Planning and Development Act 2024
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Procedure for preparing and making coordinated area plans | ||
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76. (1) A principal planning authority shall commence the preparation of a coordinated area plan prior to the preparation by the principal planning authority 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. | ||
(2) Before the sending and publication of a notice under subsection (5) of a proposal to make a coordinated area plan— | ||
(a) the chief executive of the principal planning authority shall consult the coordinated area plan committee appointed under subsection (3) of section 73 and prepare a draft of the plan, and | ||
(b) the principal 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 draft plan and shall determine, in accordance with Part 6 , whether an appropriate assessment is or is not required to be carried out in respect of the draft plan. | ||
(3) Where the principal 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 principal planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out an appropriate assessment, it shall prepare a Natura impact report in accordance with Part 6 . | ||
(5) The principal planning authority shall— | ||
(a) send notice of the proposal to make a coordinated area plan, 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 any region in which the settlement or the part of a settlement to which the proposed plan relates is situate, | ||
(v) the associate planning authority, | ||
(vi) any other planning authority whose functional area is contiguous with the settlement or the part of a settlement to which the proposed plan relates, | ||
(vii) where the settlement or the part of a settlement to which the proposed plan relates includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(viii) the National Transport Authority, and | ||
(ix) 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 settlement or the part of a settlement to which the proposed plan relates and on a website maintained by or on behalf of the principal planning authority. | ||
(6) A notice under subsection (5) shall state— | ||
(a) that the principal planning authority and associate planning authority propose to make a coordinated 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 in accordance with paragraph (b) of subsection (2) and any environmental report referred to in subsection (3) or Natura impact report referred to in 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 coordinated 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 principal 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 and a copy of the submissions shall also be provided to the associate planning authority within the said period. | ||
(8) Subsequent to the receipt of written submissions under paragraph (d) of subsection (6) and before finalisation of his or her report in accordance with subsection (9), the chief executive of the principal planning authority shall carry out 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 the principal 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 coordinated area plan committee for their consideration and publish it on a website maintained by or on behalf of the principal planning authority as soon as practicable following submission to the members of the committee. | ||
(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 the part of a settlement to which the plan relates, the statutory obligations of any planning authorities in whose functional area the settlement or the part of a 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, the 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 coordinated area plan committee shall consider a report of the chief executive prepared under subsection (9) and shall within 6 weeks after the date of furnishing of the report to the members of the coordinated area plan committee by resolution— | ||
(a) make a recommendation to the principal planning authority and associate planning authority not to make the draft coordinated area plan, | ||
(b) make a recommendation to the principal planning authority and associate planning authority to make the draft coordinated area plan with or without a non- material alteration, or | ||
(c) subject to subsection (14), propose an alteration to the draft coordinated area plan which, if made, would be a material alteration. | ||
(12) Where the members of the coordinated area plan committee make a recommendation under paragraph (a) or (b) of subsection (11), the principal planning authority and the associate planning authority shall consider the recommendation in accordance with subsection (24). | ||
(13) Where the members of the coordinated area plan committee fail to pass any resolution under subsection (11) within the period specified therein, the recommendation of the chief executive of the principal planning authority as set out in the report prepared under subsection (9) shall be deemed to be the recommendation of the coordinated area plan committee and the principal planning authority and the associate planning authority shall consider this recommendation in accordance with subsection (24). | ||
(14) Where the members of the coordinated area plan committee resolve in accordance with paragraph (c) of subsection (11) to propose a material alteration to the draft coordinated area plan, subject to subsections (15) to (17), the principal planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (c) of subsection (11)— | ||
(a) publish notice of the proposed material alteration in one or more newspapers circulating in the settlement or the part of a settlement to which the proposed coordinated area plan relates and on a website maintained by or on behalf of the principal planning authority, which notice shall state— | ||
(i) that the members of the coordinated area plan committee have resolved to make a material alternation to the draft coordinated area plan, | ||
(ii) the outcome of the determinations made by the principal planning authority under subsections (15) and (16), | ||
(iii) that a copy of the proposed material alteration, the determinations made by the principal planning authority in accordance with subsection (15) and (16) 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 copied to the associate planning authority, shall be taken into consideration and shall, within 10 working days of receipt, be published on a website maintained by or on behalf of the principal planning authority 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). | ||
(15) Prior to the publication of a notice under subsection (14), the principal 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. | ||
(16) Prior to the publication of a notice under subsection (14), the principal 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. | ||
(17) Where the principal planning authority determines under subsection (15) or (16) 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 (14) may be extended by such period as the chief executive of the principal planning authority specifies as being necessary for this purpose. | ||
(18) Subsequent to receipt of the written submissions under subparagraph (iv) of paragraph (a) of subsection (14) and before finalisation of his or her report in accordance with subsection (19), the chief executive of the principal planning authority shall carry out in respect of the material alteration any assessment which is required in accordance with subsection (15) or (16). | ||
