Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

(9) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (8), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 38.

(10) (a) Where it is determined under paragraph (a) of subsection (4) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (8), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue.

(b) Where it is determined under paragraph (b) of subsection (4) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (8), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue.

(11) A recommendation to the Minister under subsection (8) shall be accompanied by a report of the Office of the Planning Regulator setting out—

(a) a copy of the draft direction issued under subsection (1),

(b) a summary of any written submissions received from the director and members of the regional assembly in relation to the draft direction,

(c) a summary of any written submissions received from any other person in relation to the draft direction (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c),

(e) the reasons for the recommendation of the Office of the Planning Regulator,

(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 40 in an amended form, a copy of the proposed amended draft direction, and

(g) where required, the strategic environmental assessment or appropriate assessment, or both, as the case may be, carried out by the Office of the Planning Regulator under subsection (10) in relation to the direction which it is recommending that the Minister issue.

(12) A copy of the recommendation and report sent to the Minister under subsections (8) and (11), and any submissions made in relation to the draft direction, shall be—

(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and

(b) sent to the regional assembly concerned.

(13) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

40. Power of Minister to issue direction

40. (1) The Minister may, subject to this section, issue a direction to a regional assembly requiring—

(a) a regional spatial and economic strategy to be amended in the manner specified in the direction, and

(b) the regional assembly to implement the amendment referred to in paragraph (a) and publish the regional spatial and economic strategy as so amended.

(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 39 and made a recommendation under subsection (8) of that section.

(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met.

(4) Within 8 weeks of receipt of the recommendation and report of the Office of the Planning Regulator in accordance with subsections (8) and (11) of section 39, the Minister shall—

(a) consider the recommendation and report,

(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 39,

(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and

(d) where the decision is to issue a direction under subsection (1)—

(i) identify in the stated reasons provided under paragraph (c) which of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 the Minister considers to be met, and

(ii) issue the direction in accordance with subsection (5).

(5) The Minister may issue the direction under subsection (1) to the regional assembly—

(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (8) of section 39,

(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or

(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate.

(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site.

(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (11) of section 39 and may adopt such assessment or make his or her own assessment and determination in respect of the direction.

(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on the environment, and

(b) conduct a screening assessment in accordance with Part 6 to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on any European site.

(9) (a) Where it is determined under paragraph (a) of subsection (8) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report and proceed to conduct an assessment in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (8) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report and proceed to conduct an assessment in accordance with Part 6.

(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister.

(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (8) of section 39, not to issue a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 38.

(11) A copy of a direction issued under subsection (1), together with a statement of reasons for making the direction, shall, within 5 working days beginning on the date on which the direction is issued—

(a) be provided to the regional assembly concerned and the Office of the Planning Regulator,

(b) be provided to all planning authorities within the region of the regional assembly concerned,

(d) be published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and

(e) be laid before each House of the Oireachtas by the Minister.

(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the regional assembly concerned shall each publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the regional assembly.

(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall—

(a) provide a statement of reasons for deciding not to issue a direction to the regional assembly concerned and the Office of the Planning Regulator,

(b) give notice to the Commission of the decision not to issue a direction,

(d) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(14) Where the Minister issues a direction under subsection (1), the regional assembly shall, within 10 working days, comply with that direction and the director of the regional assembly or the members of the regional assembly shall not exercise any function conferred on them by or under this Act in a manner that contravenes the direction.

(15) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the regional spatial and economic strategy, pending the implementation and publication by the regional assembly, in accordance with the direction, of the regional spatial and economic strategy as amended by that direction.

(16) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts (S.I. No. 15 of 1986) and Part 9, the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, this shall not warrant the quashing of the direction where—

(a) the Minister was also of the opinion that one or more of the other criteria in paragraphs (a) to (d) of subsection (8) of section 38 is met, and

(b) the Court finds that the Minister was entitled to form such an opinion.

(17) Where two or more regional assemblies jointly make a regional spatial and economic strategy for the combined regions of those regional assemblies or part of the combined regions, or a revision of such a strategy, a reference in sections 38 and 39 and this section to the regional assembly shall be construed as referring to each such regional assembly.

(18) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

41. Continuation in force of pre-commencement regional spatial and economic strategies

41. (1) Notwithstanding the repeal of section 21 of the Act of 2000 effected by section 6, any regional spatial and economic strategy made under that section that was in force in respect of the region of a regional assembly immediately before such repeal shall, subject to subsection (3) and sections 36 and 37, continue in force on and after that repeal—

(a) for the remainder of the period stated in the strategy for which it is to remain in force, or

(b) until a new regional spatial and economic strategy has been made under this Chapter in respect of the region to which the strategy relates,

whichever is the shorter period.

F5[(2) A regional spatial and economic strategy that continues in force by virtue ofsubsection (1)shall have effect as if it were a regional spatial and economic strategy made under thisChapterand, accordingly, references in this Act to a regional spatial and economic strategy shall be construed as including references to a regional spatial and economic strategy that so continues in force.]

(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part and subject to subsection (4) of section 40, vary for such period as he or she considers appropriate, the period for which a regional spatial and economic strategy continued in force under subsection (1) is to remain in force.

(4) Prior to making an order under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Regulations) and the Habitats Directive (and Part 6).

(5) Where a provision of a regional spatial and economic strategy continued in force under subsection (1) conflicts with a provision of the National Planning Framework for the time being in force, the latter shall take precedence.

Chapter 5

42. Obligations to make and review development plan

42. (1) Subject to paragraph (b) of subsection (5), a planning authority shall make a development plan for its functional area every 10 years.

(2) Not later than 8 years after the making of each development plan for the functional area of a planning authority, the planning authority shall commence a review of the development plan in accordance with sections 53 and 54, with a view to making a new development plan in accordance with section 55.

(3) The review of a development plan and preparation of a new development plan shall be strategic in nature for the purposes of enabling a planning authority to develop—

(a) an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates,

(b) policies and objectives that are necessary for the purposes of such a strategy,

(d) any settlement-specific objectives that the planning authority is required to prepare under section 52.

(4) A development plan shall relate to the whole functional area of the planning authority.

(5) (a) Subject to paragraph (b), a development plan shall have effect for a period of 10 years beginning on the date on which it comes into effect under subsection (17) of section 55.

(b) Where the Minister, at the request of the chief executive of a planning authority, certifies in writing that exceptional circumstances exist warranting the extension of the period referred to in paragraph (a), the Minister may extend that period by such further period of no more than 2 years as may be specified by the Minister.

(6) Any assessment carried out in relation to a development plan for the purposes of complying with the requirements of Article 6(3) of the Habitats Directive or the Strategic Environmental Assessment Directive shall take account of the fact that the development plan may, by virtue of paragraph (b) of subsection (5), have effect for a period of 12 years.

