Planning and Development Act 2024
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Procedure for making additions, deletions and amendments to record of protected structures | ||
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309. (1) A planning authority shall not make an addition to, deletion from or amendment to the record of protected structures, including where it has decided to follow a recommendation under section 308 , other than in accordance with this section or in the course of a review of the development plan under section 42 . | ||
(2) A planning authority that proposes, at any time other than in the course of making its development plan under section 55 , to make an addition to, a deletion from or amendment to the record of protected structures shall, having considered the effect (if any) of making the proposed addition, deletion or amendment under subsection (4) of section 9 — | ||
(a) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the protected structure or proposed protected structure, as the case may be, of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, | ||
(b) send particulars of the proposed addition, deletion or amendment to the Minister and to any prescribed body, and | ||
(c) cause notice of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, to be published in at least one newspaper circulating in its functional area. | ||
(3) A notice under paragraph (a) or (c) of subsection (2) shall state the following: | ||
(a) that particulars of the proposed addition, deletion or amendment may be inspected at a specified place, during a period to be specified by the planning authority of not less than 8 weeks; | ||
(b) that, during the period specified under paragraph (a), any person may make written submissions on the proposed addition, deletion or amendment to the planning authority in the manner specified in the notice, and that any such submissions shall be taken into consideration by the planning authority before making a decision on the addition, deletion or amendment concerned; | ||
(c) that, during the period specified under paragraph (a), each owner or occupier of the structure to which the addition, deletion or amendment relates may request the planning authority, in the manner specified in the notice, to define the curtilage of the structure, and features within the attendant grounds of the structure, to which the addition, deletion or amendment relates, if not already specified in the notice, and that details of such curtilage and features shall be included in the record of protected structures where the proposed addition, deletion or amendment is approved by the members of the planning authority; | ||
(d) whether or not the proposed addition, deletion or amendment was the subject of a recommendation under subsection (1) of section 308 ; | ||
(e) a summary of the obligations, under section 311 , of owners and occupiers of structures to which the notice relates; | ||
and the planning authority shall allow for the inspection referred to in paragraph (a), the making of submissions under paragraph (b) and the making of requests under paragraph (c) in accordance with the notice. | ||
(4) Where the proposed addition, deletion or amendment was the subject of a recommendation under subsection (1) of section 308 , the planning authority shall, as soon as practicable after the expiry of the period specified in the notice under paragraph (a) of subsection (3), provide the Minister with— | ||
(a) a copy of all submissions made in accordance with paragraph (b) of subsection (3), and | ||
(b) a copy of all requests made in accordance with paragraph (c) of subsection (3). | ||
(5) The Minister may provide written observations to the planning authority concerning submissions made under paragraph (b) of subsection (3), or requests made under paragraph (c) of subsection (3), not later than 4 weeks from the date on which the Minister receives a copy of such submission or request under subsection (4). | ||
(6) Not later than 6 weeks after the expiry of— | ||
(a) the period referred to in subsection (5), where the proposed addition, deletion or amendment was the subject of a recommendation under subsection (1) of section 308 , or | ||
(b) the period referred to in paragraph (a) of subsection (3), in any other case, | ||
the chief executive of a planning authority shall prepare a report in accordance with subsection (8) and submit the report to the members of the authority for their consideration. | ||
(7) A chief executive’s report submitted under subsection (6) shall be published on the website of the planning authority concerned as soon as practicable following its submission to the members of the authority. | ||
(8) A report under subsection (6) shall— | ||
(a) provide a summary of the proposal made by the planning authority under subsection (2), | ||
(b) where the Minister has made a recommendation under section 308 , provide a summary of the recommendation, | ||
(c) list the persons who made submissions under this section, | ||
(d) provide a summary of all submissions or requests made in accordance with a notice under subsection (3), | ||
(e) where the Minister has made an observation under subsection (5), provide a summary of that observation, | ||
(f) provide a summary of the response of the chief executive to any submissions received by the planning authority under paragraph (b) of subsection (3), and to observations under subsection (5), | ||
(g) provide a summary of the response of the chief executive to any request received by the planning authority under paragraph (c) of subsection (3), | ||
(h) provide a summary of the response of the chief executive to the issues raised either in respect of the proposal made by the planning authority under subsection (2) or the recommendation under subsection (1) of section 308 , taking account of any relevant national planning statements, | ||
(i) include a recommendation from the chief executive on whether the members of the planning authority should— | ||
(i) support the addition, deletion or amendment, | ||
(ii) support the addition, deletion or amendment subject to modifications, or | ||
(iii) not support the addition, deletion or amendment. | ||
(9) Not later than 6 weeks after the submission of the chief executive’s report under subsection (6), the members of the planning authority shall, having regard to the report, decide— | ||
(a) whether or not the proposed addition, deletion or amendment should be made to the record of protected structures, | ||
(b) where a request has been made in accordance with paragraph (c) of subsection (3), the extent of the curtilage and features within the attendant grounds to be recorded in the record of protected structures, and | ||
(c) whether modifications should be made to the proposed addition, deletion or amendment. | ||
(10) The members of the planning authority shall, by resolution— | ||
(a) accept the addition, deletion or amendment, reject it, or accept it subject to modifications, | ||
(b) where requested to do so in accordance with paragraph (c) of subsection (3), accept, reject, or accept subject to modification the request to define the extent of the curtilage and features within the attendant grounds in the record of protected structures, and | ||
(c) where accepted (with or without modifications), make the addition, deletion or amendment to the record of protected structures in accordance with the resolution accepting the addition, deletion or amendment. | ||
(11) Where the proposed addition, deletion or amendment was the subject of a recommendation under section 308 , the planning authority shall inform the Minister in writing of a decision under subsection (10) as soon as practicable after making it. | ||
(12) A planning authority shall, no later than 2 weeks from the date on which a resolution under subsection (10) is made— | ||
(a) where the resolution relates to an addition, deletion or amendment, serve notice of the resolution on the owner and occupier of the structure to which the addition, deletion or amendment relates, | ||
(b) where a resolution is made under paragraph (b) of subsection (10) defining the extent of the curtilage or features within the attendant grounds of a structure, serve on the owner and occupier of any lands identified as lying within such curtilage or grounds— | ||
(i) notice of the resolution, and | ||
(ii) a map illustrating the curtilage or features to which the resolution relates, | ||
(c) cause notice of the resolution to be published in at least one newspaper circulating in its functional area, and | ||
(d) make a copy of the resolution available— | ||
(i) for inspection and purchase during office hours of the planning authority, and | ||
(ii) in electronic form including by placing a copy of the resolution on the planning authority’s website. |