Planning and Development Act 2000

Making of planning scheme.

169

169.—(1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 168, the planning authority shall, as soon as may be—

(a) send notice and copies of the draft scheme to the Minister, the Board and the prescribed authorities,

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

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

(a) that 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 6 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme.

(3) (a) Not longer than 12 weeks after giving notice under subsection (2) the F700[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.

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

F701[(i) list the persons or bodies who made submissions or observations for the purposes of subsections (1) and (2),]

(ii) summarise the issues raised by the persons or bodies in the submissions or observations,

(iii) give the response of the F700[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.

(4) (a) The members of a planning authority shall consider the draft planning scheme and the report of the F700[chief executive] prepared and submitted in accordance with subsection (3).

F702[(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to

(i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs (ba) and (be)), or

(ii) not to make the draft planning scheme.

(ba) 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 to be carried out as respects one or more than one proposed variation or modification that would, if made, be a material alteration of the draft planning scheme.

(bb) The F700[chief executive] shall, not later than 2 weeks after a determination under paragraph (ba) specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (ba).

(bc) 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 (ba) is required, in at least one newspaper circulating in its area.

(bd) The notice referred to in paragraph (bc) 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 (ba) is required may be inspected at a stated place or places and at stated times, and on the authoritys 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 (ba) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made.

(be) The planning authority shall carry out an assessment referred to in paragraph (ba) of the proposed material alteration of the draft planning scheme within the period specified by the F700[chief executive].]

(c) Where a draft planning scheme is—

(i) deemed, in accordance with paragraph (b), to have been made, or

(ii) made in accordance with paragraph (b)(i),

it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Board under subsection (6).

(5) (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision—

(i) give notice of the decision of the planning authority to the Minister, the Board, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and

(ii) publish notice of the decision in one or more newspapers circulating in its area.

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

(i) give the date of the decision of the planning authority in respect of the draft planning scheme,

(ii) state the nature of the decision,

(iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly),

(iv) state that any person who made submissions or observation regarding the draft scheme may appeal the decision of the planning authority to the Board within 4 weeks of the date of the planning authority’s decision, and

(v) contain such other information as may be prescribed.

(6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Board.

F701[(7) (a) Following consideration of an appeal made under this section, the Board may

(i) subject to paragraph (b) and (c) and subsection (7A), approve the making of the planning scheme, with or without any modifications, or

(ii) refuse to approve the making of the planning scheme.

(b) Except where otherwise provided for by and in accordance with paragraph (c) and subsection (7A), the Board shall not approve, on an appeal under this section, a planning scheme with a modification where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the planning scheme concerned.

(c) If the Board determines that the making of a modification to which, but for this paragraph, paragraph (b) would apply

(i) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC1 on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the planning scheme with such a modification and notify the planning authority or each planning authority for the area or areas concerned, of the modification, or

(ii) constitutes the making of a material change but would not constitute a change in the overall objectives of the planning scheme concerned, then, subject to subsection (7A), it shall approve the planning scheme with such modification.

(d) Where the Board approves the making of a planning scheme in accordance with paragraph (a) or (c), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places, a copy of which shall be made available for inspection accordingly.]

F703[(7A) (a) Before making a decision under subsection (7)(c)(ii) in respect of a planning scheme, the Board shall

(i) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have a significant effect on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, and

(ii) for the purpose of so determining, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

(b) If the Board determines that the making of a modification referred to in subsection (7)(c)(ii)

(i) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it may approve the planning scheme concerned with the modification, or

(ii) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) 2 or on a European site, then it shall require the relevant planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.

(c) Before making a determination under subsection (7)(c)(ii), the Board shall require the relevant planning authority

(i) to send notice and copies of the proposed modification of the planning scheme concerned to the Minister and the prescribed authorities, and

(ii) to publish a notice of the proposed modification of the planning scheme concerned in one or more newspapers circulating in that area,

and every such notice shall state

(I) the reason or reasons for the proposed modification,

(II) that a copy of the proposed modification, along with any assessment undertaken in accordance with paragraph (b)(ii), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and

(III) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification,

and the copy of the proposed modification shall be made available for inspection accordingly.

(d) Not later than 8 weeks after giving notice under paragraph (c), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (7A)(b)(ii) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.

(e) A report under paragraph (d) shall

(i) list the persons or bodies who made submissions or observations for the purposes of paragraph (c)(III),

(ii) summarise the issues raised in the submissions or observations so made,

(iii) include, where and if required for the purposes of subsection (7A)(b)(ii), either or both

(I) the environmental report and strategic environmental assessment, and

(II) the Natura impact report and appropriate assessment,

of the planning authority, and

(iv) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning 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.

(f) Where a report has been submitted to the Board under paragraph (d), the planning authority concerned shall, upon being requested by the Board, provide it with copies of such submissions or observations to which that paragraph relates as are so requested.

(g) The Board shall have regard to any report prepared in accordance with paragraphs (d) and (e), and

(h) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make a modification as referred to in subsection (7)(c)(ii), it shall

(i) approve the planning scheme with the modification accordingly,

(ii) notify the planning authority or each planning authority for the area or areas concerned of the modification, and

(iii) notify any person who made a submission or observation in accordance with paragraph (c)(III) of the determination under subsection (7)(c).]

(8) In considering a draft planning scheme under this section a planning authority or the Board, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, F704[any specific planning policy requirements contained in guidelines under subsection (1) of section 28,] the provisions of any special amenity area order or the conservation and preservation of any European Site and, where appropriate—

(a) the effect the scheme would have on any neighbouring land to the land concerned,

(b) the effect the scheme would have on any place which is outside the area of the planning authority, and

(c) any other consideration relating to development outside the area of the planning authority, including any area outside the State.

F704[(8A) (a) A planning scheme that contains a provision that contravenes any specific planning policy requirement in guidelines under subsection (1) of section 28 shall be deemed to have been made, under paragraph (b) of subsection (4) of section 169, subject to the deletion of that provision.

(b) Where a planning scheme contravenes a specific planning policy requirement in guidelines under subsection (1) of section 28 by omission of a provision in compliance with that requirement, the planning scheme shall be deemed to have been made under paragraph (b) of subsection (4) of section 169 subject to the addition of that provision.]

(9) A planning scheme made under this section shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded.

Annotations

Amendments:

F700

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 63, 64, S.I. No. 436 of 2018.

F701

Substituted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 5(a), (b), commenced on enactment.

F702

Substituted and inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 51, S.I. No. 477 of 2010.

F703

Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 5(b), commenced on enactment.

F704

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 31(a), (b), S.I. No. 436 of 2018.

Editorial Notes:

E320

Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones 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 73 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.

E321

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

E322

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).

E323

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E324

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.

E325

Previous affecting provision: subs. (7)(a) substituted and (aa) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 51, S.I. No. 477 of 2010; substituted as per F-note above.