Planning and Development Act 2024

• Permanent Page URL

Chapter 3

Amenities

Area of special amenity

266. (1) Where, in the opinion of the planning authority, by reason of—

(a) its outstanding natural beauty, or

(b) its special recreational value,

and having regard to any benefits for nature conservation, an area of land should be declared to be an area of special amenity, it may, by resolution, make an order to do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.

(2) Where it appears to the Minister that an area of land should be declared to be an area of special amenity by reason of—

(a) its outstanding natural beauty, or

(b) its special recreational value,

and having regard to any benefits for nature conservation, he or she may, if he or she considers it necessary, direct a planning authority to make an order under subsection (1) in relation to the area of land specified in the direction and may, if he or she thinks fit, require that objectives specified in the direction be included by the planning authority in the order in respect of matters and in a manner so specified.

(3) If the Minister gives a direction under subsection (2) the planning authority concerned shall comply with the direction, and where the direction is that the order shall also be in respect of an area of land in or partly in the functional area of another planning authority, that planning authority shall not withhold its consent under subsection (4).

(4) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under subsection (1) in respect of an area of land in or partly in the functional area of the other.

(5) As soon as may be after it has made an order under subsection (1), a planning authority shall publish in at least one newspaper circulating in its functional area, and in the functional area of any planning authority which has given its consent under subsection (4), a notice—

(a) stating the fact of the order having been made, and describing the area to which it relates,

(b) naming a place where a copy of the order and of any map referred to in it may be seen during office hours,

(c) specifying the period (not being less than 4 weeks) within which, and the manner in which, submissions in relation to the order may be made to the planning authority, and

(d) specifying that the order requires confirmation by the Commission and that, where any submissions are duly made and are not withdrawn, an oral hearing may be held and the submissions will be considered before the order is confirmed.

(6) As soon as may be after the period for making submissions has expired, the planning authority shall refer the order to the Commission for confirmation and provide, with the referral, any submissions duly made and not withdrawn to the Commission.

(7) The Commission shall consider the order and any submissions provided to it and may confirm the order, with or without modifications, or refuse to confirm it.

(8) An order under subsection (1) shall come into operation on being confirmed by the Commission, whether with or without modification, under subsection (7).

(9) An order made and confirmed under this section may be revoked or amended in the same manner in which an order is made and confirmed under this section (and in the case of the revocation or amendment of an order made pursuant to a direction under subsection (2), only on the direction of or with the consent of the Minister).

(10) A reference in this Act, or any other enactment, to a special amenity area order shall be construed as a reference to an order confirmed under subsection (7).

(11) Particulars of an order under subsection (1), a confirmation or refusal to confirm under subsection (7), and of a revocation or amendment of an order under subsection (9) shall be entered in the register.

(12) (a) An order under section 202 of the Act of 2000 made (but not confirmed under section 203 of that Act) before the repeal of that section by section 6 shall be deemed to be an order made but not confirmed under this section.

(b) An order under section 202 of the Act of 2000 that, immediately before the repeal of that section by section 6 was a special amenity area order within the meaning of that Act shall remain in force on and after that repeal and be deemed to be an order confirmed under this section.

(13) (a) Section 202 of the Act of 2000 shall continue to have effect on and after the repeal of that section by section 6 in relation to a direction given (but not complied with) under that section before such repeal, and accordingly the planning authority shall comply with the direction as soon as may be after such repeal in accordance with the said section 202.

(b) An order under section 202 of the Act of 2000 made in accordance with a direction referred to in paragraph (a) shall be deemed to be an order made, but not confirmed, under this section.