Planning and Development Act 2024

• Permanent Page URL

Conditions of urban area plans, priority area plans and coordinated area plans

74. (1) No settlement or part of a settlement may be the subject of, or be identified to be the subject of, more than one plan made under this Chapter.

(2) Where any provision of a plan made under this Chapter conflicts with a provision of a development plan which applies to the settlement or part of the settlement concerned, the conflicting provision of the plan made under this Chapter shall cease to have effect.

(3) An urban area plan or priority area plan shall take effect 4 weeks from the day on which the plan is made and shall, subject to subsection (4), remain in force for a period of 10 years or until the development plan which required that the plan be prepared is replaced, whichever is the shorter period.

(4) Where a planning authority, subsequent to the coming into effect of an urban area plan or priority area plan, makes a new development plan, the new development plan may provide that the urban area plan or priority area plan concerned shall continue to have effect for the period of 10 years referred to in subsection (3) provided that the planning authority is satisfied that the urban area plan or priority area plan—

(a) remains materially consistent with—

(i) the settlement-specific objectives set out in the new development plan which apply to the settlement or part of the settlement concerned (including, in the case of a priority area plan, any objectives under subsection (4) of section 52 applicable to a site or land within the area of the priority area plan),

(ii) the zoning objectives of the new development plan which apply to the settlement or part of the settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the new development plan in accordance with section 43 , and

(iv) the strategies and statements prepared under sections 44 to 51 of the new development plan,

and

(b) continues to take due account of any relevant transport strategy of the National Transport Authority.

(5) A coordinated area plan shall take effect 4 weeks from the day on which the plan is made and shall, subject to subsection (6), remain in force for a period of 10 years or until the principal planning authority makes a new development plan, whichever is the shorter period.

(6) Where the principal planning authority, subsequent to the coming into effect of a coordinated area plan, makes a new development plan, the new development plan may provide that the coordinated area plan concerned shall continue to have effect for the period of 10 years referred to in subsection (5) provided that the principal planning authority—

(a) is satisfied that the coordinated area plan—

(i) remains materially consistent with—

(I) the settlement-specific objectives set out in the new development plan which apply to the settlement or the part of a settlement concerned,

(II) the zoning objectives of the new development plan which apply to the settlement or the part of a settlement concerned,

(III) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the new development plan in accordance with section 43 , and

(IV) the strategies and statements prepared under sections 44 to 51 of the new development plan,

and

(ii) continues to take due account of any relevant transport strategy of the National Transport Authority,

and

(b) has obtained the consent of—

(i) the associate planning authority, and

(ii) the director of the relevant regional assembly,

to such extension of the period of effect of the coordinated area plan.

(7) A planning authority may at any time amend or revoke an urban area plan or a priority area plan made by the authority and this Chapter shall apply to the amendment or revocation of any such plan as it applies to the making of the plan.

(8) A principal planning authority and associate planning authorities may at any time jointly amend or revoke a coordinated area plan made by the authorities and this Chapter shall apply to the amendment or revocation or any such plan as it applies to the making of the plan.

(9) The Minister may prescribe such other matters to be addressed in an urban area plan, priority area plan or coordinated area plan taking into account the principles of proper planning and sustainable development of the settlement or part of the settlement, the statutory obligations of any local authority in the area, and any relevant policies or objectives of the Government or of any Minister of the Government.