Planning and Development Act 2024
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Making of development scheme | ||
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609. (1) The members of a planning authority shall consider a draft development scheme prepared and submitted in accordance with section 606 and the report of the chief executive prepared and submitted in accordance with section 607 or section 610 , in relation to a site only after the members of the authority have made a variation of the development plan in accordance with section 605 . | ||
(2) Where the Office of the Planning Regulator as part of its consideration of a proposal to make a variation of the development plan referred to in section 605 issues a preliminary view to a planning authority under subsection (6) of section 63 and the matters covered by the preliminary view relate to the draft development scheme, the members of the planning authority shall not consider the report of the chief executive prepared and submitted in accordance with section 607 in respect of the draft development scheme until the date on which one of the following occurs (referred to in subsection (3) as the “later date”): | ||
(a) the Office of the Planning Regulator issues a draft direction to the planning authority under subsection (1) of section 64 and that draft direction does not materially relate to matters covered by the scheme; | ||
(b) the Office of the Planning Regulator notifies the planning authority under subsection (11) of section 63 of its decision not to issue a draft direction; | ||
(c) the Minister issues a direction to the planning authority referred to in paragraph (b) of subsection (1) of section 65 and that direction does not materially relate to matters covered by the draft development scheme; | ||
(d) the Minister provides a statement of reasons to the planning authority under subsection (13) of section 65 following a decision not to issue a direction under subsection (1) of section 65 ; | ||
(e) the Minister issues a direction to the planning authority referred to in paragraph (b) of subsection (1) of section 65 and the chief executive provides confirmation in writing to the members of the planning authority that the draft development scheme is, subject to such modification as he or she may propose, consistent with that direction. | ||
(3) Where the members of a planning authority have made a variation of the development plan referred to in section 605 and the chief executive provides confirmation in writing to the members of the planning authority that the draft development scheme in relation to that site is consistent with the planning framework, the draft development scheme shall be deemed to be made 6 weeks after the submission the report of the chief executive to the members of the planning authority in accordance with section 607 , or where subsection (2) applies, the later date, unless the planning authority decides, by resolution— | ||
(a) to make, subject to any modification in accordance with section 610 , the draft development scheme, or | ||
(b) not to make the draft development scheme. | ||
(4) In making a development scheme under this section, the members of the planning authority shall be restricted to considering 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 any Minister of the Government. | ||
(5) A failure to comply with— | ||
(a) subsection (4) or (6) of section 607 , | ||
(b) subsection (2), (3), (6) or (8) of section 610 , or | ||
(c) subsection (1) of section 612 , | ||
within the period specified, or referred to, in any of those subsections shall not affect the validity of that development scheme. | ||
(6) Where a planning authority makes a development scheme under this section, with or without modification, the scheme shall be deemed to form part of any development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates until the scheme is revoked, and any contrary provisions of a development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates shall be superseded. | ||
(7) In this section, section 610 and section 617 “statutory obligations of any local authority” includes the obligation to ensure that the development scheme— | ||
(a) is materially consistent with— | ||
(i) the national and regional development objectives specified in— | ||
(I) the National Planning Framework, and | ||
(II) the regional spatial and economic strategy for the region within which the area to which the planning framework relates is situated, | ||
(ii) any National Planning Policies and Measures, and | ||
(iii) where relevant, the policy of the Government or any Minister of the Government, | ||
and | ||
(b) takes due account of— | ||
(i) any relevant National Planning Policy Guidance, and | ||
(ii) any relevant transport strategy of the National Transport Authority. |