Planning and Development Act Quiz

Seminar 5 Development Plans

• The seminar covers the planning system's main features, including making development plans, the need for planning permission, exempted development, appeals against planning decisions, and planning enforcement.
• The Planning and Development Bill 2023 was approved by the Oireachtas on October 9, 2024, and now awaits the President's signature to become law. Commencement of the vast majority of the bill is pending, potentially delaying the effective implementation date. Further amendments by the next government are also possible.
• Two levels of development/planning control exist: strategic, encompassing Development Plans, and project-level control, including permitting/planning permission. Environmental assessment (SEA and EIA) is a parallel process covered in later seminars.

Current National and Regional Development Policy

• National Planning Framework (NPF) – Part II (ss20(a)-(c) PDA)
• Project Ireland 2040: National Planning Framework (NPF) – long-term spatial framework and public investment strategy (2018-2027). National Development Plan (NDP) (2018-2027)
• Regional Spatial and Economic Strategy (s21 PDA) – 3 Regional Assemblies (North & Western, Eastern & Midlands, Southern) – consultation with all PAs within each region

Legislative framework: DP Process

• Part II, ss 9-19 PDA sets down the planning authority's obligation to create a development plan, including the process and implications.
• The Development Plan outlines the planning authority's development objectives for the area
• Strict procedural rules, including transparency, public participation, consultation, and accountability, must be followed during the development plan's creation. These procedures are subject to judicial review.
• McGarry v. Sligo Co. Co. (1991) clarified that a Development Plan is an environmental contract between the local authority and the public.

Obligation to make Dev Plan

• Every planning authority (PA) must create a development plan every 6 years (PDA s. 9(1)), potentially changing to 10 years (Draft Planning and Development Act 2022)
• The plan is to be linked to the 'whole functional area' of the PA (s. 9(2) PDA). PAs can create a development plan for one or more adjoining areas with Minister approval (s. 9(3) PDA)
• Local area plans are expected to adhere to the existing development plan.

Development Plan

• Mechanism for PAs to enforce environmental protection, proper planning, and sustainable development (O'Mahony Developments Ltd v An Bord Pleanála [2015] IEHC 757).
• Typically includes policies and objectives outlined in legislation and applicable planning policies (Christian v Dublin City Council (No 1) [2012]IEHC).
• Implementation measures, such as restrictions on building height and plot size, or green space requirements, frequently feature in a Development Plan.

Coherence and Consistency

• Dev Plan must outline an overall strategy for proper planning and sustainable development for the area(s.10 (1) PDA)
• The Development Plan must include a written statement of development objectives (s. 10(1) PDA).
• The written statement must demonstrate consistency with the National Planning Framework (NPF) and the Regional Spatial and Economic Strategy (s10(1)(A) and s10(2) (A)).
• The written statement must demonstrate consistency with the environmental conservation and protection (s10(1D)).

Development Objectives

• All planning objectives must be incorporated into the plan ("environmental contract" between the PA and community).
• Objectives (positive) must be clearly laid out (McGarry v Sligo Co Co [1991]; Keogh v Galway Corporation [1995]; Roughan v Clare Co Co [1996]; Glencar v Mayo Co Co [1993] - Glencar case questioned 2002)
• Legal duty to fulfil stated development objectives (PDA s. 15) - accountabilities after 2 years.

Dev Plan and environmental Assessment

• The Strategic Environmental Assessment Directive (Dir 2001/42/EC) requires PAs to consider the environmental impacts of any Development Plan.
• Ireland transposed these requirements into its planning regulations (P&D (Strategic Impact Assessment) Regs 2004).

Dev Plan and Planning Permission

• A Development Plan provides a framework for analyzing future development applications and determining if they comply with existing plans.
• Browne v. Cashel UDC (HC 1993) reinforces that development may not contravene a Development Plan (s. 178 PDA)
• To prevent material contraventions of the development plan, specific procedures should be followed (s. 34(2)(a) PDA)

Integration - Coherence - Consistency

• Must show coherence with NPF and government policy (ss. 10(1A) and (2A) PDA).
• Environmental protection considerations should be included in a separate written part of the plan showing the development's alignment with environmental and conservation objectives (s10(1D)).
• The Office of Planning Regulator (OPR) ensures consistency with regional and national guidelines (s31PDA).

'Mandatory Objectives' of Development Plan

• Specific zoning for different land uses/Designated infrastructure - for Waste Management, conservation, management of landscapes, and environmental concerns (Habitats Dir) and surface and ground water
• Includes development & renewal of regeneration areas, provision of accommodation/facilities for travelers, and recreational areas
• Protecting linguistic and cultural heritage in Gaeltacht areas, public rights of way, and compliance with government policy

Other Mandatory Objectives

• Planning schemes connected to Waste Management Plans and Local Authority Housing Strategies

Discretionary Objectives

• Objectives covering planning areas' location and structure, community facilities, environment, amenities, and infrastructure.
• Discretion is subject to legal constraints and may require actions towards realizing stated objectives (Roughan v Clare Co Co [1996] HC).

Procedure for Making Development Plan

• Public participation, transparency, and democracy are essential for developing Development Plans (Blessington Heritage Trust v Wicklow Co Co [1999]; Byrne v Fingal Co Co [2002]; Grange Developments v Dublin Co Co [1989]).
• Establishing a detailed process including timeframes, notice requirements, public meetings, submissions, and consultation periods (PDA s.11).

Procedure for Making Development Plan (Cont.)