(7) (a) In making or varying a development plan, a planning authority shall have regard to the development plans of adjoining planning authorities and shall, insofar as is practicable, coordinate the objectives in the development plan with the objectives in the plans of those authorities.

(b) The Minister may require two or more planning authorities to coordinate the development plans for their functional areas generally or in respect of specified matters and in a manner specified by the Minister.

(d) Any dispute between the planning authorities in question arising out of the requirement under paragraph (b) shall be determined by the Minister.

(e) Where a planning authority fails to comply with a requirement made of it under paragraph (b), the Minister may apply to the High Court for an order directing the planning authority to comply with the requirement.

(8) In reviewing a development plan in accordance with sections 53 and 54 and making a development plan under section 55 or a variation to a development plan under section 58, a planning authority shall—

(a) ensure the proper planning and sustainable development of the area to which the development plan relates,

(b) ensure that the development plan is materially consistent with—

(i) the National Planning Framework,

(ii) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the planning authority’s functional area is located, and

(iv) any relevant National Planning Policies and Measures,

(i) any relevant National Planning Policy Guidance,

(ii) matters relevant to the preparation and making of a development plan under this Act,

(iii) any likely significant effects the implementation of the plan may have on the functional area of any adjoining planning authority,

(iv) any relevant transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority, and

(v) the protection of water sources,

and

(d) in the case of a coastal planning authority, have regard to the marine planning policy statement prepared and published under section 6 of the Act of 2021.

43. Content of development plan

43. (1) A development plan shall set out—

(a) an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates,

(b) the strategies and statements prepared under sections 44 to 51,

(c) objectives for the promotion, management and protection of areas, uses and structures that are relevant to the implementation of the strategies referred to in paragraph (b),

(d) any settlement-specific objectives that the planning authority is required to prepare under section 52, and

(e) a record of protected structures within the functional area of the planning authority, in accordance with subsection (3) of section 306.

(2) The integrated overall strategy for the proper planning and sustainable development of the area referred to in paragraph (a) of subsection (1) shall be set out in a written statement, with such accompanying maps or other diagrammatic or visual representations as the planning authority consider appropriate.

(3) The written statement referred to in subsection (2) shall form a clearly identifiable part of the development plan and shall include—

(a) a statement explaining how the following matters have been or, as appropriate, are being implemented in the development plan:

(i) national and regional development objectives, including in relation to population and housing, set out in the National Planning Framework and the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated;

(ii) any national planning policy contained in National Planning Policies and Measures which is relevant and applies to the functional area to which the development plan relates,

(b) except where the functional area to which the development plan relates consists solely of a city, a settlement hierarchy,

(c) where the functional area to which the development plan relates consists of or includes a city, a settlement strategy for the city,

(d) a statement demonstrating the manner in which the plan coordinates land-use with existing and planned investment in necessary public infrastructure and services for the period to which the plan relates,

(e) a statement demonstrating the manner in which the plan provides a coherent and integrated framework for the implementation of the strategies and statements referred to in paragraph (b) of subsection (1),

(f) a statement demonstrating the manner in which the plan is coordinated with the integrated overall strategy of the development plan of any adjoining planning authority and any matters specified by the Minister under paragraph (b) of subsection (7) of section 42,

(g) a statement demonstrating the manner in which the plan takes due account of any relevant transport strategy published by the National Transport Authority, and

(h) a statement demonstrating the manner in which the plan incorporates objectives to conserve and protect the environment of the area to which the development plan relates and supports the implementation of—

(i) the most recent climate action plan approved by the Government under section 4(9) of the Climate Action and Low Carbon Development Act 2015 and the national adaptation framework, long-term climate action strategy and any sectoral adaptation plans prepared under that Act,

(ii) the strategy relating to climate change adaptation and mitigation contained in the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(iii) the local authority’s climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority for the area to which the development plan relates.

(4) For the purposes of paragraph (b) of subsection (3), a settlement hierarchy is a ranking of settlements in the functional area of the planning authority taking account of their role and functions, having regard to—

(a) any relevant designations in the National Planning Framework and the regional spatial and economic strategy,

(b) the existing and planned population of each settlement,

(d) existing and planned investment in the capacity of transport (including public transport), community facilities, water services, and utility infrastructure, and

(e) the potential for economic and social development of each settlement.

(5) For the purposes of paragraph (c) of subsection (3), a settlement strategy is a strategy allocating planned development to areas of the city concerned taking account of—

(a) the existing and planned population of the city,

(b) the location and extent of the city centre,

(d) existing and planned investment in the capacity of transport (including public transport), community facilities, water services, and utility infrastructure, and

(e) the potential for economic and social development of the city.

(6) The written statement referred to in subsection (2) shall include objectives for the zoning of land for a particular use or mixture of uses and shall incorporate an accompanying map which illustrates the zoning objectives applicable to all land in the functional area of the planning authority.

(7) The written statement referred to in subsection (2) shall include confirmation of compliance by the planning authority with the requirements of subsection (8) of section 42.

(8) Where a development plan as made or varied departs from any relevant guidance contained in National Planning Policy Guidance, the written statement referred to in subsection (2) shall include a statement of the reasons why, in the opinion of the planning authority—

(a) the departure is not detrimental to the proper planning and sustainable development of the area, and

(b) the departure is justified having regard to the proper planning and sustainable development of the area.

(9) The planning authority shall ensure that the strategies and statements referred to in paragraph (b) of subsection (1) are coordinated and consistent with one another and with the integrated overall strategy for the proper planning and sustainable development of the area and shall ensure that the development plan overall is internally consistent and coherent.

(10) There shall be no presumption in law that any land zoned in a development plan for a particular use or mixture of uses shall remain so zoned in any subsequent development plan.

44. Obligation to prepare strategy for sustainable development and regeneration

44. (1) A planning authority shall prepare a strategy for the sustainable development and regeneration of the functional area of the planning authority.

(2) The strategy referred to in subsection (1) shall set out objectives relating to:

(a) the prioritisation of and measures to facilitate compact urban development, including the development and renewal of lands or sites within existing developed urban areas which are derelict, redundant or otherwise underutilised and have the capacity to accommodate development relative to the scale of the settlement;

(b) the provision, or facilitation of the provision, of sustainable integrated transport, public transport and road traffic systems (including appropriate parking provision), pedestrian and cycling infrastructure, air and sea transport, and the promotion of the development of local transport plans;

(c) the provision, or facilitation of the provision, of infrastructure including water supplies, waste water services, waste recovery and disposal facilities, energy generation infrastructure and facilities, including for the generation of renewable energy, communication facilities, and any ancillary facilities or services;

(d) the regulation of development, including the setting of appropriate development management policies and standards, for the purposes of promoting sustainable use of land, sustainable rural development, preserving the character of an area, and avoiding, reducing or mitigating significant adverse effects on the environment and residential amenity;

(e) such other matters as may be prescribed.

