Planning and Development Act 2000

24

F171[Consultation regarding regional spatial and economic strategy

24.(1) As soon as may be after agreeing any necessary arrangements under section 21, a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.

(2) A notice under subsection (1) shall be given to the Minister, F172[the Office of the Planning Regulator,] the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall

(a) state that the regional assembly intends to make a regional spatial and economic strategy,

(b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23,

(c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).

(3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.

(4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be

(a) send notice and copies of the draft strategy to the Minister, F172[the Office of the Planning Regulator,] the Board, the prescribed authorities in its area, and

(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

(5) A notice under subsection (4) shall state

(a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.

(6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular

(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F, and

(b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F, a statement of the reasons for that course of action.

(7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular

(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF, and

(b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.

(8) (a) Subject to paragraphs (b) and (e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.

(b) The regional assembly 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 spatial and economic strategy.

(c) The director of the regional assembly, 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 assembly 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 regional assembly 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 assemblys 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 assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.

(f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.

(9) Following the consideration of submissions or observations under subsection (8), and subject to section 25, the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.

(10) A minor modification referred to in subsection (9) 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.

(11) (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.

(b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).]

Annotations

Amendments:

F171

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.

F172

Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 21, 22, S.I. No. 133 of 2019, art. 2(b).

Editorial Notes:

E118

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E119

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E120

Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).

E121

Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).

E122

Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E123

Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E124

Previous affecting provision: subs. (5A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 90, S.I. No. 574 of 2009; substituted as per F-note above.

E125

Previous affecting provision: subs. (5B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(a), S.I. No. 575 of 2009; substituted as per F-note above.

E126

Subs. (6) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.

E127

Subss. (6A) and (6B) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.

E128

Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.