• The manager drafts a report within 22 weeks of the notice being published (Sandyford Environ Planning & Road Safety Group v Dun Laoghaire Co Co [2004]; Ní h-Eili v EPA (SC 1999));
• Elected members consider the report and may amend it.
• A shorter timeline for amendments applies (Keogh v Galway Corporation [1995]

Variation (s. 13)

• The procedures for amending a Development Plan (Sandyford Environ Planning & Road Safety Group v Dun Laoghaire Co Co [2004]), which must be clearly justified, are determined by law.
• The consultation method and reasons for any modifications are mandated by law (s. 13 (2) (b)).
• Any variations should adhere to SEA requirements for environmental assessments.

Significance of Development Plan re Planning Decisions

• A Development Plan is not a guarantee of any specific development happening; the plan itself does not grant permission (O'Mahony v ABP [2005]).
• Development Plans must be intelligible to the public (Finn v Bray UDC [1969]). Courts will consider only factors stated in the development plan, and not supplementary information.

Planning and Development Bill 2023

• This bill outlines the new structure of planning policy in Ireland, encompassing six chapters.
• The new planning system includes new definitions, development of national planning statements (NPS), and the preparation and review of development plans.

Proposed New Integrated Planning Hierarchy

• This illustrates the new hierarchy for planning in Ireland, emphasizing the consistent application of national and regional planning policies.

National Planning Statements

• These statements are mandatory and must be integrated into all other plans, maintaining consistency with national policy.

Development Plans - Chapter 5 P&D Bill

• Establishes obligations(s) and procedures for developing, making, and altering plans.
• Includes provisions for ensuring harmony with national and regional plans.
• Authorizes expedited amendment processes and allows for Ministerial directives in complex situations.

Development Plans - Overview

• The recent emphasis on the development of strategic, long-term plans for 6-10 years is highlighted.
• The development plan content is more detailed, specifying strategic objectives and strategies for various regional developments.
• The role of the Office of Planning Regulator (OPR) is enhanced, with streamlined procedures.

Obligation to make and Review Development Plan – s. 42

• The new law mandates that authorities make, review, and update their Development Plans on a regular basis (every 10 years).
• Exceptions to this cycle include situations requiring extensions of up to two years, based on extraordinary circumstances.

Development Plans (s.42) - PA must

• Ensures proper and relevant strategic development plans align with existing national policies.
• Includes considerations of likely effects from implementation and water resources, and adherence to marine planning, if applicable.

Development Plan - If it departs from National Planning Policy

• If a Development Plan deviates from the National Planning Policy Guidance, a written statement of reasons is mandatory.

Content of Development Plan - s.43

• Must include an integrated overarching strategy for the area's planning and sustainable growth, supplemented by maps or diagrams to ensure clarity.
• The overarching strategy should address both city-specific and related settlement objectives in all instances.

Content of Development Plan - cont

• Contains legally enforced, thematic strategies (6) consistent with the legal requirements
• Objectives are linked to planning matters for each settlement, relevant to specific contexts. The record of protected structures should be mentioned.

Early consultation with OPR - s.53

• Before formulating a draft, PAs must consult the OPR for 3 months to identify issues for inclusion in the overall development plan strategy.
• The OPR assesses the adequacy of the plan's alignment with national policy and relevant local regulations and provides constructive feedback.
• The OPR may offer an opinion on the overall strategy and the key issues presented in the development plan, while providing the necessary context and strategic recommendations

Notice of Intention to Review and Preparation of Draft DP – s.54

• Processes outlined for the review and preparation of draft development plans, including notice periods and procedures for receiving and considering public input.

Publication of submissions - Report - Resolution... s54 cont..

• Procedure dictates a timeline for handling public submissions and preparing a draft Development Plan for submission to relevant governing bodies.

Making Development Plan - S. 55

• Procedures closely follow those set out in the 2000 PDA, including notice requirements and submission deadlines.
• Specific details for planning areas are addressed, including where protected structures are concerned. The procedures for submitting, considering, acting on submissions relating directly to those areas, are addressed.

Interim report on implementation of DP - s. 56

• The planning authority is required to monitor the implementation of the Development Plan, producing an interim report within the set timeframe (4 years from the creation or amendment of the plan).
• This report should include recommendations for elected members to consider the plan's alignment with relevant national policies.

Variation of DP – s58

• Processes for modifying a Development Plan with legal requirements, constraints, and the criteria to initiate changes to existing plans.
• Including specific considerations concerning regional or sub-regional authorities' permissions.

Consequences - new or amended National Planning Statements (NPS) - s61

• The process for handling inconsistencies with National Planning Statements is detailed, and consequences for non-compliance and procedural errors are outlined.

Assessment of DP and Variation by OPR and recommendation to Minister – s63

• Procedure for the OPR to assess the consistency of a DP with national plans, including procedures and timelines.
• The role and responsibilities of the Minister in making decisions about development plan variations are highlighted.

Issuance of draft direction by OPR - s64

• Procedure for the OPR to issue a draft direction regarding the amendment of a development plan, including provisions specific to protected structures.
• This section addresses the mechanisms by which the direction may cause the suspension of provisions of the plan pending a government-level review, and the responsibilities of PAs.

Power of Minister to issue direction – s65

• Details regarding the circumstances under which the Minister has the authority to issue directions that affect the development plan and how to implement those directions.

Significance of DP - re permission to develop

• Details regarding a Planning Authority (PA) undertaking development projects and their obligations.
• The responsibilities of the PA concerning Development Plans and permissions to develop are clarified.

Test your knowledge on the Planning and Development Act 2000 and the processes involved in preparing and reviewing a development plan. This quiz covers key requirements, documentation, and consultation purposes related to development planning. Perfect for students and professionals in urban planning and related fields.