Planning and Development Act 2024

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Modification prior to making development scheme

610. (1) Where the members of the planning authority propose to make a draft development scheme with a modification, 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 modification,

(b) determine, in accordance with Part 6, if an appropriate assessment requires to be carried out in respect of the proposed modification, 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 modification, prepare an environmental report or Natura impact report, as the case may be, in relation to the proposed modification.

(2) The chief executive shall, not later than 2 weeks after a determination referred to in paragraph (c) of subsection (1), specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in that paragraph.

(3) The planning authority shall carry out an assessment referred to in paragraph (c) of subsection (1) of the proposed modification of the draft development scheme within the period specified by the chief executive.

(4) A planning authority shall—

(a) send notice and copies of the proposed modification 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 notice of the modification and any report prepared under paragraph (c) of subsection (1), in at least one newspaper circulating in its functional area.

(5) A notice under paragraph (b) of subsection (4) shall state—

(a) that a copy of the proposed modification and any report prepared under paragraph (c) of subsection (1) 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 the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the proposed modification and any report prepared under paragraph (c) of subsection (1) and made to the planning authority within a stated period, shall be taken into consideration by the authority before the draft development scheme is made.

(6) Written submissions and observations received by a planning authority under this section shall, subject to subsection (7), be published on the website of the authority within 10 working days of its receipt by that authority.

(7) Subsection (6) does not apply where one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met.

(8) Not later than 12 weeks after giving notice under subsection (4), 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.

(9) A report under subsection (8) 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.