Planning and Development Act 2024
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Modification, revocation and extension of special planning control scheme | ||
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337. (1) A planning authority shall review a special planning control scheme as circumstances require and in any case not later than 10 years from the later of— | ||
(a) the date on which the special planning control scheme is approved under subsection (8) of section 336 , or | ||
(b) the date on which the special planning control scheme has most recently been modified, extended or reviewed under this section, | ||
and after such review may, by resolution, propose to modify or revoke the scheme, or to extend the scheme for up to 10 years (and a proposal adopted by such resolution is referred to in this section as a “proposal”). | ||
(2) A planning authority shall, as soon as practicable after the making of a proposal— | ||
(a) notify the Minister, the Commission and such other persons as may be prescribed, of the proposal, | ||
(b) send copies of the proposal to the Minister, the Commission and such other persons as may be prescribed, and | ||
(c) publish a notice of the proposal in at least one newspaper circulating in its functional area. | ||
(3) A notice under paragraphs (a) and (c) of subsection (2) shall— | ||
(a) indicate the place or places at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the proposal may be inspected (and the planning authority shall keep a copy of the proposal available for inspection accordingly), and | ||
(b) invite submissions or observations from any person in relation to the proposal within such period (being not less than 8 weeks), and in such manner, as is specified in the notice. | ||
(4) Where the proposal includes an objective or provision relating to at least one of the matters referred to in paragraphs (a) to (i) of subsection (3) of section 336 , the planning authority shall, as soon as may be after making the proposal, notify in writing each person who is the owner or occupier of land to which the proposal relates. | ||
(5) A notice under subsection (4) shall refer to the land concerned and shall— | ||
(a) specify the measures that are required to be undertaken in respect of the structure or other land to ensure compliance with the objective or provision referred to in subsection (4), | ||
(b) indicate the place at which, and the period (being not less than 8 weeks) during, and times at, which a copy of the proposal may be inspected (and the planning authority shall keep a copy of the draft scheme available for inspection accordingly), and | ||
(c) invite submissions in relation to the proposal within such period (being not less than 8 weeks), and in such manner, as is specified in the notice. | ||
(6) The chief executive of a planning authority shall, not later than 12 weeks from the later of— | ||
(a) the date on which the notice under paragraph (c) of subsection (2) is published, or | ||
(b) the date on which notification under subsection (4) is made or, where more than one such notification is made, the date on which the last of them is made, | ||
prepare a report on any submissions received in relation to a proposal and shall submit the report to the members of the authority for their consideration. | ||
(7) A report under subsection (6) shall— | ||
(a) list the persons who made submissions in relation to the proposal, | ||
(b) give a summary of the matters raised in those submissions, and | ||
(c) include a statement of the views of the chief executive on the submissions summarised in paragraph (b). | ||
(8) In responding to submissions made in relation to a proposal, the chief executive of a planning authority shall take account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, any relevant policies or objectives of the Government or of any Minister of the Government, and any relevant national planning statement. | ||
(9) A planning authority may, after considering a proposal, and the report of the chief executive under subsection (6), by resolution— | ||
(a) approve the proposal with or without modifications, or | ||
(b) refuse to so approve, | ||
and any modification, revocation or extension of a special planning control scheme set out in the proposal so approved shall be deemed to be part of the special planning control scheme. | ||
(10) Where a planning authority approves a proposal under subsection (9), it shall— | ||
(a) make the proposal available— | ||
(i) for inspection and purchase during office hours of the planning authority, and | ||
(ii) in electronic form, including by placing a copy on the planning authority’s website, | ||
(b) publish a notice of the adoption of the proposal in at least one newspaper circulating in its functional area indicating the place or places at which, and times during which, the proposal may be inspected in accordance with paragraph (a), and | ||
(c) send a copy of the proposal to the Minister, the Commission and such other persons as may be prescribed. | ||
(11) The modification, revocation or extension of a special planning control scheme shall be without prejudice to the validity of anything previously done thereunder. |