Planning and Development (Amendment) Act 2010

10.

Amendment of section 13 of Principal Act.

10.— Section 13 of the Principal Act is amended—

( a) in subsection (2)( a) by the substitution of “the Board, the relevant regional authority, and, where appropriate,” for “the Board and, where appropriate”,

( b) in subsection (4)—

(i) in paragraph ( b), by the substitution of the following subparagraph for subparagraph (ii):

“(ii) summarise the following from the submissions or observations made under this section:

(I) issues raised by the Minister, and

(II) thereafter, issues raised by other bodies or persons,”,

(ii) by the insertion of the following paragraph after paragraph ( bb) (inserted by section 85 of the Act of 2008):

“( bc) A report under paragraph ( a) shall summarise the issues raised and recommendations made by the relevant regional authority in its written submission prepared in accordance with section 27C (inserted by section 19 of the Act of 2010) and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan.”,

( c) by the insertion of the following paragraph after subsection (5)( a):

“( aa) Following consideration of the proposed variation and the report of the manager under paragraph ( a) where a planning authority, after considering a submission of, or observation or recommendation from the Minister made to the authority under this section or from a regional authority made to the authority under section 27C, decides not to comply with any recommendation made in the proposed variation and report, it shall so inform the Minister or regional authority, as the case may be, as soon as practicable by notice in writing which notice shall contain reasons for the decision.”,

( d) in subsection (6)—

(i) by the substitution of the following paragraphs for paragraph ( a):

“( a) Subject to paragraphs ( aa) and ( ae), the members of the authority, having considered the proposed variation and manager’s report may, as they consider appropriate, by resolution, make the variation which would, if made, be a material alteration, with or without further modification or they may refuse to make it and paragraph ( c) shall apply in relation to any further modification.

( aa) 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 modification that would, if made, be a material alteration of the variation of the development plan.

( ab) The manager shall, not later than 2 weeks after a determination under paragraph ( aa), specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph ( aa).

( ac) 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 ( aa) is required, in at least one newspaper circulating in its area.

( ad) The notice referred to in paragraph ( ac) shall state—

(i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph ( aa) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

(ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph ( aa) and made to the planning authority within a stated period shall be taken into account by the authority before the variation of the development plan is made.

( ae) The planning authority shall carry out an assessment referred to in paragraph ( aa) of the proposed material alteration of the draft development plan within the period specified by the manager.”,

and

(ii) by the insertion of the following paragraph after paragraph ( b):

“( c) A further modification to the variation—

(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.”,

( e) in subsection 8( c), by the substitution of “the Board, the relevant regional authority and,” for “the Board and”,

( f) by the insertion of the following new subsection after subsection (12):

“(13) An appropriate assessment of a draft variation of a development plan shall be carried out in accordance with Part XAB.”.