Local Government Act 2001

66C

F99[Preparation and making of local economic and community plans

66C. (1) A local authority and a Committee shall, in preparing the economic and community elements of a Plan, have regard to

(a) the need to integrate sustainable development considerations into the Plan,

(b) the resources, wherever originating from, that are available or likely to become available to it for the purpose of the Plan and the need to secure the most beneficial, effective and efficient use of such resources,

(c) the need for co-operation with, and the co-ordination of its activities with those of other local authorities, public authorities and publicly funded bodies, the performance of some of whose functions affect or may affect the local authority and the Committee,

(d) the need for consistency with the policies and objectives of the Government or any Minister of the Government or other public authority in so far as they may affect or relate to the promotion of economic and community development as provided for in sections 66B(2) and 66B(3), and

(e) the need to integrate the economic and community elements, developed in accordance with the provisions of subsections (2) and (3), into the Plan.

(2)(a) Each local authority in developing the economic elements of the Plan shall, in accordance with regulations made by the Minister under section 66H

(i) consult with members of the public (in this subsection referred to as a "public consultation process") by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made

(I) prepare and publish a report on them, and

(II) have regard to them when preparing the economic elements of the Plan,

(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local authoritys opinion, have a contribution to make or are making to economic development within the functional area of that local authority, and

(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.

(b) Following consultations in accordance with paragraph (a), the local authority concerned shall submit a draft of the economic elements of the Plan for consideration

(i) in respect of each municipal district concerned, by the municipal district members, and

(ii) by the regional assembly for the region within which the local authority is located pursuant to section 43 of the Local Government Act 1991,

and each shall adopt a statement on the draft for consideration by the elected council of that local authority and by the Committee.

(c) The consideration of the economic elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with pararaph (b), and the Committee, in accordance with section 128B(1) (h), shall relate to its consistency with

(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,

(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and

(iii) the community elements of a draft of the Plan submitted by the Committee in accordance with subsection (3)(b).

(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.

(3)(a) The Committee, in developing the community elements of the Plan shall, in accordance with regulations made by the Minister under section 66H

(i) consult with members of the public (in this subsection referred to as a "public consultation process") by publishing a public notice (which notice may be given by means of the internet or otherwise) inviting them to make observations or other submissions in writing to the local authority in relation to its proposed development of those elements of the Plan and, in relation to the observations and other submissions so made

(I) prepare and publish a report on them, and

(II) have regard to them when preparing the community elements of the Plan,

(ii) consult with those public authorities and publicly funded bodies exercising functions that, in the local Committees opinion, have a contribution to make or are making to community development to or within, the area of the Committee, and

(iii) consult with any person or body prescribed by regulations made by the Minister under section 66H.

(b) Following consultations in accordance with paragraph (a), the Committee concerned shall submit a draft of the community elements of the Plan for consideration

(i) in respect of each municipal district concerned, by the municipal district members, and

(ii) by the regional assembly for the region within which the local authority, to which the Committee relates, is located pursuant to section 43 of the Local Government Act 1991,

and each shall adopt a statement on the draft for consideration by the elected council of that local authority.

(c) The consideration of the community elements of a draft of the Plan by the regional assembly, the municipal district members, in accordance with paragraph (b), and the local authority concerned, in accordance with subsection (4)(a), shall relate to its consistency with

(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned,

(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000), that may apply, and

(iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b).

(d) The adoption by the municipal district members of a statement under paragraph (b) is a reserved function.

(4)(a) Following the adoption of statements provided for in subsections (2)(b) and (3)(b) and any statement adopted by the Committee, the Plan (including any Plan amended consequent to subparagraph (i), or new Plan made consequent to subparagraph (ii) of section 66F(b)) shall integrate the economic and community elements and that Plan shall be made by the elected council of the local authority, with or without amendment, and any amendment by it shall relate only to the consistency of the Plan with

(i) the core strategy and the objectives of the development plan (being the development plan for the purposes of Chapter I of Part II of the Act of 2000) of the local authority concerned that apply to the area of the Plan, and

(ii) any regional spatial and economic strategy or, as appropriate, regional planning guidelines (being a strategy or guidelines for the purposes of Chapter III of Part II of the Act of 2000) that apply to the area of the Plan.

(b) The making of the Plan under paragraph (a) by the elected council of the local authority is a reserved function.]

Annotations

Amendments:

F99

Inserted (1.07.2014) by Local Government Reform Act 2014 (1/2014), s. 44, S.I. No. 214 of 2014.

F100

Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 18, not commenced as of date of revision.

Modifications (not altering text):

C63

Prospective affecting provision: subss. (2)(c)(i), (ii), (3)(c)(i), (ii) and (4)(a)(i), (ii) substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 18, not commenced as of date of revision.

(2) ...

(c) ...

F100[(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned,

(ii) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024), that may apply, and]

(iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b).

(3) ...

(c) ...

F100[(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned,

(ii) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024), that may apply, and]

(iii) the economic elements of a draft of the Plan prepared in accordance with subsection (2)(b).

...

(4)(a) ...

F100[(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of Chapter 5 of Part 3 of the Act of 2024) of the local authority concerned that apply to the area of the Plan, and

(ii) any regional spatial and economic strategy (being a strategy for the purposes of Chapter 4 of Part 3 of the Act of 2024), that apply to the area of the Plan.]

...