Section 9: Obligation to Make Development Plan
Part II
Plans and Guidelines
Chapter I - Development plans
Section 9: Obligation to make Development plan
Commenced 1 January 2001
S.I. No. 349 of 2000
Associated repeals: Section 19 of the Local Government (Planning and Development) Act, 1963
Associated regulations or Orders: None
Guidance Note edition: January 2001
This section contains the statutory obligation on planning authorities to make a development plan every 6 years with no provision for extensions to be granted by the Minister. Planning authorities will also be obliged to make the plan for their entire functional area and may co-operate with neighbouring authorities to adopt a joint plan for the combined area.
Subsection (1) places a mandatory requirement on planning authorities to make a development plan every 6 years, with no provision for an extension of time for the making of a plan.
Formerly, under the 1963 Act, planning authorities were obliged to make a development plan every 5 years with provision for the Minister to agree an extension of time.
Subsection (2) provides that, subject to subsection (3), the plan must be made for the entire functional area of the authority. As such it will no longer be possible to make and review plans for one part of the area at a time.
Section (3)(a) enables county borough corporations, borough corporations and urban district councils to co-operate with adjoining county councils in making a single development plan for the combined functional area of the authorities. This will permit strategic plans to be put in place covering both towns and their hinterlands.
Under subsection (b) the arrangements for making joint plans is a matter for agreement between the authorities, save that the role of elected members in the formulation of jointly drafted development plans must be maintained.
Subsection (4) imposes a general requirement for the co-ordination of the objectives of an authority’s development plan with the objectives outlined in the plan or plans of neighbouring authorities. It must also take account of the likely effects of the plan on the neighbouring authority’s area under subsection (5). In addition, authorities must ensure that the plan is consistent with national policies of proper planning and sustainable development under subsection (6). In particular the plan will be required to conform with the National Spatial Strategy.
The Minister may also require adjoining planning authorities to co-ordinate their plans, generally or in specific matters, under subsection (7). Any disputes between them will be decided by the Minister.
Section 10: Content of development Plans
Commenced 1 January 2001
S.I. No. 349 of 2000
Associated repeals: S. 19 of the Local Government (Planning and Development) Act, 1963
Associated regulations or Orders: None
Guidance Note edition: January 2001
Subsection (1) sets out the content of development plans. The plan must set out an overall strategy for the proper planning and sustainable development of the area of the plan. This strategy shall be in the form of a written statement and a plan, or plans indicating the development objectives for the area.
Subsection (2) sets out a number of objectives which are consistent with proper planning and sustainable development and which a planning authority is obliged to include in a development plan.
There is no longer any distinction made between the objectives of urban and rural authorities.
The mandatory objectives are-
- Zoning of land for particular uses, e.g. residential zoning. This is the first time the term ‘zoning’ appears in legislation, which is in line with common usage (see note on subsection (8)) – para (a).
- The provision of infrastructure – para (b).
- The conservation and protection of the environment, including the archaeological and natural heritage designated European sites (as defined in the Act) and any other prescribed sites – para (c).
The intention to prescribe any Natural Heritage Areas which are designated under the Wildlife (Amendment) Act, 2000.
- The integration of proper planning and sustainable development with the social, community and cultural requirements of the area and its population – para (d).
- The preservation of the character of the landscape including features of natural beauty – para (e).
- The protection of structures of special interest (“protected structures”) – para (f).
- The preservation of the character of architectural conservation areas – para (g).
- The development and renewal of areas which need regeneration. – para (h).
- Providing accommodation for travellers – para (i). This obligation already exists under the Traveller Accommodation Act, 1998.
- Preservation, improvement and extension of amenities – para (j).
- The control of developments to reduce the risks of or arising from a major accident – para (k). This obligation arises out of Directive 96/82/EC on the control of major accidents involving dangerous substances (Seveso II).
- Providing or facilitating the provision of facilities for the community, including schools and childcare facilities - para (l).
- The protection of the cultural heritage, including the promotion of Irish in Gaeltacht areas – para (m).
Under subsection (3) a planning authority may also include the objectives set out in the First Schedule in the development plan (see note on First Schedule). While these objectives are “non-mandatory”, as under the 1963 Act, many of them will be required in all development plans.
Subsection (4) provides that the Minister may, by order, add to the list of mandatory or non-mandatory objectives.
Subsection (5) requires an assessment of the likely significant environmental effects of implementation to be included in the plan. The Minister may make regulations which will set out the requirements for compliance with this subsection.
There are no plans to make regulations under subsections (4) or (5) at this stage.
Subsection (6) provides that, when the burden of implementing a particular proposed development objective will fall on a neighbouring planning authority, the objective may not be included in the development plan unless that authority is consulted with on the proposal.
