Planning and Development (Amendment) Act 2010

15.

Amendment of section 24 of Principal Act.

15.— Section 24 of the Principal Act is amended by the substitution of the following subsections for subsection (6):

“(6) ( a) Subject to paragraphs ( b) and ( e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional authority shall, subject to any amendments that it considers necessary, make the regional planning guidelines.

( b) The regional 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 amendment of the draft regional planning guidelines.

( c) The director of the regional authority, not later than 2 weeks after a determination under paragraph ( b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph ( b).

( d) The regional authority shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.

( e) The notice referred to in paragraph ( d) shall state—

(i) that a copy of any proposed material amendment and of any determination by the authority that an assessment referred to in paragraph ( b) 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 amendment or an assessment referred to in paragraph ( b) and made to the regional authority within a stated period shall be taken into account by the authority before the regional planning guidelines are adopted.

( f) The regional authority shall carry out an assessment referred to in paragraph ( b) of the proposed material amendment of the draft regional planning guidelines within the period specified by the director of the regional authority.

(6A) Following the consideration of submissions or observations under subsection (6), and subject to section 25, the regional authority shall make the regional planning guidelines with or without the proposed material amendments, subject to any minor modifications considered necessary.

(6B) A minor modification referred to in subsection (6A) 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.”.