Decisions regarding the zoning of land are a reserved function of the elected members under the statutory development plan and local area plan processes. The Planning and Development Act 2000 sets out the steps that must be followed by the Council, the requirements for consultation with the public and key stakeholders, including the Minister for the Environment, Heritage and Local Government, during the drafting stages, and the mandatory and discretionary objectives that must be reflected in the plan. Similar procedures are also set down in legislation regarding variations to development plans.
In accordance with sections 12 and 13 of the Planning and Development Act 2000 and section 9 of the Planning and Development (Amendment) Act 2002, the members of a planning authority are restricted to considering the proper planning and sustainable development for the area in question when making or varying a development plan or local area plan. Having considered the manager's report, it is open to the members to decide by resolution to make or amend the plan, subject to any modifications that they consider appropriate, there is no legal requirement for the elected members expressly to set out how their decision is in the best interests of proper planning and sustainable development for the areas involved. It is in this context, and having regard to the commitment in the Programme for Government to make the local government system more transparent and responsive to its customers, that I have asked my Department to consider whether legislative or procedural changes are required to ensure that such decisions are made with the appropriate degree of transparency.