Planning and Development Act 2024
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Recommendations to planning authorities concerning architectural conservation areas | ||
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332. (1) The Minister may, in writing, make a recommendation (in this section referred to as a “recommendation”) to a planning authority concerning the addition to or deletion from its development plan of an architectural conservation area, an amendment to an architectural conservation area, or the inclusion of an objective in the development plan to preserve the character of an architectural conservation area. | ||
(2) Where a recommendation is made to a planning authority under subsection (1), the planning authority shall cause notice of the recommendation to be published in one or more newspapers circulating in its functional area. | ||
(3) Subject to subsection (9), a planning authority shall make a decision on whether to commence the variation process under section 58 in respect of the recommendation within 8 weeks of receiving it. | ||
(4) A planning authority that decides, under subsection (3), to commence the variation process in respect of the recommendation shall do so as soon as practicable. | ||
(5) A planning authority that decides, under subsection (3), not to commence the variation process shall inform the Minister in writing of its decision as soon as practicable after making it. | ||
(6) Subject to subsection (9), where a planning authority fails to make a decision under subsection (3) within the period referred to in that subsection, the chief executive shall commence the variation process under subsection (4) of section 58 in respect of the recommendation as soon as practicable after the expiry of that period. | ||
(7) The decision under subsection (3) shall be a reserved function. | ||
(8) In making a decision under subsection (3), the planning authority shall consider— | ||
(a) the proper planning and sustainable development of the area, and | ||
(b) the likely effect (if any) of the decision under subsection (4) of section 9 . | ||
(9) Where— | ||
(a) a recommendation is made to a planning authority at any time between the day that is one year from the day on which the planning authority publishes a notice of an intention to review a development plan under section 54 and the day on which a new development plan is made on foot of that notice under section 55 , and | ||
(b) the planning authority— | ||
(i) decides, under subsection (3), not to commence the variation process under section 58 in respect of the recommendation, or | ||
(ii) fails to make a decision under subsection (3) within the period referred to in that subsection, | ||
the planning authority shall consider whether to include the matter to which the recommendation relates in the second-mentioned development plan. |