The National Planning Framework (NPF) acknowledges the need for a range of complementary strategies, tailored as appropriate, in planning for future growth. Specifically, National Policy Objective (NPO) 7 identifies the need to apply a tailored approach to urban development, that will be linked to the Rural and Urban Regeneration and Development Fund, with a particular focus on “Addressing the legacy of rapid unplanned growth, by facilitating amenities and services catch-up, jobs and/or improved sustainable transport links to the cities, together with a slower rate of population growth in recently expanded commuter settlements of all sizes.”
More generally, in terms of existing settlements, Section 67 of the Local Government Act 2001 is the primary legislative, statutory and regulatory framework for the provision of public green space. This provides that a local authority may take measures or engage in activities that it considers necessary to promote the interests of the local community in relation to matters such as general recreational and leisure activities, including the provision of parks and open spaces.
From a planning perspective, the preparation of statutory development plans is a central function of a planning authority undertaken in accordance with the Planning and Development Act, 2000 as amended (the Act). Specifically Section 10(2) (subsections a, d and j) of the Act provides that a development plan shall include objectives for—
“(a) the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;
(d) the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;
(j) the preservation, improvement and extension of amenities and recreational amenities;”
These provisions may relate to objectives that address the requirements of both existing communities and/or future development areas.
With regard to the provision of open space and amenities in tandem with new development, these may also be addressed within the County Development Plan, as above or in subsequent Local Area Plans. In addition, Section 48 of the Act makes provision for development contribution schemes, which may establish the requirement for the payment of a financial contribution as a condition of planning permission for development, for public infrastructure and facilities. This may be for the purposes of land acquisition and/or the provision of open spaces and recreational facilities, as follows - Section 48(17):-
“In this section— “public infrastructure and facilities” means—
(a) the acquisition of land,
(b) the provision of open spaces, recreational and community facilities and
amenities and landscaping works,
(c) the provision of roads, car parks, car parking places, surface water sewers
and flood relief work, and ancillary infrastructure,
(d) the provision of bus corridors and lanes, bus interchange facilities (including
car parks for those facilities), infrastructure to facilitate public transport,
cycle and pedestrian facilities, and traffic calming measures,
(e) the refurbishment, upgrading, enlargement or replacement of
roads, car parks, car parking places, surface water sewers, flood relief work
and ancillary infrastructure,
(f) the provision of high-capacity telecommunications infrastructure, such as
broadband,
(g) the provision of school sites, and
(h) any matters ancillary to paragraphs (a) to (g).
I am satisfied that there are adequate policy and legislative measures available to address the issues raised in the question, both in terms of existing settlements and in forward planning for new development.
