Planning and Development Act 2000

Application and content of local area plans.

19

19.—(1) (a) A local area plan may be prepared in respect of any area, including a Gaeltacht area, or an existing suburb of an urban area, which the planning authority considers suitable and, in particular, for those areas which require economic, physical and social renewal and for areas likely to be subject to large scale development within the lifetime of the plan.

F125[(b) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which

(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,

(ii) has a population in excess of 5,000, and

(iii) is situated within the functional area of a planning authority which is a city and county council or a county council.]

F126[(bb) Notwithstanding paragraph (b), a local area plan shall be made in respect of a town with a population that exceeded 1,500 persons (in the census of population most recently published before a planning authority makes its decision under subparagraph (i)) except where

(i) the planning authority decides to indicate objectives for the area of the town in its development plan under section 10(2), or

(ii) a local area plan has already been made in respect of the area of the town or objectives for that area have already been indicated in the development plan under section 10(2).]

F127[(c) Subject to paragraphs (d) and (e), notwithstanding section 18(5), a planning authority shall send a notice under section 20(3)(a)(i) of a proposal to make, amend or revoke a local area plan and publish a notice of the proposal under section 20(3)(a)(ii) at least every 6 years after the making of the previous local area plan.

(d) Subject to paragraph (e), not more than 5 years after the making of the previous local area plan, a planning authority may, as they consider appropriate, by resolution defer the sending of a notice under section 20(3)(a)(i) and publishing a notice under section 20(3)(a)(ii) for a further period not exceeding 5 years.

(e) No resolution shall be passed by the planning authority until such time as the members of the authority have:

(i) notified the F128[chief executive] of the decision of the authority to defer the sending and publishing of the notices, giving reasons therefor, and

(ii) sought and obtained from the F128[chief executive]

(I) an opinion that the local area plan remains consistent with the objectives and core strategy of the relevant development plan,

(II) an opinion that the objectives of the local area plan have not been substantially secured, and

(III) confirmation that the sending and publishing of the notices may be deferred and the period for which they may be deferred.

(f) Notification of a resolution under paragraph (d) shall be published by the planning authority in a newspaper circulating in the area of the local area plan not later than 2 weeks after the resolution is passed and notice of the resolution shall be made available for inspection by members of the public during office hours of the planning authority and made available in electronic form including by placing the notice on the authoritys website.]

F129[(2) A local area plan shall be consistent with the objectives of the development plan F126[, its core strategy, and any F130[regional spatial and economic strategy] that apply to the area of the plan] and shall consist of a written statement and a plan or plans which may include

(a) objectives for the zoning of land for the use solely or primarily of particular areas for particular purposes, or

(b) such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the area to which it applies, including F126[the objective of development of land on a phased basis and,] detail on community facilities and amenities and on standards for the design of developments and structures.]

F131[(2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA.]

F126[(2B) Where any objective of a local area plan is no longer consistent with the objectives of a development plan for the area, the planning authority shall as soon as may be (and in any event not later than one year following the making of the development plan) amend the local area plan so that its objectives are consistent with the objectives of the development plan.]

(3) The Minister may provide in regulations that local area plans shall be prepared in respect of certain classes of areas or in certain circumstances and a planning authority shall comply with any such regulations.

F132[(4) 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 local area plan.]

F133[(5) An appropriate assessment of a draft local area plan shall be carried out in accordance with Part XAB.

(6) There shall be no presumption in law that any land zoned in a particular local area plan shall remain so zoned in any subsequent local area plan. ]

Annotations

Amendments:

F125

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 30, S.I. No. 214 of 2014.

F126

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(ii), (b) and (c), S.I. No. 477 of 2010.

F127

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(a)(i) and (iii), S.I. No. 477 of 2010.

F128

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 33, S.I. No. 436 of 2018.

F129

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 8, commenced on enactment.

F130

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 31, S.I. No. 214 of 2014.

F131

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 86, S.I. No. 574 of 2009.

F132

Substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 6.

F133

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 12(d), S.I. No. 475 of 2011.

Editorial Notes:

E80

Power pursuant to subs. (4) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).

E81

Power pursuant to subs. (4) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).