Under subsection (7), a development plan may indicate that specified development in a particular area is subject to the making of a local area plan [see Part II, Chapter II].
Subsection (8) states that there shall be no presumption that land zoned in a development plan will remain so zoned in any future plan. It should also be noted that there will also be no right of compensation where land is “re-zoned” or is no longer zoned in the future, save in the limited circumstances set out in paragraphs 21 to 23 of the Fourth Schedule, and section 268(1)(d) of the transitional provisions (see separate notes).
Section 11: Preparation of draft Development plan
Commenced 1 January 2001
S.I. No. 349 of 2000
Associated repeals: Sections 20-21 of the Local Government (Planning and Development) Act, 1963 (as amended)
Associated regulations or Orders: Article 4 of the Planning and Development Regulations, 2000
Guidance Note edition: January 2001
This section sets out a statutory requirement to review existing development plans and prepare new plans. The timeframes for preparing and adopting the plan (under this section and section 12) are illustrated clearly in the appendix to the notes on this section.
Subsection (1) provides that within four years of making a development plan, a planning authority shall give notice of its intention to review that plan and to prepare a new plan. This date, and the date of completion of the process are now fixed, with the provision for granting of an extension by the Minister now removed. Of course, many authorities will have begun preliminary studies for the plan at that stage, through the strategic policy committees or by strategic planning offices.
Section 266 provides that where a planning authority has already given notice of review of the development plan at the time of the commencement of this provision (i.e. 1 January 2001), then the provisions of Part III of the 1963 Act shall continue to apply to such a review.
Subsection (2) provides the notice (under subsection (1) above) shall be circulated to:
-the Minister;
-any prescribed authorities;
-adjoining planning authorities;
-the Board;
-any relevant regional authority;
-any town commissioners or city and county development boards within the functional area;
and shall be published in one or more newspapers circulating in the area. The notice must state that the planning authority is reviewing the development plan and preparing a new plan; that submissions may be made in writing during a period of at least 8 weeks and that any background papers, etc. may be inspected during a specified time at a specified location or locations.
Prescribed authorities under this section are listed in article 4 of the Planning and Development Regulations, 2000.
Subsection (3) sets out some additional requirements in relation to the public consultation process. Subsection (3)(a) provides that having given notice under subsection (1), the planning authority shall take whatever measures are necessary to consult with the general public and other interested bodies.
Under paragraph (b) the local authority must hold public meetings and invite written submissions. In addition, any person may be invited to make an oral presentation to the authority.
This provision replaces the requirement under section 21(2)(c) of the 1963 Act to afford any ratepayer an opportunity to state his or her case if he or she requested one
An important new requirement under subsection (c) is for the planning authority to consult with the providers of public infrastructure and services, and for those providers to submit the necessary information regarding any long term plans for the provision of infrastructure and services.
Under subsection (4)(a), the manager has a maximum of 16 weeks from the giving of notice to prepare a report on any submissions received or any matters arising out of the consultation entered into (under subsection (3)(c)).
Paragraph (b) sets out the details required in manager’s report, namely:
-the persons or bodies who were consulted or who made submissions and the issues which were raised;
-the opinion of the manager of the issues raised, having regard to the statutory role of planning authorities, Government policy and the proper planning and sustainable development of the area;
-the manager’s recommendations on the policies to be included in the draft development plan.
The manager’s report shall then be submitted to the elected members for consideration under paragraph (c). It is open to the elected members to consider the report in a committee meeting.
Paragraph (d) provides that following such consideration and having regard to the statutory role of the planning authority and Government policy, the members may issue directions to the manager regarding the draft development plan. Any such directions must be issued within 10 weeks (paragraph (e)). The members are restricted to the consideration of the proper planning and sustainable development of the area in making these directions (paragraph (f)).
Subsection (5)(a) provides that, within 12 weeks of receiving directions from the members, the manager must prepare a draft development plan and submit it to the members who must then consider it (paragraph (b)). Once submitted, the elected members have 8 weeks to amend the plan. Otherwise, the plan as submitted by the manager is deemed to be the draft development plan by virtue of paragraph (c).
Section 12: Making of Development Plan
Commenced 1 January 2001
S.I. No. 349 of 2000
Associated repeals: Sections 21 and 21A of the Local Government (Planning and Development) Act, 1963
Associated regulations or Orders: Article 4 of the Planning and Development Regulations, 2000
Guidance Note edition: January 2001
This section provides that once the draft development plan is prepared under section 11 (see separate note), the procedures below must be followed for the making of the plan.
Subsection (1) states that once the draft development plan has been prepared(under section 11) and within 2 weeks of the period set aside for consideration by the elected members (section 11(5)(c)), the planning authority shall publish notice of the making of the plan in one or more newspapers circulating in the area and shall send a copy of the notice and draft plan to:
-the Minister;
-the Board;
-the prescribed authorities;
-any town commissioners within the area, and
-any city or county development board in the area.