45. Obligation to prepare strategy relating to economic development

45. (1) A planning authority shall prepare a strategy for the appropriate economic development of the functional area of the planning authority, having regard to the proper planning and sustainable development of the area.

(2) The strategy referred to in subsection (1) shall set out objectives relating to:

(a) the promotion of sustainable economic development, employment generation and retail provision;

(b) the location of employment-related, industrial and commercial development, having regard to—

(i) economic and employment trends, and

(ii) the promotion of sustainable transport;

(d) the location of retail development, having regard to sustainable transport and the vibrancy of town centres;

(e) identifying the attributes of particular places within the functional area that are essential to enhancing economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities;

(f) such other matters as may be prescribed.

46. Obligation to prepare housing development strategy

46. (1) A planning authority, other than one to which subsection (1) of section 47 applies, shall prepare a housing development strategy for its functional area which—

(a) distributes planned population and housing growth within the area,

(b) identifies the spatial capacity of urban and rural locations to accommodate planned population, and

(2) A housing development strategy prepared under subsection (1) shall be materially consistent with the housing strategy prepared under section 242.

(3) The housing development strategy shall include:

(a) population and housing growth targets in tabular form, consistent with the regional spatial and economic strategy, allocated over the period of the development plan to each of the following:

(i) each settlement with a population of 1,500 or more at the last census;

(ii) groups of settlements with a population of less than 1,500 at the last census;

(iii) the open countryside outside settlements identified in the settlement hierarchy;

(b) in relation to each settlement or group of settlements referred to in subparagraphs (i) and (ii) of paragraph (a), an estimation of the land that is required to be zoned for residential use or a mix of residential and other uses to accommodate the allocated population and housing growth targets and to ensure that sufficient and suitable land is zoned having regard to—

(i) the settlement hierarchy,

(ii) existing capacity, and planned investment in capacity, in transport (including, in particular, transport infrastructure), community facilities, water services, utility infrastructure and any other necessary public infrastructural facilities and services,

(iii) residential density or a range of densities appropriate to the settlement,

(iv) an estimation of the capacity of compact urban development sites to accommodate development for residential use or a mixture of residential and other uses over the period of the plan,

(v) an estimation of the capacity of any part of long-term strategic development sites to deliver housing units over the period of the plan, and

(vi) the number of housing units permitted under existing permissions but not yet built and the expected timeframe within which those units will be completed;

(c) an analysis of vacant and derelict land or sites within the area and an estimation of the number of housing units that could be activated from the land or sites;

(d) a strategy to activate vacant and derelict land or sites into housing units;

(e) a statement of measures to prioritise compact urban development sites for residential use or a mixture of residential and other uses;

(f) where subsection (6) applies in respect of a settlement, a statement specifying that an urban area plan is required in respect of the settlement concerned;

(g) where subsection (7) applies in respect of part of a settlement, a statement specifying that a priority area plan is required in respect of the part of the settlement concerned;

(h) objectives to secure the implementation of the housing strategy, in particular, any of the matters referred to in subsection (5) of section 242, including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing of the types referred to in paragraph (f) of subsection (5) and subsection (6) of section 242;

(i) objectives regarding the provision of accommodation for members of the traveller community and the use of particular areas for that purpose;

(j) objectives relating to the monitoring of the progress achieved in implementing the housing development strategy;

(k) objectives relating to such other matters as may be prescribed.

(4) The housing development strategy may—

(a) include specific objectives as referred to in paragraph (h) of subsection (3) in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under subsection (6) of section 242, different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in subsection (10) of section 242 not being exceeded, and

(b) indicate in respect of any particular area referred to in paragraph (a) that there is no requirement for housing referred to in subsection (6) of section 242 in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required in order to counteract undue segregation in housing between persons of different social backgrounds.

(5) Nothing in paragraphs (b) and (h) of subsection (3), subsection (4) or section 245 or 253 shall prevent any land zoned for residential use or a mix of residential and other uses being developed exclusively for housing of the types referred to in paragraph (a) or (b) of subsection (6) of section 242.

(6) This subsection applies in respect of a settlement where—

(a) the settlement is situated within the functional area of the planning authority,

(b) the settlement is a regional growth centre or key town, and

(c) in the opinion of the planning authority, the settlement is to be the subject of planned physical or population growth of such a scale as to require an integrated approach to the land-use and transportation planning for the entire urban area of the settlement.

(7) This subsection applies in respect of part of a settlement where the part concerned is situated within the functional area of the planning authority and—

(a) may be the subject of significant physical or population growth relative to the scale of the settlement in which the area is situated,

(b) is in need of physical, social or economic renewal, or

(c) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in the settlement-specific objectives of the development plan for the settlement in which the part is situated.

47. Obligation to prepare housing development strategy where planning authority’s functional area consists solely of city

47. (1) A planning authority whose functional area consists solely of a city shall prepare a housing development strategy which—

(a) distributes planned population and housing growth within the city,

(b) identifies the spatial capacity of different areas of the city to accommodate planned population, and

(2) A housing development strategy prepared under subsection (1) shall be materially consistent with the housing strategy prepared under section 242.

(3) The housing development strategy shall include:

(a) population and housing growth targets for the city for the period to which the development plan relates;

(b) the number of housing units permitted under existing permissions but not yet built and the expected timeframe within which those units will be completed;

(c) an analysis of vacant and derelict land or sites within the area and an estimation of the number of housing units that could be activated from the land or sites;

(d) a strategy to activate vacant and derelict land or sites into housing units;

(e) a statement, with accompanying tables and maps—

(i) which estimates the land required to be zoned for residential use or a mix of residential and other uses to ensure that sufficient and suitable land is zoned, and

(ii) which identifies land that is suitable for significant development for residential use or a mixture of residential and other uses over the period of the development plan, including in particular an estimate of the capacity of each of the following to accommodate development for residential use or a mixture of residential and other uses during the period to which the development plan relates and targets as to the amount of housing to be provided within each of the following during that period:

(I) any long-term strategic development sites;

(II) any area within the city designated for the preparation of a coordinated area plan, priority area plan or urban area plan;

(III) any compact urban development sites identified as suitable for development for residential use or a mixture of residential and other uses;

(IV) any greenfield site identified as suitable for development for residential use or a mixture of residential and other uses;

(f) identification of existing capacity, and planned investment in capacity, in transport (including, in particular, transport infrastructure), community facilities, water services, utility infrastructure and any other necessary public infrastructural facilities and services;

(g) where subsection (6) applies in respect of part of the city, a statement specifying that a priority area plan is required in respect of that part of the city;

(i) objectives regarding the provision of accommodation for members of the traveller community and the use of particular areas for that purpose;

(j) objectives relating to the monitoring of the implementation of the strategy;

(k) objectives relating to such other matters as may be prescribed.

