Planning and Development Act 2000

Obligation to make development plan.

9

9.—(1) Every planning authority shall every 6 years make a development plan.

F55 [ (1A) Notwithstanding subsection (1) , the council of the city of Cork shall make a development plan every 6 years (or such longer period, not exceeding 7 years, as the Minister may specify by order).

(1B) Notwithstanding subsection (1) , the council of the county of Cork shall make a development plan every 6 years (or such longer period, not exceeding 7 years, as the Minister may specify by order). ]

(2) Subject to subsection (3), a development plan shall relate to the whole functional area of the authority.

F56 [ (3)( a ) A planning authority may, with the agreement of one or more local authorities which are adjoining local authorities, or on the direction of the Minister shall, make a single development plan for its functional area and any environs of that area which form part of any adjoining local authorities. ]

( b) Where it is proposed to make a development plan under paragraph (a), the planning authorities concerned shall make whatever arrangements they see fit to prepare the plan including the carrying out of the requirements of this Chapter as a joint function of the authorities concerned (and this Chapter shall be construed accordingly) except that where decisions are reserved to the members of the planning authorities concerned the decisions must be made by the members of each authority concerned subject to any agreement which those authorities may make for the resolution of differences between any such reserved decisions.

(4) In making a development plan in accordance with this Chapter, a planning authority shall have regard to the development plans of adjoining planning authorities and shall co-ordinate the objectives in the development plan with the objectives in the plans of those authorities except where the planning authority considers it to be inappropriate or not feasible to do so.

(5) In making a development plan in accordance with this Chapter, a planning authority shall take into account any significant likely effects the implementation of the plan may have on the area of any adjoining planning authority having regard in particular to any observations or submissions made by the adjoining authority.

F57 [ (5A) ( a ) Written observations or submissions received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b) , be published on the website of the authority within 10 working days of its receipt by that authority.

( b ) Publication in accordance with paragraph (a)

(i) does not apply where the planning authority is of the opinion that the observation or submission 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 paragraph (a) , legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the observations or submissions 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 paragraph (a) , legal advice that part of the observations or submissions 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 observations or submissions relate to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the observations or submissions relate to matters prescribed by the Minister. ]

(6) A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.

F58 [ (6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA. ]

(7) ( a) The Minister may require 2 or more planning authorities to co-ordinate the development plans for their areas generally or in respect of specified matters and in a manner specified by the Minister.

( b) Any dispute between the planning authorities in question arising out of the requirement under paragraph (a) shall be determined by the Minister.

Annotations

Amendments:

F55

Inserted (31.01.2019) by Local Government Act 2019 (1/2019), s. 37(a), S.I. No. 20 of 2019.

F56

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 13, S.I. No. 214 of 2014.

F57

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 19 and sch. 4 ref. no. 1, S.I. No. 436 of 2018.

F58

Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 82, S.I. No. 574 of 2009.

Editorial Notes:

E39

Making a development plan is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 69 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.