Pursuant to a recommendation received from the Office of the Planning Regulator, on 15 October 2021 the then Minister of State at the Department of Housing, Local Government and Heritage, Peter Burke TD, wrote to the Chief Executive of Kilkenny County Council giving notice of his intention to issue a Direction in relation to the Kilkenny City and County Development Plan 2021-2027. A draft of the proposed Direction was contained in the notice in accordance with Section 31(4) of the Planning and Development Act 2000, and accordingly, those parts of the Development Plan referred to in the notice shall be taken not to have come into effect, been made or amended.
The draft Direction was made available for public inspection by Kilkenny County Council and submissions were invited during a two week period between 29 October 2021 and 12 November 2021. Subsequently, the Chief Executive of Kilkenny County Council prepared a report dated 10 December 2021 on submissions received during this period and made a recommendation on how to give effect to the draft Direction. The Office of the Planning Regulator considered this report and on 10 January 2022 issued a notice under Section 31AN(4) of the Act recommending that the Minister issue the Direction with minor amendments, consistent with the recommendation contained in the Chief Executive’s Report.
It should be noted that the OPR’s recommendation in relation to this matter was received by the Minister prior to the enactment of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 and as such no statutory timeline is applicable to a decision in respect of a final direction in this case and the matter remains under active consideration in light of policy developments in this area.
Section 31(6)(b) of the 2000 Act specifies that if a part of a development plan proposed to be replaced contains a matter that corresponds to any matter contained in a plan which is referred to in a draft Direction, that part of the previous development plan shall not cease to have effect in respect of that matter.
The interpretation of this provision of the Act and its application to the relevant particulars of the development plan pertaining to County Kilkenny is a matter for Kilkenny County Council in the first instance in its capacity as planning authority for the area.