(4) The housing development strategy may:

(5) Nothing in subparagraph (i) of paragraph (e) or paragraph (h) of subsection (3), subsection (4), or section 245 or 253 shall prevent any land zoned for residential use or a mix of residential and other uses being developed exclusively for housing of the types referred to in paragraph (a) or paragraph (b) of subsection (6) of section 242.

(6) This subsection applies in respect of part of the city where the part concerned is situated within the functional area of the planning authority and—

(a) may be the subject of significant physical or population growth relative to the scale of the expected physical or population growth of the city as a whole,

(b) is in need of physical, social or economic renewal, or

(c) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in settlement-specific objectives included in the development plan in accordance with subsection (2) of section 52 for the part of the city concerned.

(7) In this section, “greenfield site” means land that has not previously been built upon.

48. Obligation to prepare strategy relating to creation, improvement and preservation of sustainable places and communities

48. (1) A planning authority shall prepare a strategy for the creation, improvement and preservation of sustainable places and communities for the functional area of the planning authority.

(2) The strategy shall include objectives for:

(a) the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community, recreational and cultural requirements of the functional area, including the needs of children, the elderly and persons with disabilities;

(b) the protection of the linguistic and cultural heritage, including the protection of Irish as the community language, of any Gaeltacht in the functional area to which the development plan relates;

(c) the promotion of high standards (including high standards in public areas) of urban design, architecture and landscaping to enhance, improve and maintain the quality and character of urban and rural areas;

(d) the reservation of land for use and cultivation as allotments and prescribed community gardens and the regulation, promotion, facilitation or control of the provision of land for that use;

(e) such other matters as may be prescribed.

(3) In this section—

“allotment” means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by—

(a) a person who is a member of the local community and lives adjacent or near to that area of land, or

(b) more than one person, each of whom is a member of the local community and lives adjacent to or near to that area of land,

for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family;

“community garden” means an area of land that—

(a) is let or available for letting from a local authority to members of the local community for collective gardening purposes, and

(b) is used or intended for use—

(i) wholly or mainly for either or both of the following:

(I) the production of vegetables or fruit mainly for consumption by members of the local community;

(II) the propagation of plants for environmental or decorative purposes in the local community,

and

(ii) otherwise than for profit.

49. Obligation to prepare strategy relating to environment and climate change

49. (1) A planning authority shall prepare a strategy for the conservation, protection and improvement of the environment (including the facilitation of climate adaptation and mitigation) for the functional area of the planning authority.

(2) The strategy shall include objectives relating to:

(a) the facilitation of climate adaptation and mitigation as provided for in policies and measures of the Government and implementation of the local authority climate action plan made under section 14B of the Climate Action and Low Carbon Development Act 2015 by the local authority for the area to which the development plan relates in a manner consistent with—

(i) the strategy relating to climate change adaptation and mitigation in the regional spatial and economic strategy of the regional assembly for the region within whose area the functional area of the planning authority is situated, and

(ii) the climate action plan approved by the Government under section 4(9) of the Climate Action and Low Carbon Development Act 2015;

(b) the promotion of compliance with environmental standards in relation to water quality and status, having regard to the Water Framework Directive;

(c) the regulation, restriction and management of development on or under land in inland and coastal areas at risk of flooding and erosion;

(d) the reduction of the risk of serious danger to human health or the environment, including in areas at risk of erosion and other natural hazards, and the limitation and mitigation of the consequences and effects of natural hazards;

(e) the reduction of the risk of serious danger to human health or the environment arising from a major accident having regard to the Seveso III Directive, and the limitation and mitigation of the consequences and effects of major accidents;

(f) the control, regulation and, where appropriate, promotion of the exploitation of natural resources;

(g) such other matters as may be prescribed.

(3) A planning authority shall seek to ensure the coordination of the preparation of a strategy under subsection (1) with the preparation of a local authority climate action plan under section 14B of the Climate Action and Low Carbon Development Act 2015.

50. Obligation to prepare strategy for conservation, etc., of natural and built heritage

50. (1) A planning authority shall prepare a strategy for the conservation, protection, management and improvement of the natural, archaeological and built heritage and landscape in the functional area of the planning authority.

(2) The strategy shall include objectives for the conservation, protection, management and improvement of—

(a) European sites and the Natura 2000 network in accordance with the Habitats Directive and the Birds Directive (including objectives to encourage the management of the features of the landscape that are of major importance for wild flora and fauna in accordance with Article 10 of the Habitats Directive),

(b) biodiversity in accordance with the EU Biodiversity Strategy and the National Biodiversity Action Plan including in particular the protection of trees, groups of trees or other features of ecological significance,

(d) any—

(i) monuments or wrecks as defined by or designated under the National Monuments Acts 1930 to 2014, and

(ii) monuments, archaeological objects or historic objects as defined by, designated under or otherwise protected under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023,

(e) World Heritage Properties, having due regard to the reasons for the inscription of the property on the World Heritage List under Article 11 of the World Heritage Convention,

(f) World Heritage candidate sites,

(g) archaeological sites,

(h) any architectural conservation area,

(i) any structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,

(j) places, caves, sites, features and other objects of archaeological, geological, historical, scientific or ecological interest,

(k) landscapes, views and prospects in a manner consistent with the strategy referred to in paragraph (m) of subsection (1) of section 29 and having due regard to any framework of any Minister or the Government for the management and planning of landscapes developed having regard to the European Landscape Convention done at Florence on 20 October 2000,

(l) places and features of natural beauty or interest, and

(m) such other land, or such other things relating to the natural, archaeological or built heritage, as may be prescribed.

(3) In this section—

“EU Biodiversity Strategy” means the EU Biodiversity Strategy for 2030 and associated action plan (Annex) or any document published by the European Commission which amends or replaces that strategy or associated plan;

“World Heritage candidate site” means a property included in the most recent inventory submitted on behalf of the State to the World Heritage Committee in accordance with Article 11 of the World Heritage Convention;

“World Heritage Convention” means the Convention Concerning the Protection of the World Cultural and Natural Heritage done in Paris on 23 November 1972;

“World Heritage Property” means a property included in the World Heritage List under Article 11 of the World Heritage Convention and which is situated in the State.

51. Obligation to prepare objectives for management of areas, uses and structures

51. (1) A planning authority shall prepare a statement containing objectives for the control of areas, uses of land and structures in its functional area (referred to in this section as a “development management statement”).

