The ongoing implementation of the language planning process has a statutory footing under the Gaeltacht Act 2012, which is the primary driver in support of the commitment to the achievement of the objectives set out in the 20 Year Strategy for the Irish Language 2010 to 2030.
This is recognised in the National Planning Framework (NPF), which refers to the preparation and implementation of language plans at community level. Objective 29 of the NPF “supports the implementation of language plans in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks”.
Separately, the Planning and Development Act 2000 as amended, sets out mandatory objectives for local authorities, which must be addressed in the drafting of their County Development Plan governing local development policies. Section 10(2) of the Planning and Development Act includes a requirement that, where there is a Gaeltacht area within the planning authority’s territory, the development plan must include provisions and objectives for “the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language”.
To provide further guidance in preparing appropriate policies, my Department produced ‘Development Plans, Guidelines for Planning Authorities ’, to address this mandatory objective of the Planning and Development Act. These guidelines refer to linguistic and cultural heritage and the needs of the community in land-use terms for housing, community facilities, employment, tourism and design, including advertising and signage.
Individual development plans may also oblige applicants for planning permission to submit certain particulars or information to accompany development proposals in Gaeltacht areas, such as assessments of the linguistic impact of the proposed development, in order for it to be assessed against relevant policies of the development plan.
Since April 2019, the assessment of all local authority development plans and local area plans is undertaken by the Office of the Planning Regulator (OPR). The oversight role of the OPR includes ensuring consistency with relevant national or regional policies, including those set out in the NPF and addressing all relevant mandatory objectives for County Development Plans set out in the Planning and Development Act, including the provision of Gaeltacht-specific objectives, where required.
This statutory functions of the OPR may ultimately include a recommendation to the Minister for Housing, Local Government and Heritage to direct a planning authority to amend or revoke a statutory plan, under procedures set out in Section 31 of the Planning and Development Act 2000. Such circumstances include where local authorities fail to adopt policies that reflect the overall national policy position or are in breach of the statutory requirements under Section 10 of the Act.
With respect to any particular case with which a planning authority or An Bord Pleanála may be concerned, i.e. consideration of any planning application, I am subject to limitation in exercising any power or control, which includes commenting or making statements, under Section 30 of the Planning and Development Act 2000. This includes the competence, or otherwise, of individuals to prepare relevant documentation or plans as part of a planning process.
However, I can generally advise that a planning authority must notify the Minister for Community, Rural and Gaeltacht Affairs (currently the Minister for Tourism, Culture, Arts , Gaeltacht, Sports and Media) and Údarás na Gaeltachta, to invite their views in relation to planning applications for developments which, in the opinion of the authority “might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language” in accordance with Article 28 of the Planning and Development Regulations 2001 (as amended).
The decision to grant or refuse planning permission in such cases, and to assign conditions, including conditions relating to language where appropriate, to a grant of planning permission, is ultimately a matter for the relevant planning authority or An Bord Pleanála. This includes development proposals such as housing estates or holiday homes. I am confident that the local authorities are fully aware of their responsibilities in relation to assigning conditions to a grant of planning permission and I do not intend to issue a circular at this time.
I am of the view that considering the unique spatial and linguistic circumstances relating to each of our Gaeltacht areas, with local variation between communities and the contexts in which the Irish Language is spoken, that the relevant planning authorities are best placed to implement the framework of legislation, policy and guidance as set out above. I am also satisfied that there are appropriate planning oversight mechanisms and safeguards in place, which include the Office of the Planning Regulator and An Bord Pleanála.
However, a number of Irish language groups, including Conradh na Gaeilge, have raised these matters with me and I have undertaken to meet with Conradh na Gaeilge this week to discuss this more generally.
