Planning and Development Act 2000

Variation of development plan.

13

13.—(1) A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force.

F106 [ (1A) ( a ) The members of a planning authority may at any time, for stated reasons, submit a resolution to the manager of the planning authority requesting him or her to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan which for the time being is in force where three quarters of the members of that authority have approved such a resolution.

( b ) The manager of a planning authority shall submit a report further to a request under paragraph (a) to the elected members within four weeks of the adoption of the resolution. ]

(2) Where a planning authority proposes to make a variation in a development plan, it shall—

F107 [ ( a ) send notice and copies of the proposed variation of the development plan F108 [ to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media ] , F109 [ the Office of the Planning Regulator, ] the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan, ]

( b) publish notice of the proposed variation of the development plan in one or more newspapers circulating in that area.

(3) A notice under subsection (2) shall state—

( a) the reason or reasons for the proposed variation,

( b) that a copy of the proposed variation may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy of the draft variation shall be kept available for inspection accordingly), and

( c) that written submissions or observations with respect to the proposed variation made to the planning authority within the said period will be taken into consideration before the making of the variation.

F110 [ (3A) The Minister or the Office of the Planning Regulator may, in relation to a proposed variation of a development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate. ]

F111 [ (3A) ( 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. ]

(4) ( a) Not later than 8 weeks after giving notice under subsection (2)(b), the F112 [ chief executive ] of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.

F111 [ ( 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,

F113 [ (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 F112 [ chief executive ] to the issues raised, taking account of 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.

F114 [ ( 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 31D and outline the recommendations of the F112 [ chief executive ] in relation to the manner in which those issues and recommendations should be addressed in the proposed variation. ]

F115 [ ( bc ) A report under paragraph (a) shall summarise the issues raised and recommendations made by the relevant F116 [ regional assembly ] in its written submission prepared in accordance with section 27C (inserted by section 19 of the Act of 2010) and outline the recommendations of the F112 [ 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 proposed variation and the report of the F112 [ chief executive ] under subsection (4) .

F115 [ ( aa ) Following consideration of the proposed variation 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 F109 [ , or from the Office of the Planning Regulator, ] made to the authority under this section or from a F116 [ regional assembly ] made to the authority under section 27C , decides not to comply with any recommendation made in the proposed variation and report, it shall so inform the Minister F109 [ , the Office of the Planning Regulator ] or F116 [ 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 the variation and the F112 [ chief executive s report ] under paragraph (a) shall be completed not later than 6 weeks after the submission of the F112 [ chief executive s report ] to the members of the authority.

F117 [ (6) ( a ) Subject to paragraphs (aa) and (ae) , the members of the authority, having considered the proposed variation and F112 [ chief executive s report ] may, as they consider appropriate, by resolution, make the variation which would, if made, be a material alteration, with or without further modification or they may refuse to make it and paragraph (c) shall apply in relation to any further modification.

( 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 modification that would, if made, be a material alteration of the variation of the development plan.

( ab ) The F112 [ chief executive ] shall, not later than 2 weeks after a determination under paragraph (aa) , specify such period as he or she considers necessary following the determination 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 variation of 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 F112 [ chief executive ] . ]

( b) The requirements of subsections (2) to (5) shall not apply in relation to modifications made in accordance with paragraph (a).

F115 [ ( c ) A further modification to the variation

(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 refers 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. ]

(7) In making a variation under this section, the members of the authority 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.

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

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

F118 [ ( c ) In addition to the requirements of paragraphs (a) and (b) , a planning authority shall send a copy of the variation F108 [ to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media ] , F109 [ the Office of the Planning Regulator, ] the Board, the relevant regional assembly and, where appropriate, to the prescribed authorities, any adjoining planning authorities and any local community development committee within its area. ]

(9) When considering a variation of a development plan in accordance with this section, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the variation.

(10) A person shall not question the validity of a variation in a development plan by reason only that the procedures as set out in this section were not completed within the time required.

(11) A variation made to a development plan shall have effect from the day that the variation is made.

F119 [ (12) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030 - 0037), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a variation of a development plan. ]

F120 [ (13) An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB . ]

F110 [ (14) 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:

F106

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 16, S.I. No. 436 of 2018.

F107

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 26, S.I. No. 214 of 2014.

F108

Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 4(a), (b), S.I. No. 279 of 2021.

F109

Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 10, 13-15, S.I. No. 133 of 2019, art. 2(b).

F110

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(a), (c), S.I. No. 436 of 2018.

F111

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 7, 8, S.I. No. 436 of 2018.

F112

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 24-29, S.I. No. 436 of 2018.

F113

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 15(b), S.I. No. 436 of 2018.

F114

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 85, S.I. No. 574 of 2009.

F115

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(ii), (c) and (d)(ii), S.I. No. 477 of 2010.

F116

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 27, 28, S.I. No. 214 of 2014.

F117

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), (b)(i), (d)(i) and (e), S.I. No. 477 of 2010.

F118

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 29, S.I. No. 214 of 2014.

F119

Inserted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 5.

F120

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(f), S.I. No. 475 of 2011.

Modifications (not altering text):

C25

Prospective affecting provisions: section amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 11, 12, 16, not commenced as of date of revision. Note that the minor amendments in sch. 1 ref. nos. 11, 12 are rendered redundant as the provision affected, subs. (4)(b)(ii), has been substituted as per F-note above. The amendment made by ref. no. 16 cannot be made as the words to be substituted do not exist in subs. (11).

Editorial Notes:

E65

Varying 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.

E66

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

E67

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

E68

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

E69

Power pursuant to subs. (12) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E70

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

E71

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).

E72

Power pursuant to subs. (12) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).

E73

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

E74

Previous affecting provision: subs. (2)(a) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.

E75

Previous affecting provision: subs. (8)(c) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 18, S.I. No. 474 of 2011; substituted as per F-note above.

E76

Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(a), S.I. No. 477 of 2010; substituted as per F-note above.

E77

Previous affecting provision: subs. (4)(b)(ii) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(b)(i), S.I. No. 477 of 2010; substituted as per F-note above.

E78

Previous affecting provision: subs. (8)(c) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 10(e), S.I. No. 477 of 2010; substituted as per F-note above.

E79

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.