(2) A development management statement may include objectives for any of the following:

(a) regulating and controlling the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures;

(b) regulating and controlling the design, colour and materials of structures and groups of structures, including in particular streets and townscapes, and structures and groups of structures in rural areas;

(d) regulating and controlling, either generally or in particular areas and in a manner that is materially consistent with relevant National Planning Policies and Measures, any of the following matters:

(i) the size, height, floor area and character of structures;

(ii) building lines, coverage, residential amenity space and other structures;

(iii) the extent of parking places required in, on or under structures of a particular class or size, or services or facilities for the parking, loading, unloading or fueling of vehicles;

(iv) the objects which may be affixed to structures;

(v) the purposes for and the manner in which structures may be used or occupied, including, in the case of a house, letting in separate units;

(e) regulating and controlling the disposition or layout of land and structures or structures of a particular type, including the reservation of sufficient open space in relation to the number, type and character of structures in any particular development proposal, road layout, landscaping and planting;

(f) regulating, restricting, controlling or promoting the use of any land or structure for a particular purpose, whether temporarily or permanently;

(g) preserving a specific public right of way, including a public right of way which gives access to any seashore, mountain, lakeshore, riverbank, monument or other place of natural beauty or recreational utility;

(h) improvement of any area to which a special amenity area order relates.

(3) An objective included in a development management statement may relate to the whole of or any part of the functional area or to a particular structure within the functional area.

(4) Nothing in this section shall affect the existence or validity of any public right of way.

(5) An objective included in a development plan under this section shall not be construed as affecting the power of a local authority to extinguish a public right of way under section 73 of the Roads Act 1993.

52. Settlement-specific objectives

52. (1) A planning authority shall prepare a statement containing—

(a) objectives of the types specified in subsection (3) (in this Part referred to as “settlement-specific objectives”), in respect of—

(i) all settlements with a population of 1,500 or more at the last census, other than a city,

(ii) settlements with a population of less than 1,500 at the last census, where the planning authority considers that the settlement concerned has the capacity to accommodate significant growth relative to the scale of the settlement,

(iii) any Gaeltacht to which subsection (8) applies, and

(iv) any inhabited offshore island to which subsection (8) applies,

(b) a summary of the role and function of each settlement for which settlement- specific objectives are provided under this section, consistent with the settlement hierarchy or the settlement strategy, as the case may be, and

(i) the boundaries of each settlement to which the settlement-specific objectives relate,

(ii) the zoning objectives applicable to the functional area as set out in the integrated overall strategy of the development plan in accordance with subsection (6) of section 43,

(iii) any area which has been designated as an area in respect of which a priority area plan is required to be prepared,

(iv) any area which has been designated in a regional spatial and economic strategy as an area in respect of which a coordinated area plan is required to be prepared,

(v) the core retail area of any town centre,

(vi) any area that is the subject of an objective under subsection (4) or (5),

(vii) the indicative location or alignment of planned elements of physical infrastructure, including road infrastructure, rail infrastructure, pedestrian and cycling infrastructure, and air and sea transport infrastructure,

(viii) the location of elements of the natural and built heritage identified at paragraph (a) to paragraph (m) of subsection (2) of section 50, and

(ix) any European site.

(2) Where the functional area of a planning authority consists of or includes a city, the planning authority shall prepare settlement-specific objectives for—

(a) any part of the city in respect of which a priority area plan is required to be prepared, and

(b) any other part of the city containing lands that the planning authority considers—

(i) to be suitable for significant growth and regeneration, and

(ii) would benefit from being the subject of specific objectives,

and references in this section to a settlement shall, in such cases, be construed as references to the part of the city concerned.

(3) The settlement-specific objectives are—

(a) objectives for implementing in the settlement concerned the matters referred to in paragraphs (a) and (b) of subsection (1) of section 43,

(b) sustainable placemaking objectives relevant to the protection, renewal and growth of the settlement concerned, having regard to the physical, socio-economic, cultural and environmental context of the settlement, and

(4) Where paragraph (a) of subsection (2) applies, the settlement-specific objectives may also include any of the following for the purpose of guiding the preparation of the priority area plan:

(a) objectives of the type specified in section 51 which shall be applicable to a particular site or particular land within the overall area to be the subject of a priority area plan;

(b) a specification, in a manner that is materially consistent with relevant National Planning Policies and Measures, of a range of densities and building heights within the site or land referred to in paragraph (a);

(c) details of the estimated capacity of the overall area to be the subject of the priority area plan to accommodate development, having regard to the range of densities and building heights specified under paragraph (b).

(5) Where paragraph (b) of subsection (2) applies, the settlement-specific objectives shall also include the following:

(a) objectives of the type specified in section 51 which shall be applicable to a particular site or particular land within the part of the city concerned;

(c) details of the estimated capacity of that site or land to accommodate development, having regard to the range of densities and building heights specified under paragraph (b).

(6) A statement prepared in accordance with subsection (1) may, subject to subsection (7), set out reasons for which permission for a proposed development may be refused on the ground that a grant of permission would be premature pending the making of an urban area plan, priority area plan or coordinated area plan for an area which includes the site of the proposed development.

(7) The reasons which may be set out under subsection (6) shall be limited to—

(a) the need to prescribe in a plan referred to in subsection (6) a layout for infrastructure serving the site or area concerned prior to the grant of permission for proposed development,

(b) the need to designate in such a plan parts of the site or area concerned as being appropriate to accommodate necessary infrastructural, community and amenity facilities or uses prior to the grant of permission for proposed development, or

(c) the need to set out in such a plan, prior to the grant of permission, the sequence or phases in which the site or area concerned should be developed, having regard to the timing of the provision of infrastructure and community and amenity facilities or uses necessary for the development of sustainable communities.

(8) This subsection applies in respect of a Gaeltacht or inhabited offshore island situated within the functional area of the planning authority that is—

(a) in need of physical, social or economic renewal, or

(b) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in settlement-specific objectives of the development plan in accordance with this section for the Gaeltacht or inhabited offshore island concerned.

53. Consultation with Office of Planning Regulator before preparation of draft development plan

53. (1) At least 3 months before commencing the review of a development plan referred to in subsection (2) of section 42, a planning authority shall consult the Office of the Planning Regulator on matters relevant to the preparation of an integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, taking due account of—

(a) the requirement that the plan be materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(iv) any relevant National Planning Policies and Measures,

(b) any relevant National Planning Policy Guidance,

(c) any relevant transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority, and

(d) the development plans of adjoining planning authorities.