(19) Not later than 8 weeks after the publication of a notice under subsection (14), the chief executive of the principal planning authority 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 coordinated area plan committee for their consideration. | ||
(20) A report prepared for the purposes of subsection (19) shall be published on a website maintained by or on behalf of the principal planning authority as soon as practicable following submission to the members of the coordinated area plan committee. | ||
(21) A report under subsection (19) shall— | ||
(a) list the persons who made submissions under subparagraph (iv) of paragraph (a) of subsection (14), | ||
(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) contain 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 the part of a settlement to which the plan relates, the statutory obligations of the planning authorities in whose functional area the settlement or the part of a settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government, | ||
(d) contain 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) contain 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 (18). | ||
(22) The members of the coordinated area plan committee shall consider a report of the chief executive prepared under subsection (19) and shall within 6 weeks after the furnishing of the report to the members of the coordinated area plan committee by resolution— | ||
(a) make a recommendation to the principal planning authority and associate planning authority not to make the draft coordinated area plan, or | ||
(b) make a recommendation to the principal planning authority and associate planning authority to make the draft coordinated area plan with or without the proposed material alteration, | ||
and the principal planning authority and the associate planning authority shall consider such recommendation in accordance within subsection (24). | ||
(23) Where the members of the coordinated area plan committee fail to pass any resolution under subsection (22) within the period specified therein, the recommendation of the chief executive of the principal planning authority as set out in the report prepared under subsection (19) shall be deemed to be the recommendation of the coordinated area plan committee and the principal planning authority and the associate planning authority shall consider this recommendation in accordance with subsection (24). | ||
(24) (a) Within 4 weeks of receipt of a recommendation of a coordinated area plan committee under subsection (11), (13), (22) or (23), the members of the principal planning authority and the associate planning authority shall vote by resolution on whether to accept the recommendation and whether or not to make the coordinated area plan with or without the proposed material alteration. | ||
(b) Where the members of the planning authority decide to make the plan with the material alteration, they may do so subject to any minor modifications that they consider necessary. | ||
(c) For the purposes of paragraph (b), a modification to the material alteration shall be deemed to be minor where it— | ||
(i) does not substantially or materially alter the material alteration, and | ||
(ii) is not likely to have significant effects on the environment or on any European site. | ||
(25) A resolution referred to in subsection (24) shall require to be passed— | ||
(a) by the principal planning authority and the associate planning authority, and | ||
(b) by not less than half of the total number of members of each 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. | ||
(26) As soon as practicable and not later than 4 weeks after the making of a coordinated area plan under subsection (24), a principal 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 the principal planning authority and the associate planning authority shall each publish a copy of the plan on a website maintained by it or on its behalf. | ||
(27) Where a principal planning authority and associate planning authority in making a coordinated area plan under this section act inconsistently with any submission made by the Office of the Planning Regulator or the Minister, the chief executive of the principal planning authority 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 (26). | ||
(28) Where a principal planning authority sends a copy of the coordinated area plan to the Office of the Planning Regulator under subsection (26), the principal planning authority shall also send any submissions received by the principal planning authority from the Minister, the regional assembly and the National Transport Authority in accordance with this section. | ||
(29) Where any notice, submission or report requires to be published by a principal planning authority under this section on a website maintained by or on behalf of the principal planning authority, an associate planning authority shall, within 2 working days of publication by the principal planning authority, publish a link to such publication on a website maintained by or on behalf of the associate planning authority. | ||
(30) Where the members of the principal planning authority and the associate planning authority by resolution under subsection (24) decide not to make a plan, or where they fail to vote on a resolution within the 4 week period referred to in that subsection, the chief executive of the principal planning authority shall as soon as practicable recommence the procedures in this section. | ||
(31) (a) Where a dispute arises between a principal planning authority and an associate planning authority in relation to the application of the procedures under this section, the principal planning authority or the associate planning authority may refer that dispute to the Minister for resolution. | ||
(b) Where a dispute is referred to the Minister under paragraph (a), the period of time from the date of such referral to the resolution of the dispute under subsection (32) shall be disregarded for the purposes of reckoning any period referred to in this section. | ||
(32) Where a dispute is referred to the Minister under subsection (31), the Minister— | ||
(a) shall consult with the principal planning authority and associate planning authority, the Office of the Planning Regulator and regional assembly for the region in which the settlement or the part of a settlement to be the subject of the coordinated area plan is situate, and | ||
(b) may, having complied with paragraph (a) and provided he or she is satisfied that a planning authority, a chief executive of a principal planning authority or a coordinated area plan committee appointed under subsection (3) of section 73 has failed to discharge a statutory obligation imposed under this section, by notice require the planning authority, chief executive of a principal planning authority or coordinated area plan committee, as the case may be, to take such steps as are specified in the notice for the purposes of ensuring compliance with this section, | ||
and the planning authority, chief executive of a principal planning authority or coordinated area plan committee, as the case may be, shall comply with any such notice. | ||
(33) A failure to comply with subsections (1), (7), (9), (14), (19), (24), (26) and (29) within the time period specified therein shall of itself not invalidate a coordinated area plan. | ||
(34) The Minister may by regulations make further provision about— | ||
(a) the preparation of, the making of and the amendment of coordinated area plans, and | ||
(b) related matters. |