Planning Issues.

Dáil Éireann Debate, Thursday - 6 December 2007

Thursday, 6 December 2007

Ceisteanna (251, 252)

Paul Nicholas Gogarty

Ceist:

251 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the procedures involved in the adoption of a strategic development zone plan by members of a local authority; the action that will be taken should the democratically elected members of a local authority vote down such a plan, if it is deemed to be flawed; if the council management must automatically revert to drawing up a new plan, or find another means of developing the land, or if this defeated plan goes directly to An Bord Pleanála in any case; if the elected members have a say as to what happens following the non-adoption of a plan; and if he will make a statement on the matter. [33082/07]

Freagraí scríofa

Minister for the Environment, Heritage and Local Government (Deputy John Gormley)

Under Part IX of the Planning and Development Act 2000, the Government may by Order, on foot of a proposal from the Minister for the Environment, Heritage and Local Government, designate a site or sites as a Strategic Development Zone (SDZ) to facilitate development considered, in the Government's opinion, to be of economic or social importance to the State. The Government Order will specify the development agency for the SDZ.

The Act provides that a draft planning scheme must be prepared within two years of the designation of the SDZ. The draft planning scheme is then subject to a statutory public consultation process and submitted to the elected members of the relevant planning authority for consideration along with a Manager's report which summarises the issues raised during the public consultation and gives the Manager's response to those issues.

As set out in section 169 (4)(b) of the Act, the draft planning scheme is deemed to be made six weeks after the submission of that draft planning scheme and the Manager's report to the elected members unless the planning authority decides, by resolution, to: i) make, subject to variations and modifications, the draft planning scheme, or ii) decides not to make the draft planning scheme.

Paul Nicholas Gogarty

Ceist:

252 Deputy Paul Gogarty asked the Minister for the Environment, Heritage and Local Government the procedures involved in the adoption of a local area plan by members of a local authority; the action that will be taken should the democratically elected members of a local authority vote down such a plan, if it is deemed to be flawed; if the council management must automatically revert to drawing up a new plan, or find another means of developing the land; if the elected members have a say as to what happens following the non-adoption of a plan; and if he will make a statement on the matter. [33083/07]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley)

The making, amending or revoking of a local area plan is a reserved function of the elected members of the planning authority for the area.

Section 18 of the Planning and Development Act, 2000 states that "A planning authority may at any time, and for any particular area within its functional area, prepare a local area plan in respect of that area."

Section 19(1)(b) of the Act states that a local area plan must be made in respect of an area which meets all of the following criteria:

(1)is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census;

(2)has a population in excess of 2000 persons; and

(3)is situated within the functional area of a planning authority, which is a county council.

Under Section 19(2) of the Act, as amended by the Planning and Development (Amendment) Act 2002, the contents of the local area plan must be consistent with the objectives of the Development Plan for the area.

Section 20 of the Act, as amended by the Planning and Development (Amendment) Act 2002, provides for public consultation on a draft local area plan, and for the Manager to submit a report to the elected members for their consideration on any submissions or observations received during the public consultation process and the Manager's response to these issues. Following consideration of the Manager's report, if the elected members decide to vary or modify the draft local area plan, a further public consultation period of eight weeks is provided for. The Manager will then submit a further report to the elected members for their consideration on the submissions and observations received and the Manager's response to them. Following consideration of the Manager's report, the local area plan will be deemed to be made or amended, as appropriate, six weeks after the furnishing of the Manager's report.

The legislation provides that a planning authority may decide not to make a local area plan. While the legislation does not specifically state what should happen in such an event, the council executive would be guided by any resolution made by the elected members in this regard.