(2) For the purposes of facilitating the consultation referred to in subsection (1), a planning authority shall prepare and furnish to the Office of the Planning Regulator a development plan review report which shall provide—

(a) details of relevant changes, since the making of the development plan, to—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(iv) National Planning Statements (including details of any new National Planning Statements issued since the making of the development plan),

(b) a summary of any variations made to the development plan since it came into effect,

(c) an overview of progress made in implementing the integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, and

(d) a preliminary identification of the key strategic issues arising in the context of the review of the existing development plan and the preparation and making of a new development plan.

(3) Following the consultation referred to in subsection (1), the Office of the Planning Regulator shall, after having regard to the matters referred to in paragraphs (a) to (d) of subsection (1), issue a document (referred to in this Part as the “Opinion on Development Plan Strategy”) identifying any matters relevant to the formulation of an integrated overall strategy for the proper planning and sustainable development of the functional area that require to be dealt with in the development plan.

(4) The Opinion on Development Plan Strategy shall be issued not later than 2 months after the commencement of the consultation under subsection (1).

(5) A planning authority shall take due account of an Opinion on Development Plan Strategy in the preparation and making of a development plan.

(6) On the basis of the Opinion on Development Plan Strategy, the planning authority shall prepare a document (referred to in this Part as a “Strategic Issues and Options Paper”) which—

(a) shall take due account of the matters referred to in paragraphs (a) to (d) of subsection (1),

(b) shall set out in general terms the matters that are to be dealt with in—

(i) the integrated overall strategy for the proper planning and development of the functional area, and

(ii) the strategies and statements prepared under sections 44 to 51, that are to be included in the development plan,

and

54. Notice of intention to review development plan and preparation of draft development plan

54. (1) The review of a development plan referred to in subsection (2) of section 42 shall be commenced by the publication by the planning authority for the functional area to which the development plan relates of notice of its intention to review the existing development plan and to make a new development plan.

(2) A notice under subsection (1) shall state—

(a) that the planning authority intends to review the existing development plan and to prepare a new development plan,

(b) that the planning authority intends to review the zoning objectives referred to in subsection (6) of section 43 applicable to the functional area to which the development plan relates for the purposes of developing an integrated overall strategy for the proper planning and sustainable development of that area and the policies and objectives for the delivery of such an integrated overall strategy and that requests or proposals for a particular zoning objective to be applied to particular land shall not be considered at this stage,

(c) that the Office of the Planning Regulator has provided an Opinion on Development Plan Strategy to guide the preparation of the new development plan,

(d) that the planning authority has prepared a Strategic Issues and Options Paper to inform and guide the making of submissions from members of the public in relation to the new development plan,

(e) the time during which and the place where—

(i) any background papers or draft proposals relating to the review of the existing plan and the preparation of the new development plan,

(ii) the Opinion on Development Plan Strategy, and

(iii) the Strategic Issues and Options Paper,

may be inspected,

(f) that submissions regarding the matters specified in the Strategic Issues and Options Paper may be made in writing to the planning authority within a period (which shall not be less than 8 weeks from the date of the notice under subsection (1)) specified in the notice,

(g) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (f), and

(h) that submissions from members of the public in relation to a proposed development plan must be strategic in nature and should be confined to commenting on the matters specified in the Strategic Issues and Options Paper.

(3) A planning authority shall give a copy of a notice under subsection (1) to—

(a) the Minister,

(b) the Office of the Planning Regulator,

(d) the Commission,

(e) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(f) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(g) any Local Community Development Committee within the functional area of the planning authority,

(h) any adjoining planning authority,

(i) the National Transport Authority, and

(j) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed.

(4) A notice under subsection (1) shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(5) (a) As soon as practicable after the publication of a notice under subsection (1), a planning authority shall take whatever additional measures it considers necessary to consult the general public and other interested persons.

(b) Without prejudice to the generality of paragraph (a), a planning authority—

(i) shall consult members of the public in such manner (which shall include the holding of a public meeting or an online public meeting) as it considers appropriate, and take such steps as it considers appropriate to elicit submissions in writing from members of the public, and

(ii) may invite oral submissions from members of the public on matters contained in the Strategic Issues and Options Paper.

(i) energy,

(ii) telecommunications,

(iii) water services,

(iv) transport,

(v) any other infrastructure,

(vi) education,

(vii) health,

(viii) policing, and

(ix) any other services,

in order to ascertain any long-term plans for the provision of infrastructure and services in the functional area of the planning authority.

(6) (a) Written submissions received by a planning authority pursuant to subsections (2) and (5) and a brief summary of any oral submissions received pursuant to subsection (5) shall, subject to paragraph (b), be published on a website maintained by or on behalf of the planning authority within 5 weeks from the date in each case of their receipt by that authority.

(b) Paragraph (a) does not apply—

(i) where the planning authority is of the opinion that the submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its publication,

(ii) where the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission concerned,

(iii) to the extent that the planning authority has sought and received, either before or after the period of 5 weeks referred to in paragraph (a), legal advice that part of the submission concerned should not be published on a website maintained by or on behalf of the planning authority or should cease to be so published, as the case may be, or

(iv) to the extent that the submission relates to such matters as may be prescribed.

(7) Where a notice under subsection (1) is received by the National Transport Authority, it shall—

(a) prepare and submit to the planning authority a report which shall set out—

(i) the matters which, in the opinion of the National Transport Authority, should be considered by the planning authority in the preparation of the new development plan,

(ii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy,

(iii) recommendations on the matters that require to be included in the new development plan to ensure the effective integration of transport and land- use planning, and

(iv) any recommendations on the matters that are required to be included in the new development plan so as to ensure that it takes due account of a relevant transport strategy of the National Transport Authority,

and

(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator and the Minister for Transport.

(8) Where a notice under subsection (1) is received by a regional assembly, it shall—

(a) prepare and submit to the planning authority a report which shall set out—

(i) the matters which, in the opinion of the regional assembly, should be considered by the planning authority in the preparation of the draft development plan, and

(ii) recommendations on the matters that are required to be included in the draft development plan to ensure that the draft development plan is materially consistent with the regional spatial and economic strategy of the region concerned,

and

(b) furnish a copy of the report submitted to the planning authority under paragraph (a) to the Office of the Planning Regulator.

(9) For the purposes of preparing a draft development plan, the planning authority shall disregard any part of a submission received by it that comprises a request or proposal that a particular zoning objective be applied to any particular land in the functional area to which the plan relates.

(10) (a) Not later than 16 weeks after the date of the notice under subsection (1), the chief executive of a planning authority shall prepare a report on any submissions received pursuant to subsection (2) or (5) and the matters arising out of any consultations held pursuant to subsection (5).

(b) A copy of the report prepared under paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following its preparation.

