Development Plan

Overview

County Councils and City Councils are planning authorities for their areas. This means that they are responsible for the administration and enforcement of planning and development legislation for their area.Formerly, most Town Councils were planning authorities prior to their abolition under 2014 legislation.

Each planning authority is obliged to make a development plan every six years.  This is a plan indicating the development objectives and land use strategies for each part of their area.

Certain objectives must be included in development plans. Other objectives are optional.  The environmental plan should set out in broad terms, the permitted land uses for each part of the district. Land must be zoned for use for particular purposes (e.g. residential, industrial, commercial, agricultural, open spaces, mixed-use), to the extent that the planning authority considers that proper and sustainable planning and development of the area so requires.

Objectives

Sufficient land must be zoned for housing. Provision must be made for infrastructure, including energy, communications, water, waste and transport. The plan should  provide (amongst other things) for the objectives of

• conserving and protecting the environment, including the archaeological heritage;
• integration of proper planning and sustainable development with social, community and culture requirements of the area and its population;
• preservation of the character of the landscape including preservation of use of amenities and places of natural beauty or interest;
• protection of structures of special archaeological, historical, architectural, cultural scientific, social or technical interest,
• preservation of the character of architectural conservation areas;
•  development and renewal of areas in need of regeneration;
• traveller accommodation,
• preservation, extension and improvement of amenities;
• provision of community services such as schools,
• protection of artistic and cultural heritage
• flood risk assessment and the control of development in flood risk are
• reservation of land for allotments and for regulating promoting and controlling the provision of allotments for individual or community use.

Plans under other legislation including waste management and strategic development zone plans are deemed to be incorporated.  Where a housing strategy has been adopted, this is incorporated. There are a number of further categories of objectives which may be provided, including provision for infrastructure and transport, the location and pattern of development and community facilities.

Planning Authorities must coordinate their plans with adjoining authorities and with other spatial plans unless it is inappropriate to do so. The Minister can require adjoining authorities to coordinate their plans generally or in relation to specific issues.  Development Plans must have regard to relevant Government objectives and strategies.

Consultation

The Development Plan is adopted made by the elected members of the Council. It is proposed by the planning and other officers of the authority, with the input of consultants in some cases. The legislation encourages consultation with the public and persons with special environmental interests, in the making of the plan

Planning Authorities are obliged to consult with service and utility providers, education, health, police and other service providers on their long-term proposals and plans for providing infrastructure and services. These organisations must provide the requisite information.  Planning Authorities are also obliged to consult with certain groups with special interest and environmental expertise (including non-governmental groups)participate in the making of the plan.

Planning authorities are required to seek submissions and observations on the draft plan. Not less than four years after the previous plan has been adopted, the local authority must give notice of its intention to review the plan and prepare a new development plan. A notice must be given to certain bodies and published in a newspaper circulating in the area.  It must indicate that the plan is being reviewed and indicate where it may be inspected.  Observations and submissions are sought for a certain period.  The authority must hold a public meeting to seek written and oral submissions in respect of the plan.

The County manager is required to prepare a report on the submissions,  observations and matters arising from the consultation.  The report summarises the submissions and issues and gives the manager’s views on them in the context of the recommendations for inclusion in the plan.

Report to Elected Members

The manager’s report is submitted to the elected members or a committee of them, who consider it and issue directions in relation to its contents.  The elected members may issue directions but are limited to considering the proper planning and development of the area.  Within 12 weeks, the manager is required to submit a draft development plan for the members to consider.

The draft development plan must be put on display for 10 weeks and notice of this fact must be submitted to certain bodies. A notice must also be published in a newspaper circulating in the area giving details of where the plan may be inspected.  The draft development plan must be submitted to certain bodies.

Within 22 weeks after giving notice of the plan, the County Manager must prepare a report on submissions and observations raised, outlining issues and giving responses.  A general overview and summaries of the issues will suffice.  The elected members must consider the plan and the managers report.

Adoption and Variation by Elected Members

The elected member may resolve to accept or amend the draft development plan.  If an amendment is material, the draft plan must be put on display again and the provisions in relation to the public notice, submissions and observations apply.  The elected members may adopt the plan with amendments or without them. If the elected members fail to follow the procedures, the plan may be unlawful and can be held to void.

The local authority can vary the development plan from time to time. It must vary the plan where regional planning guidelines require variation, to achieve their objectives.  The procedure for variation requires notice to specified bodies, publication of the public notice, the invitation of written submissions and observations and a report by the County Manager on the variation and submissions.

The elected members then consider the proposed variation.  The procedure is, in effect, a shortened version of the procedure for adoption of the development plan.

Nature of Development Plan

The development plan should set the framework for the development of the local authority area.  Local authorities have a broad obligation to take steps to secure the objectives in their plan. These may be in policy or aspiration terms or may be on more concrete terms, in other cases..

