Planning and Development Act 2000

F952[Making of Land use plans or part thereof.


177Z.F953[(1) Where a competent authority has received a notice from the Minister under section 177X(6) or section 177Y(8) in relation to a draft Land use plan, and the authority is satisfied that the draft plan can be amended so that it no longer contains the parts or elements which were the subject of a determination under section 177V that the plan would adversely affect a European site, then the authority may make the plan having omitted those parts or elements therefrom.]

(2) Subject to the provisions of this Act, where a proposed part of a draft Land use plan is amended or omitted from the plan, its amendment or omission shall not affect the validity of the remainder of the Land use plan where it is made with the part thereof so amended under this section or without the part thereof so omitted under this section.

(3) Notwithstanding that a statement of case referred to in section 177W(1) regarding any part of a draft Land use plan has been submitted to the Minister under that section, the competent authority may proceed to make the plan other than the part thereof so submitted.

(4) Notwithstanding the requirements of this Act, any delay incurred in the making of a draft Land use plan or part thereof arising from compliance with this Part shall not invalidate the plan or part thereof.]




Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.


Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 34, S. I. No. 474 of 2011.