Dáil Éireann Debate, Wednesday - 2 February 2022
61. Deputy Patrick O'Donovan asked the Minister for Housing, Local Government and Heritage if there is a requirement on the CEO of a local authority to respond to a person who makes a submission to a Draft County Development Plan on receipt of same; and if so, the time-frame for same. [5461/22]
View answerPursuant to Section 11(1)(a) of the Planning and Development Act 2000, as amended (the Act), not later than 4 years after the making of a development plan, a planning authority shall give notice of its intention to review its existing development plan and to prepare a new development plan for its area. As part of each stage of the review, there is a clear and structured approach governing the public consultation processes, specifying the role of the executive and the role of the elected members.
As provided for under Section 12(1) of the Act, any written submissions or observations with respect to the draft development plan which are made to the planning authority within the period stated in the notice (which must be not less than 10 weeks), must be taken into account before the making of the plan.
Section 12(4) of the Act sets out the procedures and timeframes for dealing with submissions and the preparation of a report by a Chief Executive of a planning authority. Within 22 weeks of publication of notice of public display of the draft development plan, the Chief Executive must prepare a report on all submissions or observations received on the draft development plan, and must submit this report to the elected members for their consideration. A Chief Executive’s report must be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority.
In accordance with the Act, the Chief Executive's report must list the persons or bodies who made submissions or observations and provide a summary of:
(i) the recommendations, submissions and observations made by the Office of the Planning Regulator;
(ii) the submissions and observations made by any other persons, in relation to the draft development plan;
(iii) give the response of the Chief Executive to the issues raised, taking account of
- any directions of the members given in relation to the draft development plan prior to publication, or the committee under section 11(4) of the Act;
- 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 of the Government or of any Minister of the Government; and,
- if appropriate, any observations made by the Minister for Culture, Heritage and the Gaeltacht in relation to protected structures under Section 12(3)(b)(iv).
As such, the Chief Executive must respond in the Chief Executive’s report, to the issues raised by all persons, taking account of the relevant planning considerations, within 22 weeks of giving notice of public display of a draft development plan.
The elected members of the planning authority then have a further 12 weeks to consider the Chief Executive’s Report and to determine whether the draft development plan may be adopted, or whether it is necessary to propose further material amendment to the draft development plan, which must then be further displayed in public for submissions or observations, prior to final adoption of the plan.