A local authority may not carry out development in contravention of its own development plan.  The Courts will prohibit such development.  Bord Pleanála is obliged to have regard to the development plan but does have the power to grant planning permission in contravention of it. The County Manager must report to the elected members on the progress achieved in implementing objectives in the development plan within two years of it being made.

Local Area Plans

Local authorities may also make local area plans. They must be consistent with the development plan. It consists of a written statement and a plan dealing with objectives determined by the local authority.  The rules for adaptation of a local area plan are broadly similar to those for the adoption of the development plan.  An Bord Pleanála must have regard to the provisions of the local area plan.

Local area plans are required in certain circumstances and are optional in other.  Regard may be had to the draft development plan and draft local area plan in planning applications.

The 2010 Act requires that Local area plans must be prepared for population areas of 5,000 or more. The local authority must also provide a statutory plan for towns and villages of a population between 1,500 and 5,000. There is flexibility as to whether this is to be provided within the development plan or the local area.

The Department has powers to issue a direction in relation to local area plans. The Minister can draft a proposed direction and seek views from local parties, including the council.

Integration with Regional and National Plans

The 2010 Act sought to strengthen the link between the National Spatial Strategy, regional planning guidelines, development plans and local area plans. The core strategy must take account of ministerial policies in relation to national and regional population targets. It strengthens the development plan as the link between national, regional, county, and local policy. The policy also applies to local area plans. The purpose is to secure a strategic and phased approach to zoning, which will facilitate infrastructure phasing.

Planning authorities must review and vary  their development plans within a year after the making of the relevant regional planning guidelines, in order to provide for a core strategy within their existing development plan. Development plans must contain mandatory objectives for the promotion of sustainable development and transportation strategies in urban and rural areas,  including the promotion of environmentally friendly measures.

Submissions and observations on strategic issues in the draft development plan are provided for. In the context of varying a development plan, the Manager’s report must make recommendations to ensure consistency between regional planning guidelines and the relevant development plan.

Evidence Based Strategy

The 2010 Act introduced requirements for an evidence-based strategy in development plans. They are to provide information as how to the plan and housing strategy, are consistent with Regional Planning Guidelines and the National Spatial Strategy.

The location, extent and phasing of proposed developments as well as growth scenarios, transport plans retail developments and policies regarding development in rural areas are to be shown. More detailed circulars are to issue from the Department in relation to planning systems and spatial policy.

The core strategy shall take account of any policy of the Minister in relation to national and regional population targets and shall strengthen further the development plan as the fundamental link with national, regional, county/city and local policies. The core strategy shall also provide the policy framework for Local Area Plans (LAPs), particularly in relation to zoning at LAP level.

The location, quantum and phasing of proposed development must be shown as well as growth scenarios, details of transport plans and retail development and proposals for development in rural areas (in accordance with Ministerial guidelines). The key objective is to secure a strategic and phased approach to zoning which will facilitate infrastructure provision.

In support of the broader climate change agenda, development plans must contain mandatory objectives for the promotion of sustainable settlement and transportation strategies in urban and rural areas, including appropriate measures to reduce man-made greenhouse gas emissions

Regional Plans

Regional authorities may adopt regional planning guidelines.  In doing so, the authorities take account of proper planning and development and the obligations of the local authorities and governmental policy.

Account must be taken of the National Spatial planning spatial strategy.  There is provision for public consultation, similar to that for the development plan. Following consideration of submissions or observations the regional authority shall, subject to any amendments that it considers necessary, make the regional planning guidelines.

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 adoption or amendment of the regional planning guidelines.

The  objective of regional planning guidelines shall be to support the implementation of the National Spatial Strategy by providing a long-term strategic planning framework for the development of the region for which the guidelines are prepared which shall be consistent with the National Spatial Strategy.

Regional Plan and Ministerial Guidelines

Where the Minister is of the opinion that—

• a regional authority, or authorities, as the case may be, in making the regional planning guidelines has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the regional authority or authorities
• the regional planning guidelines fail to provide a long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development,
• the regional planning guidelines are not in compliance with the requirements of this Act, or
• if applicable, in relation to a regional authority or authorities whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,

the Minister may, i for stated reasons direct a regional authority or authorities, as the case may be, to take such specified measures as he or she may require in relation to that plan.

Where the Minister issues a direction under this section the regional authority or regional authorities,  shall comply with that direction and the Manager or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.

Before he or she issues a direction under this section, the Minister shall issue a draft notice in writing to a regional authority or regional authorities, as the case may be, no later than 4 weeks after the guidelines are made.

Regional Authority and Development Plan

The Regional Authority has an explicit role in the pre-draft and the draft development plan preparation, and the variation to a development plan  to ensure consistency between it and the regional planning guidelines in force, including informing the Minister of its views.

