Planning and Development (Amendment) Act 2010

51.

Amendment of section 169 of Principal Act.

51.— Section 169 of the Principal Act is amended—

( a) in subsection (4), by the substitution of the following paragraphs for paragraph ( b):

“( b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to—

(i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs ( ba) and ( be)), or

(ii) not to make the draft planning scheme.

( ba) 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 to be carried out as respects one or more than one proposed variation or modification that would, if made, be a material alteration of the draft planning scheme.

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

( bc) 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 ( ba) is required, in at least one newspaper circulating in its area.

( bd) The notice referred to in paragraph ( bc) 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 ( ba) 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 ( ba) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made.

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

and

( b) in subsection (7), by the substitution of the following paragraphs for paragraph ( a):

“( a) The Board may, following the consideration of an appeal made under this section, approve the making of the planning scheme, with or without any modifications (and paragraph ( aa) shall apply in relation to any modifications) or it may refuse to approve it.

( aa) A modification made by the Board on appeal 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.”.