Planning and Development Act 2024

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Chapter 2

Appropriate Assessment of Plans

Interpretation

198. (1) In this Chapter—

“competent authority” means—

(a) in relation to a National Planning Framework proposed to be published in accordance with subsection (1) of section 21 or a proposed revision of a National Planning Framework under that Chapter, the Minister,

(b) in relation to a National Planning Statement proposed to be issued under Chapter 3 of Part 3 or a proposed amendment to or revocation of a National Planning Statement under that Chapter, the Minister,

(c) in relation to the proposed revocation of any guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27 , the Minister,

(d) in relation to a regional spatial and economic strategy proposed to be made under Chapter 4 of Part 3 or a proposed revision of a regional spatial and economic strategy under that Chapter, the regional assembly for the region to which the regional spatial and economic strategy concerned relates,

(e) in relation to a draft amendment to a regional spatial and economic strategy as provided for in subsection (2) of section 37 , the director of the regional assembly for the region to which the regional spatial and economic strategy concerned relates,

(f) in relation to a development plan proposed to be made under Chapter 5 of Part 3 or a proposed variation of a development plan under that Chapter, the planning authority to whose functional area the development plan concerned relates,

(g) in relation to a draft amendment to a development plan as provided for in subsection (2) of section 62 , the chief executive of the planning authority in whose functional area the development plan concerned relates,

(h) in relation to an urban area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of an urban area plan under that Chapter, the planning authority within whose functional area the settlement to which the urban area plan concerned relates is situate,

(i) in relation to a priority area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of a priority area plan under that Chapter, the planning authority within whose functional area the part of a settlement to which the priority area plan concerned relates is situate,

(j) in relation to a coordinated area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of a coordinated area plan under that Chapter, other than a revocation of a coordinated area plan in accordance with subsection (3) of section 77 , the principal planning authority (within the meaning of Part 3 ) in relation to the coordinated area plan concerned,

(k) in relation to a direction proposed to be issued by the Minister under section 40 in respect of a regional spatial and economic strategy and subject to subsection (2) of section 200 , the Office and the Minister,

(l) in relation to a direction proposed to be issued by the Minister under section 65 in respect of a development plan, the Office and the Minister,

(m) in relation to an order proposed to be made under subsection (3) of section 68 , the Minister;

(n) in relation to a direction proposed to be issued by the Minister under section 80 in respect of an urban area plan, a priority area plan or a coordinated area plan, the Office and the Minister, and

(o) in relation to an urgent direction proposed to be issued by the Minister under section 67 in respect of a development plan, the Minister;

“make” includes—

(a) in relation to a National Planning Framework, publish in accordance with subsection (1) of section 21 ,

(b) in relation to—

(i) a National Planning Statement,

(ii) a direction as provided for in section 40 , section 65 or section 80 , and

(iii) an urgent direction as provided for in section 67 ,

issue, and

(c) in relation to the revocation of—

(i) any guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27 ,

(ii) an urban area plan,

(iii) a priority area plan, or

(iv) a coordinated area plan,

the making of the decision to revoke the guidelines, urban area plan, priority area plan or coordinated area plan, as the case may be;

“plan” means—

(a) a National Planning Framework or a revision to a National Planning Framework,

(b) a National Planning Statement, an amendment to a National Planning Statement or a revocation of a National Planning Statement,

(c) a revocation of guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27 ,

(d) a regional spatial and economic strategy or a revision to a regional spatial and economic strategy,

(e) an amendment to a regional spatial and economic strategy as provided for in subsection (2) of section 37 ,

(f) a development plan or a variation of a development plan,

(g) an amendment to a development plan as provided for in subsection (2) of section 62 ,

(h) an urban area plan, an amendment to an urban area plan or a revocation of an urban area plan,

(i) a priority area plan, an amendment to a priority area plan or a revocation of a priority area plan,

(j) a coordinated area plan, an amendment to a coordinated area plan or a revocation of a coordinated area plan other than a revocation in accordance with subsection (3) of section 77 ,

(k) a direction in respect of a regional spatial and economic strategy as provided for in section 40 ,

(l) an order under subsection (3) of section 68 ,

(m) a direction in respect of a development plan as provided for in section 65 ,

(n) a direction in respect of an urban area plan, a priority area plan or a coordinated area plan as provided for in section 80 , and

(o) an urgent direction in respect of a development plan as provided for in section 67 ;

“proposed plan” means a plan that is proposed to be made;

“screening for appropriate assessment” means, in relation to a plan, an assessment carried out in accordance with section 202 .

(2) A word or expression that is used in this Chapter and in the Habitats Directive has the meaning in this Chapter that it has in that directive.

(3) A word or expression that is used in this Chapter and in the Birds Directive has the meaning in this Chapter that it has in that directive.

(4) This Chapter shall be construed in accordance with the Habitats Directive and the Birds Directive.