(i) list the persons who made submissions and any persons consulted by the authority,

(ii) summarise the submissions (excluding any submission that is to be disregarded under subsection (9)), and, for that purpose, may group the issues raised in different submissions by reference to the matters specified in the Strategic Issues and Options Paper,

(iii) give the opinion of the chief executive of the planning authority on the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area, and any relevant policies or objectives for the time being of the Government or of any Minister of the Government,

(iv) state the chief executive’s recommendations as to the policies to be included in the draft development plan,

(v) summarise the matters raised and the recommendations made by the National Transport Authority in a report submitted under subsection (7) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan, and

(vi) summarise the matters raised and recommendations made by the relevant regional assembly in a report submitted under subsection (8) and outline the recommendations of the chief executive in relation to the manner in which those matters and recommendations should be taken account of in the draft development plan.

(d) A report under paragraph (a) shall be submitted to the members of the planning authority, or to a committee of the planning authority, as may be decided by the members of the authority.

(e) Following consideration of a report submitted to them under paragraph (d), the members of the planning authority or of the committee, as the case may be, may, by resolution, issue a direction to the chief executive regarding the overall strategic approach to be adopted in the preparation of the integrated overall strategy and any of the strategies prepared under sections 44 to 50, but shall not issue more than one direction in respect of any particular strategy.

(f) Subject to paragraph (g), the chief executive of a planning authority shall comply with any such direction in the preparation of a draft development plan.

(g) The chief executive of the planning authority shall not be obliged to comply with any part of a direction made under paragraph (e) which relates to the zoning objective to be applied to any particular land in the functional area to which the plan relates.

(h) A direction under paragraph (e) shall be issued not later than 10 weeks after the date of the submission of a report under paragraph (d).

(11) (a) The chief executive of a planning authority shall, not later than 18 weeks after the date of issuing of any direction under paragraph (e) of subsection (10) or, where no direction is issued, not later than 18 weeks after the expiry of the period of 10 weeks referred to in paragraph (h) of subsection (10), prepare a draft development plan and submit it to the members of the planning authority.

(b) The members of a planning authority shall, as soon as may be, consider the draft development plan submitted by the chief executive in accordance with paragraph (a).

(c) Where a draft development plan has been considered in accordance with paragraph (b), it shall be deemed to be the draft development plan of the planning authority unless, within 8 weeks from the date of the submission of the draft development plan under paragraph (a), the planning authority, by resolution, amends that draft development plan.

(d) Where a draft development plan is amended as mentioned in paragraph (c), the draft development plan as submitted by the chief executive and as amended by resolution shall be the draft development plan of the planning authority.

(12) The preparation and making of a development plan shall be subject to the carrying out of a strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations.

(13) The preparation and making of a development plan shall be subject to Part 6 in relation to the carrying out of a screening for appropriate assessment and, if required, an appropriate assessment.

55. Making development plan

55. (1) Where a draft development plan has been prepared in accordance with section 54, the planning authority shall within 4 weeks of the period referred to in paragraph (c) of subsection (11) of section 54 or the adoption of a resolution in accordance with that last-mentioned section, as the case may be—

(a) send notice and a copy of the draft development plan to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údaras na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) any Local Community Development Committee within the functional area of the planning authority,

(viii) any adjoining planning authority,

(ix) the National Transport Authority,

(x) Uisce Éireann, and

(xi) such other bodies (including, where appropriate, a regional assembly of an adjoining region) as may be prescribed,

and

(b) publish notice of the preparation of the draft development plan on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(2) A notice under subsection (1) shall state that—

(a) a copy of—

(i) the draft development plan,

(ii) any screening determination made under Part 6,

(iii) the environmental report prepared in accordance with the Strategic Environmental Assessment Regulations,

(iv) any Natura impact report prepared in accordance with Part 6, and

(v) any other accompanying documentation that the planning authority considers appropriate,

may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified, and

(b) written submissions with respect to the draft plan, the environmental report and any Natura impact report, made to the planning authority within the period specified under paragraph (a) will be taken into consideration before the making of the development plan.

(3) (a) The Minister and the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as they consider appropriate.

(b) Without prejudice to the time period specified in paragraph (a) of subsection (6), the Office of the Planning Regulator may make written submissions under paragraph (b) of subsection (2), within a further period of 2 weeks following the period specified for the making of such submissions.

(4) (a) Where a draft development plan includes any provision relating to any addition to or deletion from the record of protected structures under subsection (1) of section 307 of—

(i) particular structures,

(ii) specific parts of particular structures, or

(iii) specific features within the attendant grounds of particular structures,

the planning authority shall—

(I) serve a notice on each person who is the owner or occupier of, and any person appearing to the authority to have an interest in, the proposed protected structure or the protected structure, as the case may be, of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment,

(II) send particulars of the proposed addition, deletion or amendment to the Minister and to any prescribed body, and

(III) cause notice of the proposed addition, deletion or amendment, including the particulars of the proposed addition, deletion or amendment, to be published in at least one newspaper circulating in its functional area.

(b) A notice under subparagraphs (I) and (III) under paragraph (a) shall state—

(i) that a copy of the proposed addition or deletion may be inspected at a specified place or places and at specified times during a specified period of not less than 8 weeks from the date of the notice,

(ii) that written submissions with respect to the proposed addition or deletion made to the planning authority within the period specified in subparagraph (i) will be taken into consideration before the making of the addition or deletion,

(iii) that, during the period specified in subparagraph (i), each owner or occupier of the proposed protected structure may request the planning authority, in the manner provided for in the notice, to define the curtilage of the proposed protected structure and features within the attendant grounds that are to be protected, if not already specified, and that such detail shall be included in the record of protected structures where such proposal is approved by the members of the planning authority,

(iv) whether or not the proposed addition or deletion was recommended by the Minister, and

(v) that, if the proposed addition or deletion was recommended by the Minister, the planning authority shall forward to the Minister for his or her observations a copy of any submission made under subparagraph (ii) (and any such observations of the Minister shall be taken into consideration accordingly).

(5) Written submissions received by a planning authority under subsection (2) or (4) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt.

(6) (a) Not later than 22 weeks after giving notice under subsection (1) and, if appropriate, subsection (4), the chief executive of a planning authority shall prepare a report on—

(i) any submissions received under subsection (2) or (4),

(ii) any recommendations received from the Minister or the Office of the Planning Regulator under paragraph (a) of subsection (3), and

(iii) any observations received from the Minister under subparagraph (v) of paragraph (b) of subsection (4),

and submit the report to the members of the authority for their consideration.

(b) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following submission to the members of the authority under that paragraph.

