Planning and Development (Amendment) Act 2010

9.

Amendment of section 12 of Principal Act.

9.— Section 12 of the Principal Act is amended—

( a) in subsection (1)( a), by the substitution of “the Board, the relevant regional authority, the prescribed authorities” for “the Board, the prescribed authorities”,

( 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 84 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 27B (inserted by section 18 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 draft plan 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 27B, decides not to comply with any recommendation made in the draft plan 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 (7)—

(i) by the substitution of the following for subsection (7)( a):

“( a) Subject to paragraphs ( aa) and ( ae) in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (6), publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, the Board and the prescribed authorities.”,

(ii) by the insertion of the following paragraphs after paragraph ( a) of subsection (7):

“( 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 material alteration of the draft development plan.

( ab) The manager, not later than 2 weeks after a determination under paragraph ( aa) shall specify such period as he or she considers necessary following the passing of a resolution under subsection (6) 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 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.”,

(iii) in paragraph ( b), by the substitution of “A notice under paragraph ( a) or ( ac) (inserted by section 9 of the Act of 2010)” for “A notice under paragraph ( a)”,

( e) in subsection (10)—

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

“( a) The members of the authority shall, by resolution, having considered the manager’s report, make the plan with or without the proposed amendment that would, if made, be a material alteration, except that where they decide to accept the amendment they may do so subject to any modifications to the amendments as they consider appropriate, which may include the making of a further modification to the alteration and paragraph ( c) shall apply in relation to any further modification.”;

and

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

“( c) A further modification to the 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 relates 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.”,

and

( f) by the substitution of the following for subsection (14):

“(14) ( a) Notwithstanding any other provision of this Part, where a planning authority fails to make a development plan within a period referred to in paragraph ( b), the manager shall make the plan provided that so much of the plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the manager.

( b) The period referred to in paragraph ( a) is—

(i) not more than 2 years from the giving of notice under section 11(1), or

(ii) where subsection (7)( aa) (inserted by section 9 of the Act of 2010) applies—

(I) not more than 2 years and 4 weeks, or

(II) if appropriate in the circumstances, such longer period than 2 years and 4 weeks as is specified under subsection (7)( ab) (inserted by section 9 of the Act of 2010) by the manager as being required to facilitate an assessment referred to in subsection (7)( aa).”.