Planning and Development Act 2024
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Continuation in force of pre-commencement local area plans | ||
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81. (1) Notwithstanding the repeal of section 20 of the Act of 2000 effected by section 6 , a local area plan made under that section that was in force in respect of any particular area within the functional area of a planning authority immediately before such repeal shall continue in force on and after that repeal— | ||
(a) for the remainder of the period stated in the plan for which it is to remain in force, or | ||
(b) until a new development plan has been made under Chapter 5 in respect of the functional area to which the plan relates, | ||
whichever is the shorter period. | ||
(2) The members of a planning authority may, by resolution for the purposes of ensuring the effective operation of this Part, extend for such period as they consider appropriate, the period for which a local area plan continued in force under subsection (1) is to remain in force provided that a new development plan has not been made under Chapter 5 in respect of the functional area to which the plan relates. | ||
(3) Prior to adopting a resolution under subsection (2), a planning authority 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 ). | ||
(4) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2) and a new development plan is made under Chapter 5 before the expiry of the period as extended, the local area plan concerned shall cease to have effect upon the coming into effect of the new development plan. | ||
(5) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2), the chief executive of the planning authority shall, as soon as practicable thereafter, notify the Minister of the extension. | ||
(6) A planning authority may, during the period that a local area plan made by it remains in force by virtue of subsection (1), amend that plan. | ||
(7) Where a provision of a local area plan continued in force under subsection (1) conflicts with— | ||
(a) 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, | ||
(b) National Planning Policies and Measures contained in a National Planning Statement issued under section 25 , the National Planning Policies and Measures shall take precedence, and | ||
(c) a provision of a development plan continued in force under subsection (1) of section 68 , the provision of the latter shall take precedence. |