Planning and Development Act 2000

Making of development plan.

12

12.—(1) Where the draft development plan has been prepared in accordance with section 11 , the planning authority shall within 2 weeks of the period referred to in section 11(5)(c)

F87 [ ( a ) send notice and a copy of the draft development plan to the Minister F88 [ , the Office of the Planning Regulator ] , the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and ]

( b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

(2) A notice under subsection (1) shall state that—

( a) a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

( b) written submissions or observations with respect to the draft made to the planning authority within the stated period will be taken into consideration before the making of the plan.

F89 [ (2A) The Minister or the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate. ]

(3) ( a) Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the planning authority shall serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars.

( b) A notice under paragraph (a) shall state—

(i) that a copy of the proposed addition or deletion may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly),

(ii) that written submissions or observations with respect to the proposed addition or deletion made to the planning authority within the stated period will be taken into consideration before the making of the addition or deletion,

(iii) whether or not the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, and

(iv) that, if the proposed addition or deletion was recommended by the Minister for Arts, Heritage, Gaeltacht and the Islands, the planning authority shall forward to that Minister for his or her observations a copy of any submission or observation made under subparagraph (ii) (and any such observations shall be taken into consideration accordingly).

(4) ( a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (3), the F90 [ chief executive ] of a planning authority shall prepare a report on any submissions or observations received under subsection (2) or (3) and submit the report to the members of the authority for their consideration.

F91 [ ( aa ) A chief executive s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a) . ]

( b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

F92 [ (ii) provide a summary of

(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,

(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(III) the submissions and observations made by any other persons,

in relation to the draft development plan in accordance with this section, ]

(iii) give the response of the F90 [ chief executive ] to the issues raised, taking account of any directions of the members of the authority or the committee under section 11(4) , 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 of the Government or of any Minister of the Government and, if appropriate, any observations made by the Minister for Arts, Heritage, Gaeltacht and the Islands under subsection (3)(b)(iv).

F89 [ ( ba ) A report prepared and submitted in accordance with paragraph (a) shall contain a summary of the observations, submissions and recommendations made by the Office of the Planning Regulator under section 31AM to the planning authority concerned. ]

F93 [ ( bb ) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the F90 [ chief executive ] in relation to the manner in which those issues and recommendations should be addressed in the development plan. ]

F94 [ ( bc ) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F95 [ regional assembly ] in its written submission prepared in accordance with section 27B (inserted by section 18 of the Act of 2010 ) and outline the recommendations of the F90 [ chief executive ] in relation to the manner in which those issues and recommendations should be addressed in the development plan. ]

(5) ( a) The members of a planning authority shall consider the draft plan and the report of the F90 [ chief executive ] under subsection (4).

F94 [ ( aa ) Following consideration of the draft plan and the report of the F90 [ chief executive ] under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section F89 [ or from the Office of the Planning Regulator made to that planning authority under section 31AM ] or from a F95 [ regional assembly ] made to the authority under section 27B , decides not to comply with any recommendation made in the draft plan and report, it shall so inform F89 [ the Office of the Planning Regulator and ] the Minister or F95 [ regional assembly ] , as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision. ]

( b) The consideration of a draft plan and the F90 [ chief executive s report ] under paragraph (a) shall be completed within 12 weeks of the submission of the F90 [ chief executive s report ] to the members of the authority.

(6) Where, following the consideration of the draft development plan and the F90 [ chief executive s report ], it appears to the members of the authority that the draft should be accepted or amended, subject to subsection (7), they may, by resolution, accept or amend the draft and make the development plan accordingly.

F96 [ (7) ( a ) Subject to paragraphs (aa) and (ae) in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (6) , publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, F88 [ the Office of the Planning Regulator, ] the Board and the prescribed authorities. ]

F94 [ ( aa ) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material alteration of the draft development plan.

( ab ) The F90 [ chief executive ] , not later than 2 weeks after a determination under paragraph (aa) shall specify such period as he or she considers necessary following the passing of a resolution under subsection (6) as being required to facilitate an assessment referred to in paragraph (aa) .

( ac ) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.

( ad ) The notice referred to in paragraph (ac) shall state

(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph ( aa ) is required 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 that copies will be kept for inspection accordingly), and

(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (aa) and made to the planning authority within a stated period shall be taken into account by the authority before the development plan is made.