Prescribed authorities under this section are listed in article 4 of the Planning and Development Regulations, 2000.
Subsection (2)(a) provides that the notice under subsection (1) shall state that the copy of the draft plan may be inspected during a period of not less than 10 weeks and shall set out the time and place where the draft plan can be inspected. Under paragraph (b) the notice must state that written submissions or observations on the draft plan will be taken into consideration before the plan is made.
Subsection (3) relates to protected structures and the draft plan. Where the draft plan proposes any addition or deletion from the record of protected structures the owner and the occupier of the structure must be notified (paragraph (a)). The particulars of the notice are set out in subsection (b) as follows:
-that it is available for inspection during a specified period (not less than 10 weeks) at a specified time and place;
-that written submissions or observations made within the specified period will be taken into consideration before a decision on the addition or deletion is made;
-whether or not the proposed addition or deletion was proposed by the Minister for Arts, Heritage, Gaeltacht and the Islands (where this is the case any submission made by the owner or occupier shall be forwarded to that Minister for his or her observations).
It should be noted that, under section 51(3), the record of protected structures continues to be a part of any future development plan. Therefore persons owning a protected structure which is already part of the record of protected structures, and the status of which is to remain unchanged, do not need to be notified of the making of a new development plan.
The manager is obliged, under subsection (4)(a), to submit a report on any submissions received pursuant to a notice under subsections (1) or (3), to the elected members within a period of 22 weeks from the date the notice was issued under subsection (1).
Paragraph (b) states that this report must include:
-a list of persons who made submissions;
-a summary of the issues raised in those submissions;
-a response by the manager to the issues raised taking account of any directions by the elected members under section 11, the statutory role of local authorities, Government policy and the principles of proper planning and sustainable development.
Subsection (5) obliges the elected members to consider the draft plan and the manager’s report within 12 weeks of the manager submitting the report (under subsection (4)).
Under subsection (6), once the members have considered the draft plan and the manager’s report, they may, by resolution, accept or amend the draft and make the plan accordingly. Where an amendment under this subsection would be a material alteration of the draft plan, the provisions of subsection (7) apply (see below).
Subsection (7)(a) provides that where a proposed amendment (made by resolution under subsection (6)) constitutes a material alteration of the draft plan, notice of the proposed amendment shall be published in one or more newspapers circulating in the area within 3 weeks of the resolution being made.
Under paragraph (b) the notice shall state that:
-a copy of the proposed amendment of the draft plan can be inspected at a specified time and place for a period of not less than 4 weeks;
-written submissions made within the stated period will be considered before the amendment is made.
Subsection (8): within 8 weeks of giving notice under subsection (7), the manager of the authority shall prepare a report on any submissions received and submit a report to the members for their consideration. That report shall include:
-a list of persons who made submissions;
-a summary of the issues raised in those submissions;
-a response by the manager to the issues raised taking account of any directions by the elected members, the statutory role of local authorities, Government policy and the principles of proper planning and sustainable development.
Subsection (9) states that once the report is submitted by the manager (under subsection (8)), the members must consider that report within a period of 6 weeks.
Under subsection (10), following consideration of the amendment and the manager’s report, the members shall, by resolution, make the plan either with or without the proposed amendment. However, where the members accept the amendment, they may do so subject to such modification to the amendment as they consider appropriate. Modifications of an amendment at this stage will not constitute a material change to the plan and so the provisions of subsections (7) to (9) do not apply (this is by virtue of paragraph (b)).
It should be noted, however, that no further or additional amendments to the plan may be made at this stage.
Subsection (11) establishes that of the members in making the development plan, whether that plan is the draft plan or the draft plan as amended, are restricted to considering:
-the proper planning and sustainable development of the area;
-the statutory obligation of any local authorities in the area;
-Government or Ministerial policy.
Subsection (12) obliges planning authorities to publish notice of the making of a development plan in one or more newspapers circulating in the area, stating that the plan may be inspected at a specified location(s). In addition a copy of the development plan shall be sent to:
-the Minister;
-the prescribed authorities;
-any adjoining planning authorities;
-the Board;
-any town commissioners;
-city or county development boards within the area.
As soon as a planning authority makes an addition or deletion to the list of protected structures (see section 12(3) above), the authority is obliged, under subsection (13), to notify the owner or occupier of the structure of the fact and of any relevant particulars.
Under subsection (14), where a planning authority fails to make a development plan within 2 years of giving notice under section 11(1), the manager shall make the plan. However, where parts of the plan have been agreed by the members, those parts must be included. No provision is made for the extension of this time period.
Section 11(1) of the Act provides that within 4 years of making a development plan the planning authority must give notice of its intention to review that plan and make a new one.