(i) list the persons who made submissions,

(ii) provide a summary of—

(I) any recommendations, submissions or observations made by the Minister,

(II) any recommendations and submissions made by the Office of the Planning Regulator, and

(III) any submissions made by any other persons in relation to the draft development plan in accordance with this section (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) give the response of the chief executive to the issues raised, taking account of—

(I) any direction of the members of the authority or the committee under paragraph (e) of subsection (10) of section 54,

(II) the proper planning and sustainable development of the area,

(III) the statutory obligations of any local authority in the area,

(IV) any relevant policies or objectives of the Government or of any Minister of the Government, and

(V) if appropriate, any observations made by the Minister under subparagraph (v) of paragraph (b) of subsection (4),

(iv) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in the development plan,

(v) summarise the matters raised in any submissions made by the National Transport Authority and outline the recommendations of the chief executive in relation to the manner in which those matters should be taken account of in the development plan,

(vi) summarise the matters raised in any submissions made by the regional assembly for the region within which the functional area to which the development plan relates is situated and outline the recommendations of the chief executive in relation to the manner in which those matters should be taken account of in the development plan, and

(vii) include the assessment of the chief executive of the draft development plan for the purposes of strategic environmental assessment and appropriate assessment, if required, taking into account the submissions received under this section.

(7) (a) The members of a planning authority shall consider the draft development plan and the report of the chief executive under subsection (6).

(b) The consideration of a draft development plan and the chief executive’s report under paragraph (a) shall be completed within 12 weeks of the submission of the chief executive’s report to the members of the planning authority.

(c) Where, following the consideration of the draft development plan and the chief executive’s report, it appears to the members of the planning authority that the draft should be accepted or amended, they may, subject to subsection (8), by resolution, accept or amend the draft and make the development plan accordingly.

(d) Where, in making the development plan under paragraph (c), the members of the authority do not comply with any recommendation made by the Minister or the Office of the Planning Regulator under this section, they shall so inform the Minister or the Office of the Planning Regulator, as the case may be, as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation or recommendations concerned.

(8) (a) Subject to paragraphs (b), (c), (d) and (e), in a case where the members of the planning authority amend the draft plan under paragraph (c) of subsection (7) and the amendment made constitutes a material alteration of the draft concerned, the development plan shall not be considered to have been made and the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (7), publish notice of the material alteration on a website maintained by or on behalf of the planning authority and in one or more newspaper circulating in the functional area of the planning authority and send notice and a copy of the material alteration to the persons specified in paragraph (a) of subsection (1).

(b) The planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft development plan.

(c) The planning authority shall determine, in accordance with Part 6, if an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft development plan.

(d) Where the planning authority determines under paragraph (b) or (c) that a strategic environmental assessment or an appropriate assessment, as the case may be, is required to be carried out in relation to the material alteration, it shall prepare an environmental report or Natura impact report, as the case may be, in relation to the material alteration and the period of 3 weeks referred to in paragraph (a) may be extended by such period as the chief executive specifies as being necessary for this purpose.

(e) Where applicable, a notice given under paragraph (a) shall include notice of the making of a determination that an assessment referred to in paragraph (b) or (c) is or is not required.

(f) The notice referred to in paragraph (a) shall—

(i) state that a copy of—

(I) the material alteration,

(II) the determinations made by the authority under paragraphs (b) and (c),

(III) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and

(IV) any Natura impact report prepared in accordance with Part 6,

may be inspected on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified,

(ii) state that written submissions with respect to the material alteration, environmental report or Natura impact report made to the planning authority within the period specified in subparagraph (i) shall be taken into account by the authority before the development plan is made, and

(iii) be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(9) (a) The Minister and the Office of the Planning Regulator may, in relation to a material alteration, make such recommendations as they consider appropriate.

(b) Without prejudice to the time period specified in paragraph (a) of subsection (12), the Office of the Planning Regulator may make written submissions under subparagraph (ii) of paragraph (f) of subsection (8), within a further period of 1 week following the period specified for the making of such submissions.

(10) Written submissions received by a planning authority under subsection (8) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt by the authority.

(11) Where it has been determined under paragraph (b) or (c) of subsection (8) that a strategic environmental assessment or an appropriate assessment is required, the chief executive of the planning authority shall—

(a) before preparing a report in accordance with subsection (12) and taking account of the submissions received, carry out the assessment concerned of the material alteration of the draft development plan, and

(b) include that assessment in the report.

(12) (a) Not later than 8 weeks after giving notice under subsection (8), the chief executive of a planning authority shall prepare a report on any submissions received on foot of the publication of the notice and submit the report to the members of the authority for their consideration.

(b) A report prepared under paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable following its submission to the members of the authority under that paragraph.

(i) list the persons who made submissions in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration,

(ii) provide a summary of—

(I) the recommendations and submissions made by the Minister in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration,

(II) the recommendations and submissions made by the Office of the Planning Regulator in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration, and

(III) the submissions made by any other persons in relation to the material alteration and any strategic environmental assessment or appropriate assessment of the alteration (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in relation to the material alteration,

(iv) give the response of the chief executive to the matters raised in the submissions and the recommendations of the chief executive in relation to the material alteration, and

(v) include any assessment carried out by the chief executive in accordance with subsection (11).

(13) (a) The members of a planning authority shall consider the material alteration and the report of the chief executive under subsection (12).

(b) The consideration of the material alteration and the chief executive’s report under paragraph (a) shall be completed not later than 6 weeks after the submission of the chief executive’s report to the members of the authority.

(14) (a) Subject to paragraphs (b) and (c), the members of the planning authority shall, by resolution, having considered the chief executive’s report, make the plan with or without the material alteration.

(b) Where the members of the planning authority decide to make the plan with the material alteration, they may do so subject to any minor modifications to the material alteration that they consider necessary.

(i) does not substantially or materially alter the material alteration,

(ii) is not likely to have significant effects on the environment or on any European site, and

(iii) does not relate 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.

(d) Where, in making the development plan under this subsection, the members of the authority do not comply with any recommendation made by the Minister or the Office of the Planning Regulator under this section, they shall so inform the Minister or the Office of the Planning Regulator, as the case may be, as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned.

(15) (a) Where a planning authority makes a development plan, it shall publish, in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, a notice of the making of the development plan within 2 weeks of the date of the making of the plan by the members of the authority under paragraph (c) of subsection (7) or subsection (14).

(b) A notice under this subsection shall state that a copy of the development plan will be available for inspection on a website maintained by or on behalf of the planning authority and at a place specified in the notice on and from a date as may be so specified (being not more than 5 weeks after the date of the making of the development plan).

(c) The planning authority shall, within 5 weeks of the making of the development plan, send a copy of the development plan to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the regional assembly for the region within which the functional area to which the development plan relates is situated,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) any Local Community Development Committee within the functional area of the planning authority,

(viii) any adjoining planning authority,

(ix) the National Transport Authority, and

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