( ae ) The planning authority shall carry out an assessment referred to in paragraph (aa) of the proposed material alteration of the draft development plan within the period specified by the F90 [ chief executive ] . ]

F96 [ ( b ) A notice under paragraph (a) or (ac) (inserted by section 9 of the Act of 2010) ] shall state that—

(i) a copy of the proposed amendment of the draft development plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(ii) written submissions or observations with respect to the proposed amendment of the draft made to the planning authority within the stated period shall be taken into consideration before the making of any amendment.

(8) ( a) Not later than 8 weeks after giving notice under subsection (7), the F90 [ chief executive ] of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

F91 [ ( aa ) A chief executive s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a) . ]

( b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

F92 [ (ii) provide a summary of

(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,

(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(III) the submissions and observations made by any other persons,

in relation to the draft development plan in accordance with this section, ]

(iii) give the response of the F90 [ chief executive ] to the issues raised, taking account of the directions of the members of the authority or the committee under section 11(4), 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 of any Minister of the Government.

F91 [ (8A) ( a ) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b) , be published on the website of the authority within 10 working days of its receipt by that authority.

( b ) Publication in accordance with paragraph (a)

(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a) , legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a) , legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister. ]

(9) ( a) The members of a planning authority shall consider the amendment and the report of the F90 [ chief executive ] under subsection (8).

( b) The consideration of the amendment and the F90 [ chief executive s report ] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F90 [ chief executive s report ] to the members of the authority.

F96 [ (10) ( a ) The members of the authority shall, by resolution, having considered the F90 [ chief executive s report ] , make the plan with or without the proposed amendment that would, if made, be a material alteration, except that where they decide to accept the amendment they may do so subject to any modifications to the amendments as they consider appropriate, which may include the making of a further modification to the alteration and paragraph (c) shall apply in relation to any further modification. ]

( b) The requirements of subsections (7) to (9) shall not apply in relation to modifications made in accordance with paragraph (a).

F94 [ ( c ) A further modification to the alteration

(i) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site,

(ii) shall not be made where it relates to

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures. ]

(11) In making the development plan under subsection (6) or (10), the members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates, 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.

(12) ( a) Where a planning authority makes a development plan, it shall publish a notice of the making of the plan in at least one newspaper circulating in its area.

( b) A notice under this subsection shall state that a copy of the plan is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

( c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the development plan to the Minister, F88 [ the Office of the Planning Regulator, ] the prescribed authorities, any adjoining planning authorities, the Board, F97 [ and any local community development committee ] within its area.

(13) As soon as may be after making an addition to or a deletion from the record of protected structures under this section, a planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.

F96 [ (14) ( a ) Notwithstanding any other provision of this Part, where a planning authority fails to make a development plan within a period referred to in paragraph (b) , the F90 [ chief executive ] shall make the plan provided that so much of the plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the F90 [ chief executive ] .

( b ) The period referred to in paragraph (a) is

(i) not more than 2 years from the giving of notice under section 11(1) , or

(ii) where subsection (7)( aa ) (inserted by section 9 of the Act of 2010) applies

(I) not more than 2 years and 4 weeks, or

(II) if appropriate in the circumstances, such longer period than 2 years and 4 weeks as is specified under subsection (7)(ab) (inserted by section 9 of the Act of 2010) by the F90 [ chief executive ] as being required to facilitate an assessment referred to in subsection (7)(aa) . ]

(15) When considering the draft development plan, or amendments thereto, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding such plan or amendment.

(16) A person shall not question the validity of the development plan by reason only that the procedures as set out under subsections (3) to (5) of section 11 and F98 [ subsections (1) , (4) , (5) , (6) , (7) , (8) and (9) ] of this section were not completed within the time required under the relevant subsection.

(17) A development plan made under this section shall have effect F99 [ 6 weeks ] from the day that it is made.

F89 [ (18) In this section statutory obligations includes, in relation to a local authority, the obligation to ensure that the development plan is consistent with

(a) the national and regional development objectives specified in

(i) the National Planning Framework, and

(ii) the regional spatial and economic strategy,

and

(b) specific planning policy requirements specified in guidelines under subsection (1) of section 28 . ]

Annotations

Amendments:

F87

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 22, S.I. No. 214 of 2014.

