Planning and Development Act 2000

Consultation and adoption of local area plans.

20

20.—(1) A planning authority shall take whatever steps it considers necessary to F142[consult the Minister F143[, the Office of the Planning Regulator] and the public before] preparing, amending or revoking a local area plan including consultations with any local residents, public sector agencies, non-governmental agencies, local community groups and commercial and business interests within the area.

F144[(1A) The Minister or the Office of the Planning Regulator may, in relation to a local area plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.]

(2) A planning authority shall consult údarás na Gaeltachta before making, amending or revoking a local area plan under subsection (3) for an area which includes a Gaeltacht area.

(3) (a) The planning authority shall, as soon as may be after consideration of any matters arising out of consultations under subsections (1) or (2) but before making, amending or revoking a local area plan—

(i) send notice of the proposal to make, amend or revoke a local area F142[plan to the Minister, F143[the Office of the Planning Regulator,] the Board] and to the prescribed authorities (and, where applicable, it shall enclose a copy of the proposed plan or amended plan),

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

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

(i) that the planning authority proposes to make, amend or revoke a local area plan,

(ii) that a copy of the proposal to make, amend or revoke the local area plan and (where appropriate) the proposed local area plan, or proposed amended plan, may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not less than 6 weeks),

(iii) that submissions or observations in respect of the proposal made to the planning authority during such period will be taken into consideration in deciding upon the proposal.

F145[(iv) that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under subparagraph (iii).]

(c) (i) Not later than 12 weeks after giving notice under paragraph (b), the F146[chief executive] of a planning authority shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and shall submit the report to the members of the planning authority for their consideration.

F147[(ia) A chief executives report prepared for the purposes of subparagraph (i) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under subparagraph (i).]

(ii) A report under subparagraph (i) shall—

(I) list the persons who made submissions or observations,

F148[(II) provide a summary of

(A) 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,

(B) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(C) the submissions and observations made by any other persons,

in relation to the draft local area plan in accordance with this section,]

(III) contain the opinion of the F146[chief executive] in relation to the issues raised, and his or her recommendations in relation to the proposed local area plan, amendment to a local area plan or revocation of a local area plan, as the case may be, 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.

F149[(cc) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the F146[chief executive] in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan.]

F150[(d) (i) The members of a planning authority shall consider the proposal to make, amend or revoke a local area plan and the report of the F146[chief executive] under paragraph (c).

(ii) Following consideration of the managers report under subparagraph (i), the local area plan shall be deemed to be made, amended or revoked, as appropriate, in accordance with the recommendations of the F146[chief executive] as set out in his or her report, 6 weeks after the furnishing of the report to all the members of the authority, unless the planning authority, by resolution

F142[(I) subject to paragraphs (e) to (r), decides to make or amend the plan otherwise than as recommended in the F146[chief executives report], or]

(II) decides not to make, amend or revoke, as the case may be, the plan.

F142[(e) Where, following consideration of the F146[chief executives report], it appears to the members of the authority that the draft local area plan should be altered, and the proposed alteration would, if made be a material alteration of the draft local area plan concerned, subject to paragraphs (f) and (j), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (d)(ii) (inserted by section 9 of the Act of 2002), publish notice of the proposed material alteration in one or more newspapers circulating in its area, and send notice of the proposed material alteration to the Minister, F143[the Office of the Planning Regulator,] the Board and the prescribed authorities (enclosing where the authority considers it appropriate a copy of the proposed material alteration).

(f) 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 material alteration of the draft local area plan.

(g) The F146[chief executive] shall, not later than 2 weeks after a determination under paragraph (f) specify such period as he or she considers necessary following the passing of a resolution under paragraph (d)(ii) as being required to facilitate an assessment referred to in paragraph (f).

(h) 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 (f) is required, in at least one newspaper circulating in its area.

(i) The planning authority shall cause an assessment referred to in paragraph (f) to be carried out of the proposed alteration of the local area plan within the period specified by the F146[chief executive].

