Planning and Development Act 2000

Ministerial guidelines.

28

28.—(1) The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions.

F186[(1A) Without prejudice to the generality of subsection (1) and for the purposes of that subsection a planning authority in having regard to the guidelines issued by the Minister under that subsection, shall

(a) consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and

(b) append a statement to the draft development plan and the development plan which shall include the information referred to in subsection (1B).

(1B) The statement which the planning authority shall append to the draft development plan and the development plan under subsection (1A) shall include information which demonstrates

(a) how the planning authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the draft development plan and the development plan, or

(b) if applicable, that the planning authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines when considering the application of those policies in the area or part of the area of the draft development plan or the development plan and shall give reasons for the forming of the opinion and why the policies and objectives of the Minister have not been so implemented.]

F187[(1C) Without prejudice to the generality of subsection (1), guidelines under that subsection may contain specific planning policy requirements with which planning authorities, regional assemblies and the Board shall, in the performance of their functions, comply.]

F188[(1D) A strategic environmental assessment or an appropriate assessment shall, as the case may require, be conducted in relation to a draft of guidelines proposed to be issued under subsection (1).]

(2) Where applicable, the Board shall have regard to any guidelines issued to planning authorities under subsection (1) in the performance of its functions.

(3) Any planning guidelines made by the Minister and any general policy directives issued under section 7 of the Act of 1982 prior to the commencement of this Part and still in force immediately before such commencement shall be deemed to be guidelines under this section.

(4) The Minister may revoke or amend guidelines issued under this section.

(5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas.

(6) A planning authority shall make available for inspection by members of the public any guidelines issued to it under this section.

(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.

Annotations

Amendments:

F186

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 20, S.I. No. 477 of 2010.

F187

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 20(a), S.I. No. 436 of 2018.

F188

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 20(b), S.I. No. 436 of 2018.

Editorial Notes:

E138

Power pursuant to section exercised (2.01.2001) by Local Government (Planning and Development) General Policy Directive (Shopping) 1998 (Revocation Order) 2001 (S.I. No. 1 of 2001).

E139

Previous affecting provision: subs. (1C) inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 2, commenced on enactment; substituted as per F-note above.