F88

Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 2, 7, 8, S.I. No. 133 of 2019, art. 2(b).

F89

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(a), (b)(ii), (c), (e), S.I. No. 436 of 2018.

F90

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 10-23, S.I. No. 436 of 2018.

F91

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 4-6, S.I. No. 436 of 2018.

F92

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 14(b)(i), (d), S.I. No. 436 of 2018.

F93

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 84, S.I. No. 574 of 2009.

F94

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(ii), (c), (d)(ii), (d)(iii) and (e)(ii), S.I. No. 477 of 2010.

F95

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 23, 24, S.I. No. 214 of 2014.

F96

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(a), (b)(i), (d)(i), (e)(i) and (f), S.I. No. 477 of 2010.

F97

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 25, S.I. No. 214 of 2014.

F98

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 7, commenced on enactment.

F99

Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 9, S.I. No. 133 of 2019, reg. 2(b).

F100

Inserted by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sh. 1 ref. nos. 4-6, not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provisions: section amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 3-6, not commenced as of date of revision. Note that the minor amendments in sch. 1 ref. nos. 3, 4 are rendered redundant as the provision affected, subs. (4)(b)(ii), has been substituted as per F-note above.

12.— ...

(4) ...

( b) ...

F92 [ (ii) provide a summary of

(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,

F100 [ (IA) issues raised by the Office of the Planning Regulator, and ]

... ]

(5) ...

F94 [ ( aa ) Following consideration of the draft plan and the report of the manager under paragraph (a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister F100 [ , or from the Office of the Planning Regulator, ] made to the authority under this section F89 [ or from the Office of the Planning Regulator made to that planning authority under section 31AM ] or from a F95 [ regional assembly ] made to the authority under section 27B , decides not to comply with any recommendation made in the draft plan and report, it shall so inform F89 [ the Office of the Planning Regulator and ] the Minister F100 [ , the Office of the Planning Regulator ] or F95 [ regional assembly ] , as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision. ]

...

C21

Functions in relation to making a recommendation to which subs. (3)(b)(iii) applies, and to making observations to which subs. (3)(b)(iv) applies, transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), arts. 2, 3 and sch. Note that name of Department of and Minister for Tourism, Culture and Sport changed to Department of and Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—

(a) by or under any of the Acts mentioned in Part 1 of the Schedule,

(b) under the Regulations mentioned in Part 2 of the Schedule, and

(c) to make a recommendation to which section 12(3)(b)(iii) of the Planning and Development Act 2000 (No. 30 of 2000) applies, and to make observations to which section 12(3)(b)(iv) of that Act applies,

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

Schedule Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Sections 51 (2) (in so far as it relates to being consulted under that subsection), 52 (1) (in so far as it relates to the issuing of guidelines), 52 (2), 53, 55, 80 and 260 of the Planning and Development Act 2000 (No. 30 of 2000).

Part 2

Regulations, powers, duties and functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Regulations 13A(4)(a)(ii), 28(1)(c), 28(1)(n), 55(a), 82(3)(c), 82(3)(n), 88(2), 121(1)(c), 121(1)(n), 179(2)(g), 179(2)(j) and 213(1)(a) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001);

...

Editorial Notes:

E48

Making a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.

E49

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E50

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E51

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E52

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E53

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E54

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E55

Previous affecting provision: subs. (4)(b)(ii) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 9(b)(i), S.I. No. 477 of 2010; substituted as per F-note above.

E56

Previous affecting provision: functions and powers in relation to National Monuments (Amendment) Act 1994 (17/1994), ss. 5(5) and 6(2) transferred to Department of and Minister for Arts, Sport and Tourism (10.07.2002) by National Monuments (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 358 of 2002).

E57

Previous affecting provision: name of Department of and Minister for Arts, Heritage, Gaeltacht and the Islands changed to Department of and Minister for Community, Rural and Gaeltacht Affairs (19.06.2002) by Arts, Heritage, Gaeltacht and The Islands (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 308 of 2002).

E58

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.

E59

Previous affecting provision: subs. (1)(a) amended (2.10.2010, 9.10.2001) by Planning and Development (Amendement) Act 2010 (30/2010), s. 9(a), S.I. No. 77 of 2010 and Local Government Act 2001 (37/2001), s. 247(a), S.I. No. 458 of 2001; substituted as per F-note above.