Planning authorities are required to have regard to the regional planning guidelines in force.A planning authority shall ensure, when making or varying a development plan or a local area plan, that the plan is consistent with any regional planning guidelines in force for its area.

Submissions or observations made by the regional authority shall contain a report which shall state whether, in the opinion of that authority, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional planning guidelines in force for the area of the development plan. The Minister may direct a joint report by combined Regional Authorities.

Where the opinion of the regional authority is that the draft development plan and its core strategy are not consistent with the regional planning guidelines,  report on the draft plan shall include recommendations as to what amendments, in the opinion of the regional authority, are required in order to ensure that the draft development plan and its core strategy are so consistent.

Linkage and Coherence

There is an explicit link between regional planning guidelines, the National Spatial Strategy and the development plan. Regional planning guidelines must be set within the policy framework of the National Spatial Strategy. The Regional Authority has a role in the pre-draft and draft development plan preparation and its variation. This is in order to ensure consistency.

One of the key objectives in requiring development plans to include a core strategy is to ensure greater consistency between the NSS and RPGs on the one hand, and city and county development plans on the other. This is of particular importance in co-ordinating development objectives across local authority boundaries (for example, within an NSS Gateway) and also in relation to strategic infrastructure within a region.

A planning authority must demonstrate, by way of a statement when preparing and making a draft development plan, how it has implemented the policies and objectives of the Minister contained in guidelines issued by him under section 28 of the Principal Act. Equally, as the case may be, planning authorities must detail the reasons why such policies and objectives were not implemented. This should ensure that there is a much reduced need for the Minister to intervene in the development plan process and use his powers to give directions.

Ministerial Directions and Guidelines I

Where the Minister is of the opinion that a planning authority, in making a development plan, a variation of a development plan, or a local area plan  has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the planning authority ,

• in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area,
• the plan is not in compliance with the requirements of the Planning  Act, or
• that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority,

the Minister may for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.

Where the Minister issues a direction  the planning authority  shall comply with that direction and the Manager or elected members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.

The Minister can issue a proposed direction (i.e. draft direction) and seek views from local stakeholders (including those of the Council) on his proposal before he makes a final decision whether or not to formally issue a direction. Section 18 also provides for a discretionary provision for the Minister to appoint an independent inspector to review the manager’s report prepared on foot of public consultations on the proposed direction.

The planning authority must demonstrate by way of a statement, how it has implemented the policies and objectives contained in the Ministerial guidelines. If this has not been done, detailed reasons, why the policies and objectives have not been implemented must be stated.

Ministerial Directions and Guidelines II

The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions. A planning authority in having regard to the guidelines issued by the Minister , shall

• consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and
• append a statement to the draft development plan and the development plan which shall include the below information

The statement  shall include information which demonstrates how the planning authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the draft development plan and the development plan, or  if applicable ,that the planning authority has formed the opinion that it is not possible,because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines.

Ministerial policy directives.

The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under the Act and planning authorities shall comply with any such directives in the performance of their functions.

Where applicable, the Board shall also comply with any policy directives issued to planning authorities  in the performance of its functions.

The Minister may revoke or amend a policy directive issued. Where he so proposes a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.

2018 Act (Uncommenced)

The 2018 Act established the Office of the Public Regulator. The OPRs functions include:

• Evaluation and assessment of development plans, including draft development plans, variations to development plans, local area plans (including amendments or revocations) and regional spatial and economic strategies, during their preparation and provision of recommendations to planning authorities and regional assemblies.
• Inform the Minister if, in the OPRs opinion the relevant plan is not consistent with its observations especially where the inconsistency would affect the overall strategy for proper planning and sustainable development of the plan area.
• Conduct research at the request of the Minister, education and training programs, and reviews of the performance of the Board and Planning Authorities,
• Oversight of the delivery of effective planning services to the public by planning authorities.
• Annual reporting and provision of observations in relation to planning legislation.
• Evaluation and assessment of strategic transport plans made by the National Transport Authority.

The Minister can also assign further functions to the OPR as required. The OPR does not have any function in relation to individual planning applications or appeals.

National Planning Framework (2018 Act Uncommences

The 2018 Act  provides the legislative context for the National Planning Framework (NPF) and outlines its objectives which include,

• Establishing a broad national plan for the Government in relation to the strategic planning and sustainable development of urban and rural areas;
• Securing balanced regional development by maximising the potential of the regions; and
• Securing the co-ordination of regional spatial and economic strategies, and city and county development plans.

The Act also sets out the matters to be addressed in the NPF which includes the promotion of co-ordination between the terrestrial and marine sectors. The NPF is to be reviewed every six years (i.e. it will either be replaced with a new one or a statement will be published to confirm why the Government has not decided not to revise it).