragraph (a) of subsection (5) and shall publish a copy of the plan on a website maintained by or on behalf of the planning authority. | ||
(24) Where a planning authority in making an urban area plan or priority area plan under this section acts inconsistently with any submission made by the Office of the Planning Regulator or the Minister, the chief executive shall include notice of this fact, which notice shall contain a statement of the reasons for acting inconsistently with such submission, when sending a copy of the plan as made to the Office of the Planning Regulator and the Minister in accordance with subsection (23). | ||
(25) Where a planning authority sends a copy of an urban area plan or a priority area plan to the Office of the Planning Regulator under subsection (23), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, a regional assembly or the National Transport Authority in accordance with this section. | ||
(26) A failure to comply with subsections (1), (7), (9), (12), (17) and (23) within the time period specified therein shall not of itself invalidate an urban area plan or priority area plan. | ||
(27) The Minister may by regulations make further provision about— | ||
(a) the preparation of, the making of and the amendment of urban area plans and priority area plans, and | ||
(b) related matters. |