(j) A notice under paragraph (e) or (h) as the case may be shall state that

(i) a copy of the proposed material alteration of the draft local area plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(ii) written submissions or observations with respect to the proposed material alteration of the draft local area plan may be made to the planning authority within the stated period and shall be taken into consideration before the making of any material alteration.

F147[(ja) (i) Written submissions or observations received by a planning authority under this subsection shall, subject to subparagraph (ii), be published on the website of the authority within 10 working days of its receipt by that authority.

(ii) Publication in accordance with subparagraph (i)

(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 subparagraph (i), legal advice to the effect that it should not publish under that subparagraph 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 subparagraph (i), 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.]

(k) Not later than 8 weeks after publishing a notice under paragraph (e) or (h) as the case may be, or such period as may be specified by the F146[chief executive] under paragraph (g), the F146[chief executive] shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration.

F147[(ka) A chief executives report prepared for the purposes of paragraph (k) 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 (k).]

(l) A report under paragraph (k) shall

(i) list the persons who made submissions or observations under paragraph (j)(ii),

F148[(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 local area plan in accordance with this section,]

(iii) contain the opinion of the F146[chief executive] in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration to the draft local area plan, including any change to the proposed material alteration as he or she considers appropriate, 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.

(m) The members of the authority shall consider the proposed material alteration of the draft local area plan and the report of the F146[chief executive] under paragraph (k).

(n) Following consideration of the F146[chief executives report] under paragraph (m), the local area plan shall be made or amended as appropriate by the planning authority by resolution no later than a period of 6 weeks after the report has been furnished to all the members of the authority with all, some or none of the material alterations as published in accordance with paragraph (e) or (h) as the case may be.

(o) Where the planning authority decides to make or amend the local area plan or change the material alteration of the plan by resolution as provided in paragraph (n)

(i) paragraph (p) shall apply in relation to the making of the resolution, and

(ii) paragraph (q) shall apply in relation to any change to the material alteration proposed.

(p) It shall be necessary for the passing of the resolution referred to in paragraph (n) that it shall be passed by not less than half of the members of the planning authority and the requirements of this paragraph are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

(q) A further modification to the material alteration

(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.

(r) When performing their functions under this subsection, the members of the planning authority shall be restricted to considering 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) The Minister may make regulations or issue guidelines in relation to the preparation of local area plans.

F145[(4A) A local area plan made under this section shall have effect F151[6 weeks] from the day that it is made.]

(5) A planning authority shall send a copy of any local area plan made under this Chapter to any bodies consulted under subsection (1), (2) or (3), the Board and, where appropriate, any prescribed body.

F144[(5) In this section statutory obligations includes, in relation to a local authority, the obligation to ensure that the local area plan is consistent with

(a) the objectives of the development plan,

(b) the national and regional development objectives specified in

(i) the National Planning Framework, and

(ii) the regional spatial and economic strategy,

and

(c) specific planning policy requirements specified in guidelines under subsection (1) of section 28.]

Annotations

Amendments:

F142

Substituted and inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(a), (b)(i), (iii) and (iv), S.I. No. 477 of 2010.

F143

Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 17-19, S.I. No. 133 of 2019, art. 2(b).

F144

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 17(a), (c), S.I. No. 436 of 2018.

F145

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 13(b)(ii) and (c), S.I. No. 477 of 2010.

F146

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 34-42, S.I. No. 436 of 2018.

F147

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. nos. 9-11, S.I. No. 436 of 2018.

F148

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 17(b)(i), (ii), S.I. No. 436 of 2018.

F149

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 87, S.I. No. 574 of 2009.

F150

Substituted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment.

F151

Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 20, S.I. No. 133 of 2019, art. 2(b).

Editorial Notes:

E84

Making a decision in relation to the making, amendment or revocation of a local area plan is a reserved function of local authorities or municipal district members as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 2 item 12 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.

E85

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

E86

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

E87

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

E88

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).

E89

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

E90

Previous affecting provision: subs. (3)(d)(ii)(I) substituted and subs. (3)(e)-(i) inserted (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 9, commenced on enactment; substituted as per F-note above.

E91

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.