Planning and Development (Amendment) Act 2010

13.

Amendment of section 20 of Principal Act.

13.— Section 20 of the Principal Act is amended—

( a) in subsection (1) by the substitution of “consult the Minister and the public before” for “consult the public before”,

( b) in subsection (3) (amended by section 9 of the Act of 2002):

(i) in paragraph ( a)(i) by the substitution of “plan to the Minister, the Board” for “plan to the Board”,

(ii) in paragraph ( b), by the insertion of the following subparagraph after subparagraph (iii):

“(iv) that children, or groups or associations representing the interests of children, are entitled to make submissions or observations under subparagraph (iii).”,

(iii) by the substitution of the following for subparagraph (I) of paragraph ( d)(ii):

“(I) subject to paragraphs ( e) to ( r), decides to make or amend the plan otherwise than as recommended in the manager’s report, or”,

and

(iv) by the substitution of the following for paragraphs ( e), ( f), ( g), ( h) and ( i):

“( e) Where, following consideration of the manager’s report, it appears to the members of the authority that the draft local area plan should be altered, and the proposed alteration would, if made be a material alteration of the draft local area plan concerned, subject to paragraphs ( f) and ( j), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph ( d)(ii) (inserted by section 9 of the Act of 2002), publish notice of the proposed material alteration in one or more newspapers circulating in its area, and send notice of the proposed material alteration to the Minister, the Board and the prescribed authorities (enclosing where the authority considers it appropriate a copy of the proposed material alteration).

( f) 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 material alteration of the draft local area plan.

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

( h) 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 ( f) is required, in at least one newspaper circulating in its area.

( i) The planning authority shall cause an assessment referred to in paragraph ( f) to be carried out of the proposed alteration of the local area plan within the period specified by the manager.

( j) A notice under paragraph ( e) or ( h) as the case may be shall state that—

(i) a copy of the proposed material alteration of the draft local area plan may be inspected at a stated place and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(ii) written submissions or observations with respect to the proposed material alteration of the draft local area plan may be made to the planning authority within the stated period and shall be taken into consideration before the making of any material alteration.

( k) Not later than 8 weeks after publishing a notice under paragraph ( e) or ( h) as the case may be, or such period as may be specified by the manager under paragraph ( g), the manager shall prepare a report on any submissions or observations received pursuant to a notice under that paragraph and submit the report to the members of the authority for their consideration.

( l) A report under paragraph ( k) shall—

(i) list the persons who made submissions or observations under paragraph ( j)(ii),

(ii) summarise the issues raised by the persons in the submissions or observations,

(iii) contain the opinion of the manager in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration to the draft local area plan, including any change to the proposed material alteration as he or she considers appropriate, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

( m) The members of the authority shall consider the proposed material alteration of the draft local area plan and the report of the manager under paragraph ( k).

( n) Following consideration of the manager’s report under paragraph ( m), the local area plan shall be made or amended as appropriate by the planning authority by resolution no later than a period of 6 weeks after the report has been furnished to all the members of the authority with all, some or none of the material alterations as published in accordance with paragraph ( e) or ( h) as the case may be.

( o) Where the planning authority decides to make or amend the local area plan or change the material alteration of the plan by resolution as provided in paragraph ( n)—

(i) paragraph ( p) shall apply in relation to the making of the resolution, and

(ii) paragraph ( q) shall apply in relation to any change to the material alteration proposed.

( p) It shall be necessary for the passing of the resolution referred to in paragraph ( n) that it shall be passed by not less than half of the members of the planning authority and the requirements of this paragraph are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

( q) A further modification to the material alteration—

(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.

( r) When performing their functions under this subsection, the members of the planning authority shall be restricted to considering the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.”,

and

( c) by the insertion of the following subsection after subsection (4):

“(4A) A local area plan made under this section shall have effect 4 weeks from the day that it is made.”.