Planning and Development Act 2000

170A

F706[Amendment of planning scheme.

170A. (1) A planning authority may, on its own behalf where it is promoting a planning scheme, or on behalf of a development agency which is promoting a planning scheme, make an application to the Board to request an amendment under this section to a planning scheme.

(2) Where an application under subsection (1) has been made, the Board shall make a decision, in a manner provided for by this section, as to whether the making of the amendment to which the request relates would constitute the making of a material change to the planning scheme.

(3) (a) Where the amendment F707[fails to satisfy] each of the criteria referred to in subparagraphs (i) to (iv) of paragraph (b) F708[], the Board shall require the planning authority to amend the planning scheme in compliance with the procedure laid down in section 169 and that section shall be construed and have effect accordingly.

(b) The criteria referred to in paragraph (a) are that the amendment to the planning scheme concerned

(i) would not constitute a change in the overall objectives of the planning scheme concerned,

(ii) would not relate to already developed land in the planning scheme,

F709[(iii) would not significantly increase or decrease the overall floor area or density of proposed development, and

(iv) would not adversely affect or diminish the amenity of the area that is the subject of the proposed amendment.]

(v) F710[]

(4) If the Board determines that the making of the amendment to a planning scheme

(a) 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/EC on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the making of the amendment to the planning scheme and notify the planning authority or each planning authority for the area or areas concerned, of the amendment, or

(b) constitutes the making of a material change but is within the criteria set out in subsection (3)(b), then, subject to subsection (5), it may approve the making of the amendment to the planning scheme with such amendment, or an alternate amendment, being an amendment that would be different from that to which the request relates but would not represent, in the opinion of the Board, a more significant change than that which was proposed.

(5) Before making a determination to which subsection (4)(b) would relate, the Board shall establish whether or not the extent and character

(a) of the amendment to which subsection (1) relates, and

(b) of any alternative amendment it is considering and to which subsection (4)(b) relates,

are such that, if the amendment were to be made, it would be likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site and, for that purpose, 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.

(6) If the Board determines that the making of either kind of amendment referred to in subsection (4)(b)

(a) 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, it shall proceed to make a determination under subsection (4)(b), or

(b) is 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 shall require the 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 amendment or alternative amendment.

(7) Before making a determination to which subsection (4)(b) would relate, the Board shall require the planning authority concerned

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

(b) to publish a notice of that proposed amendment in one or more newspapers circulating in the area concerned,

and every such notice shall state

(i) the reason or reasons for the proposed amendment,

(ii) that a copy of the proposed amendment, along with any assessment undertaken according to subsection (6)(b), 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 amendment 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 amendment,

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

(8) Not later than 8 weeks after giving notice under subsection (7), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (6)(b) 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.

(9) A report under subsection (8) shall

(a) list the persons or bodies who made submissions or observations for the purposes of subsection (7)(iii),

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

(c) include, where and if required for the purposes of subsection (6)(b), 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

(d) 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.

(10) The Board shall have regard to any report prepared in accordance with subsections (8) and (9).

(11) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make an amendment of any kind referred to in subsection (4), it shall

(a) approve the making of an amendment to the planning scheme accordingly,

(b) notify the planning authority or each planning authority for the area or areas concerned of the amendment, and

(c) notify any person who made a submission or observation in accordance subsection (7)(iii) of its determination under subsection (4).

(12) The amendment of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was amended except in accordance with the terms of this Act.

(13) Without prejudice to the generality of subsection (12), sections 40 and 42 shall apply to any permission granted under this Part.]

Annotations

Amendments:

F706

Inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 6, commenced on enactment.

F707

Substituted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(a), commenced on enactment.

F708

Deleted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(a), commenced on enactment.

F709

Substituted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(b), commenced on enactment.

F710

Deleted (28.12.2016) by Courts Act 2016 (22/2016), s. 5(b), commenced on enactment.

Editorial Notes:

E327

The section heading is taken from the amending section in the absence of one included in the amendment.