Planning and Development Act 2024
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Consultation regarding draft development scheme | ||
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607. (1) As part of the preparation of a draft development scheme a planning authority shall— | ||
(a) determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment requires to be carried out in respect of the proposed scheme, | ||
(b) determine, in accordance with Part 6, if an appropriate assessment requires to be carried out in respect of the proposed scheme, and | ||
(c) where the planning authority determines under paragraph (a) or (b) that a strategic environmental assessment or an appropriate assessment, as the case may be, requires to be carried out in respect of the proposed scheme, prepare an environmental report or Natura impact report, as the case may be, in relation to the proposed scheme. | ||
(2) Where a planning authority prepares a draft development scheme it shall— | ||
(a) send notice and copies of the draft development scheme and any report prepared under paragraph (c) of subsection (1) to— | ||
(i) the Minister, | ||
(ii) the Office of the Planning Regulator, | ||
(iii) the Commission, | ||
(iv) the regional assembly for the region in which the area to which the draft development scheme relates is situated, | ||
(v) any planning authority whose functional area is contiguous to the area to which the draft development scheme relates, | ||
(vi) the National Transport Authority, | ||
(vii) where the area covered by the draft development scheme includes a Gaeltacht, Údarás na Gaeltachta, and | ||
(viii) such other persons as may be prescribed, | ||
and | ||
(b) publish a notice of the preparation of the draft development scheme and any report prepared under paragraph (c) of subsection (1) in at least one newspaper circulating in the functional area of the planning authority and on its website. | ||
(3) A notice under paragraph (b) of subsection (2) shall state— | ||
(a) that a copy of the draft development scheme and any report prepared under paragraph (c) of subsection (1) 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 development scheme and any report prepared under paragraph (c) of subsection (1) made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme. | ||
(4) Written submissions or observations received by a planning authority under this section shall, subject to subsection (5), be published on the website of the authority within 10 working days of its receipt by that authority. | ||
(5) Subsection (4) does not apply where one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met. | ||
(6) Not later than 12 weeks after the date on which notice is published under subsection (2), the chief executive of a planning authority shall prepare a report on any submissions or observations received on foot of that notice and 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 or observations under this section, | ||
(b) summarise the issues raised by the persons in the submissions and observations received, and | ||
(c) give the response of the chief executive to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the draft development 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. |