Planning and Development Act 2024
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Making of planning scheme | ||
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593. (1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 592 , the planning authority shall, as soon as may be— | ||
(a) send notice and copies of the draft scheme to the Minister, the Commission and the prescribed authorities, and | ||
(b) publish notice of the preparation of the draft scheme in one or more newspapers circulating in its area. | ||
(2) A notice under subsection (1) shall state— | ||
(a) that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 6 weeks (and the copy shall be kept available for inspection accordingly), and | ||
(b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme. | ||
(3) (a) Not longer than 12 weeks after giving notice under subsection (2) the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration. | ||
(b) A report under paragraph (a) shall— | ||
(i) list the persons who made submissions or observations for the purposes of subsections (1) and (2), | ||
(ii) summarise the issues raised by the persons in the submissions or observations, and | ||
(iii) give the response of the chief executive to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government. | ||
(4) (a) The members of a planning authority shall consider the draft planning scheme and the report of the chief executive prepared and submitted in accordance with subsection (3). | ||
(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to— | ||
(i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs (c) and (g)), or | ||
(ii) not to make the draft planning scheme. | ||
(c) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are to be carried out as respects one, or more than one, proposed variation or modification that would, if made, be a material alteration of the draft planning scheme. | ||
(d) The chief executive shall, not later than 2 weeks after a determination under paragraph (c) specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (c). | ||
(e) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (c) is required, in at least one newspaper circulating in its area. | ||
(f) The notice referred to in paragraph (e) shall state— | ||
(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (c) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and | ||
(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (c) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made. | ||
(g) The planning authority shall carry out an assessment referred to in paragraph (c) of the proposed material alteration of the draft planning scheme within the period specified by the chief executive. | ||
(h) Where a draft planning scheme is— | ||
(i) deemed, in accordance with paragraph (b), to have been made, or | ||
(ii) made in accordance with subparagraph (i) of paragraph (b), | ||
it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Commission under subsection (6). | ||
(5) (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision— | ||
(i) give notice of the decision of the planning authority to the Minister, the Commission, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and | ||
(ii) publish notice of the decision in at least one newspaper circulating in its area. | ||
(b) A notice under paragraph (a) shall— | ||
(i) give the date of the decision of the planning authority in respect of the draft planning scheme, | ||
(ii) state the nature of the decision, | ||
(iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly), | ||
(iv) state that any person who made submissions or observations regarding the draft scheme may appeal the decision of the planning authority to the Commission within 4 weeks of the date of the planning authority’s decision, and | ||
(v) contain such other information as may be prescribed. | ||
(6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Commission. | ||
(7) (a) Following consideration of an appeal made under this section, the Commission may— | ||
(i) subject to paragraph (b) and (c) and subsection (9), approve the making of the planning scheme, with or without any modifications, or | ||
(ii) refuse to approve the making of the planning scheme. | ||
(b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (9), the Commission shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned. | ||
(c) If the Commission determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply— | ||
(i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or | ||
(ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (9), it shall approve the planning scheme with such modification. | ||
(d) Where the Commission approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly. | ||
(8) (a) Before making a decision under subparagraph (ii) of paragraph (c) of subsection (7) in respect of a planning scheme, the Commission shall— | ||
(i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, and | ||
(ii) for the purpose of so determining, the Commission shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering. | ||
(b) If the Commission determines that the making of a modification referred to in subparagraph (ii) of paragraph (c) of subsection (7)— | ||
(i) is not likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it may approve the planning scheme concerned with the modification, or | ||
(ii) is likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification. | ||
(c) Before making a determination under subparagraph (ii) of paragraph (c) of subsection (7), the Commission shall require the relevant planning authority— | ||
(i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and | ||
(ii) to publish a notice of the proposed modification of the planning scheme concerned in at least one newspaper circulating in that area, | ||
and every such notice shall state— | ||
(I) the reason or reasons for the proposed modification, | ||
(II) that a copy of the proposed modification, along with any assessment undertaken in accordance with subparagraph (ii) of paragraph (b), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and | ||
(III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification, | ||
and the copy of the proposed modification shall be made available for inspection accordingly. | ||
(d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subparagraph (ii) of paragraph (b) and agreed with the Commission, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Commission for its consideration. | ||
(e) A report under paragraph (d) shall— | ||
(i) list the persons who made submissions or observations for the purposes of clause (III) of subparagraph (ii) of paragraph (c), | ||
(ii) summarise the issues raised in the submissions or observations so made, | ||
(iii) include, where and if required for the purposes of subparagraph (ii) of paragraph (b), either or both of the following: | ||
(I) the environmental report and strategic environmental assessment of the planning authority; | ||
(II) the Natura impact report and appropriate assessment of the planning authority, | ||
and | ||
(iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government. | ||
(f) Where a report has been submitted to the Commission under paragraph (d), the planning authority concerned shall, upon being requested by the Commission, provide it with copies of such submissions or observations to which that paragraph relates as are so requested. | ||
(g) The Commission shall have regard to any report prepared in accordance with paragraphs (d) and (e). | ||
(h) Subject to any obligations that may arise under Part 6, if the Commission makes a determination to make a modification as referred to in subparagraph (ii) of paragraph (c) of subsection (7), it shall— | ||
(i) approve the planning scheme with the modification accordingly, | ||
(ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and | ||
(iii) notify any person who made a submission or observation in accordance with clause (III) of subparagraph (ii) of paragraph (c) of the determination under paragraph (c) of subsection (7). | ||
(9) In considering a draft planning scheme under this section a planning authority or the Commission, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, any National Planning Policy Guidance, the provisions of any special amenity area order or the conservation and preservation of any European site and, where appropriate— | ||
(a) the effect the scheme would have on any neighbouring land to the land concerned, | ||
(b) the effect the scheme would have on any place which is outside the area of the planning authority, and | ||
(c) any other consideration relating to development outside the area of the planning authority, including any area outside the State. | ||
(10) (a) A planning scheme that contains a provision that contravenes any National Planning Policies and Measures shall be deemed to have been made, under paragraph (b) of subsection (4), subject to the deletion of that provision. | ||
(b) Where a planning scheme departs from any relevant guidance set out in National Planning Policy Guidance by omission of a provision in compliance with that National Planning Policy Guidance, the planning scheme shall be deemed to have been made under paragraph (b) of subsection (4), subject to the addition of that provision. | ||
(11) A planning scheme made under this section or section 169 of the Act of 2000 shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded. |