Planning and Development Act 2000

F59[Modification to operation of section 9 of Act of 2000 having regard to Covid-19

9A

9A. (1) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section, where a review of a development plan and preparation of a new development plan referred to in paragraph (a), (aa) or (ab) of section 11(1) (as may be modified by section 11(1)(b)) or section 11B, or both as the case may be, was commenced but was not completed before the date of the coming into operation of section 2 of the Planning and Development (Amendment) Act 2021 a planning authority may decide, having regard to the extraordinary circumstances arising from the risk to public health posed by the spread of Covid-19 and the disruption to the completion of the review of the development plan and the preparation of a new development plan caused by restrictions introduced in response to the Covid-19 pandemic, that a further period of up to but not exceeding one year may be necessary and appropriate to complete the review and to prepare and make a new development plan for its functional area.

(2) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section, where a review of a development plan and preparation of a new development plan referred to in paragraph (a), (aa) or (ab) of section 11(1) (as may be modified by section 11(1)(b)) or section 11B, or both as the case may be, was commenced but was not completed before the date of the coming into operation of section 2 of the Planning and Development (Amendment) Act 2021 the members of a planning authority may, by simple majority, approve a resolution, having regard to the extraordinary circumstances arising from the risk to public health posed by the spread of Covid-19 and the disruption to the completion of the review of the development plan and the preparation of a new development plan caused by restrictions introduced in response to the Covid-19 pandemic, that a further period of up to but not exceeding one year may be necessary and appropriate to complete the review and to prepare and make a new development plan for its functional area and submit that resolution to the chief executive of the planning authority, together with the reasons given by the members of the authority for reaching the resolution.

(3) Notwithstanding subsections (1), (1A) and (1B) of section 9 but subject to this section and section 11D and having made a decision under section 11D(9) to extend the duration of its existing development plan or, where section 11B applies, existing development plans, the members of a planning authority may decide by resolution that a further period is necessary to complete the development plan review and to prepare and make a new development plan.

(4) At any time after making a decision under subsection (3), a planning authority may decide, in accordance with that subsection, that a further period or periods may be necessary in addition to the period specified in the decision, but the cumulative period which the authority may decide is necessary to complete the development plan review and to prepare and make a new development plan shall not exceed one year.

(5) Where a planning authority decides, in accordance with subsection (3), that a further period or periods is or are required to complete the development plan review and to prepare and make a new development plan, the planning authority concerned shall, as soon as may be after making the decision or decisions, as the case may be, notify the Office of the Planning Regulator of its decision or decisions and the planning authority shall provide to the Office of the Planning Regulator an indicative programme for the making of a new development plan within that further period or periods.

(6) In this section, "Covid-19" means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ) or any variant of the disease so specified as an infectious disease in those Regulations.

(7) This section shall cease to have effect on 1 January 2024.]

Annotations:

Amendments:

F59

Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 2, S.I. No. 365 of 2021.

Editorial Notes:

E40

The section heading is taken from the amending section in the absence of one included in the amendment.