Planning and Development (Amendment) Act 2018


National Planning Framework

18. (1) The Principal Act is amended in Part II by inserting the following Chapter after Chapter II:

“Chapter IIA

National Planning Framework

National Planning Framework

20A. The National Spatial Strategy, as amended having regard to the provisions of this Chapter including any document published by the Government which amends or replaces that Strategy or such subsequent document, shall be known as the National Planning Framework.

Objective of National Planning Framework

20B. The objectives of the National Planning Framework are—

(a) to establish a broad national plan for the Government in relation to the strategic planning and sustainable development of urban and rural areas,

(b) to secure balanced regional development by maximising the potential of the regions, and support proper planning and sustainable development, and

(c) to secure the co-ordination of regional spatial and economic strategies and city and county development plans.

Matters to be addressed in National Planning Framework

20C. (1) Any document, published after the commencement of this Chapter, that amends or replaces the National Spatial Strategy or thereafter revises or replaces the National Planning Framework shall address the matters set out in subsection (2)—

(a) for the purposes of the objectives of the National Planning Framework, and

(b) in respect of a period that is not less than 10 years nor more than 20 years after such publication or in any revision or replacement of the National Planning Framework.

(2) The matters referred to in subsection (1) are as follows:

(a) the identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing and commercial development requirements;

(b) the indication of national infrastructure priorities to address the strategic development requirements referred to in paragraph (a) as regards transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, health care, retail, cultural and recreational facilities;

(c) the promotion of co-ordination of development between the terrestrial and marine sectors, having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning4, and of any measures taken by the State to give effect to that Directive;

(d) the conservation of the environment and its amenities, including the landscape and archaeological, architectural and natural heritage;

(e) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to reduce anthropogenic greenhouse gas emissions and to address the necessity of adaptation to climate change;

(f) the documents to which subsection (3) relates.

(3) The National Planning Framework shall—

(a) have regard to the document entitled “EDSP - European Spatial Development Perspective Towards Balanced and Sustainable Development of the Territory of the European Union” which was adopted on 11 May 1999 at Potsdam at the close of an Informal Council of EU Ministers responsible for spatial planning in Member States at Potsdam, 10 and 11 May 1999, and

(b) shall take account of the provisions of the Regional Development Strategy 2035 published by the Northern Ireland Department for Regional Development and any document that amends or replaces a document to which this paragraph relates.

(4) The Government shall prepare and publish the National Planning Framework and keep its implementation under review.

(5) Every 6 years after the date of publication of the National Planning Framework, the Government shall either—

(a) revise the Framework or replace it with a new one, or

(b) publish a statement explaining why the Government has decided not to revise the Framework and include in the statement an indication of a date by which it will be revised or a new National Planning Framework will be published.

(6) Provision shall be made by the Minister for public consultation in the preparation of a new or revised National Planning Framework including arrangements for consultation with—

(a) regional assemblies,

(b) local authorities,

(c) the Board,

(d) bodies prescribed under planning regulations for the purposes of public consultation on plan-making, and

(e) the Northern Ireland Department for Regional Development, where that Department agrees to such consultation being undertaken with it.

(7) The preparation of the National Planning Framework shall be subject to the provisions of relevant EU Environmental Directives including the Strategic Environmental Assessment (SEA) and Habitats (Appropriate Assessment) Directive.

(8) The Government shall submit the draft of the revised or new National Planning Framework, together with the Environmental Report and Appropriate Assessment Report for the approval of each House of the Oireachtas before it is published.

(9) In preparing or revising the National Planning Framework, the Government shall have regard to any resolution or report of, or of any committee of, the Oireachtas that is made, during the period for consideration, as regards the proposed strategy or, as the case may be, the Framework as proposed to be revised.”.

(2) For the purposes of the amendment provided for by subsection (1), the provisions of the Acts set out in columns (2) and (3) of Schedule 3 are amended in the manner referred to in column (4) of that Schedule opposite the reference in columns (2) and (3) to the Act and provision concerned respectively.