Planning and Development Act 2024

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Planning scheme for strategic development zones

592. (1) Where any draft planning scheme has been prepared under section 168 of the Act of 2000 but not yet made, a planning scheme may be made pursuant to Part IX of the Act of 2000 notwithstanding its repeal, and upon the making of the planning scheme, this Part shall apply to the planning scheme and the site.

(2) (a) Where no draft planning scheme has been prepared under section 168 of the Act of 2000 in respect of a site or part of a site designated under an order made under section 166 of the Act of 2000, and no order has been made revoking or amending the first-mentioned order in a manner that excludes that site or part of a site, the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority.

(b) The local authority, where it is the development agency, or where an agreement referred to in section 167 of the Act of 2000 or section 591 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.

(3) A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site or part of the site designated under section 166 of the Act of 2000 to which the scheme relates is to be developed and in particular—

(a) the type or types of development which may be permitted to establish on the site (subject to the order of the Government under section 166 of the Act of 2000),

(b) the extent of any such proposed development,

(c) proposals in relation to the overall design of the proposed development, including the maximum heights, the external finishes of structures and the general appearance and design,

(d) proposals relating to transportation, including public transportation, the roads layout, the provision of parking spaces and traffic management,

(e) proposals relating to the provision of services on the site, including the provision of waste and sewerage facilities and water, electricity and telecommunications services, oil and gas pipelines, including storage facilities for oil or gas,

(f) proposals relating to minimising any adverse effects on the environment, including the natural and built environment, and on the amenities of the area, and

(g) where the scheme provides for residential development, proposals relating to the provision of amenities, facilities and services for the community, including schools, créches and other education and childcare services.

(4) The Minister may, for the purposes of giving effect to the Strategic Environmental Assessment Directive, by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a planning scheme.

(5) A screening for appropriate assessment and, if required, an appropriate assessment of a draft planning scheme shall be carried out in accordance with Part 6.

(6) (a) A draft planning scheme for residential development shall be consistent with the housing strategy prepared by the planning authority in accordance with Part V of the Act of 2000 or Part 7 .

(b) Where land in a strategic development zone is to be used for residential development, an objective to secure the implementation of the housing strategy shall be included in the draft planning scheme as if it were a specific objective under paragraph (h) of subsection (3) of section 46 .

(7) Where an area designated under section 166 of the Act of 2000 is situated within the functional area of two or more planning authorities the functions conferred on a planning authority under this Part shall be exercised—

(a) jointly by the planning authorities concerned, or

(b) by one of the authorities, provided that the consent of the other authority or authorities, as appropriate, is obtained prior to the making of the scheme under section 593 ,

and the words “planning authority” shall be construed accordingly.

(8) In this section the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (1) is wholly or partly on relevant public land or land owned by the Agency.