'College planners' could turn West Connemara into a national park

COUNTY Council policy could turn West Connemara into a 'National Park' missing one vital commodity - people. The planning agenda for rural County Galway is straightforward enough - keep the number of houses built out in the countryside to the lowest number possible.

Get the people to live in the towns and villages. Increase the size of Galway city substantially and let West Connemara drift into a national park. That summary would be strongly contested by the planners in County Galway and they would point out that rural Galway is getting a fair crack of the whip.

The arguments will soon start again. For Galway County Council will soon be preparing the new County Development Plan which will be the planning 'bible' for all of this county - outside of the city - during the period 2009-2014.

Galway County Council will bring their first draft of the new County Development Plan before county councillors in about six weeks time. You can be sure the document will contain the statement 'proper planning and sustainable development' more than once.

When this statement is brought down to everyday use, it means that most people should live in villages, towns and in Galway city - and that rural housing should be cut back. Where is this philosophy and policy coming from?

Somewhere in the documents and policies relating to planning you will find this statement: 'To maintain the open character of the Irish countryside'. If you are to preserve this 'open character' you would need to cut down on buildings.

It's a policy that is supported generally by the professional planners and is obviously the 'gospel' in the training colleges. It is also supported by groups like An Taisce, the Royal Institute of Architects in Ireland, planners organisations, the Green Party and more. So what's the idea and is there sense to it? It depends on where you are coming from. The planning fraternity and the groups that are pushing for this agenda will say that 'one off houses are contrary to the principles of 'proper planning and sustainable development'.

So why is that? Spoiling views and causing pollution? Well, for a start, they claim that houses clutter the countryside, spoil the views, and also lead to pollution because of so many septic tanks.

They also claim that it costs a huge amount of money to spread out services such as water, electricity etc. to houses far apart from each other. The constituency that support the villages and towns model of living also say that 'one off houses in the countryside leads to more travel and cars on the roads because people have to travel to towns to work.

If they were living in the towns, the journey times would be shorter and the amount of pollution would be lessened. They would all sound like logical enough reasons for putting people into villages and towns and cities.

All you would have in the countryside would be those who were farming. The arguments in favour of this urbanisation of this county and this country can be stacked up to a logical case. But there is another picture. A pioneering Irish American businessman, Mark McCormack once wrote an iconic book entitled 'What they do not teach you at the Harvard Business School'.

In simple terms, he was saying that the academic teaching of business could be a million miles away from the real world of day to day reality. Somebody could also probably write a book entitled: 'What they do not teach you at the Planning Colleges'.

The Irish Rural Dwellers Association has been pointing out for some years that there is little emphasis on rural issues in the planning colleges.

But there are realities in the Galway countryside and throughout rural Ireland that seem to escape the champions of 'proper planning and sustainable development'.

We have a long time attachment to the soil - even though, in places like Connemara, it might sometimes not be much more than a few acres of bog and rushes.

And people in rural Ireland have a strong attachment to parish and to community. And many of them continue to want to live in rural communities - close to families, their traditional schools, GAA clubs etc. And many want to live out in the countryside - not in villages. That may not fit nicely into the 'proper planning and sustainable development' argument.

It means more houses in the countryside and more septic tanks. But attachment to traditions, attachment to communities, attachment to the countryside and a desire to maintain family connections to an area are very real.

You could call it the heartbeat of rural communities. But fitting heartbeats into little 'sustainable' planning boxes does not work. And it seems there is little real account of all of these matters in the broader planning regimes.

But hold it there! Plenty of permissions say planners. The planners would have an answer to the above scenario. The planners would pull out the statistics from their computers and point out that a high percentage of the planning applications granted in County Galway are for 'one off houses in rural areas. And they are right - to an extent.

But large housing schemes contain a high number of houses and they involve only one planning application also. Therefore there could be a lot more houses involved in one application in a village or town than - say 50 - planning applications in a rural area.

But even allowing for that, the planners will say that a high percentage of applications for 'one off houses in rural areas are granted. The reality is that the county councillors are mainly to thank for that. Remember 2002? The County Plan presently in place in Galway was put together in 2002 and 2003. It was adopted in May of 2003. There was uproar amongst Galway county councillors when the first draft of that plan was placed before them by the County Council management.

The focus of these Draft Plans in 2002 would have made it far more difficult to get planning permission in rural Galway. Such was the uproar that Councillors from all political sides got together - a rare occurrence - paid money from their own pockets and employed consultants of their own to write a new plan.

The main issue was the right to build a house in rural Galway. The councillors claimed they reversed, to some degree, the tougher policy being proposed by planners about rural houses.

The Government's 'Rural Housing Guidelines' issued in 2005 also strengthened the hand of those who want more scope for 'one off housing in rural communities. But the battle goes on. There is no better example than Ardaun in this county.

Ardaun ... and the 'National Park' Ardaun is the new town in the minds of planners that would extend from the east of Galway city to Oranmore. It would eventually have a population of anything up to 20,000. In reality, it would house much of the projected increase in the population in County Galway - both City and County.

Planners are all for it. Many county councillors are against it claiming it would drag people and developments in from the rural areas. But Ardaun fits into the 'proper planning and sustainable development' category.

And the seven year 'no sale' ban on rural houses in the country areas closer to the city is put there to further deter people from building in these communities. There is no other reason.

And what about the often expressed view that the agenda for Connemara is a 'National Park'? This is a somewhat broader policy than the County Plan alone. Sheep and cattle off the hills for half the year, a stated policy of eventually stopping turf cutting, SACs coming in the way of road developments, electricity lines and houses for people in the community.

Again, the people in favour of this conservation will make a strong case. But the end result is a step closer to a 'National Park' in the areas west of Oughterard and west of Casla. The County Plans have been rowing in with this policy in Connemara. Only a limited category of people can get planning permission due to environmental rules.

And with a fast decline in the population in West Connemara people are the most needed species - that is if the area is to develop.

It would appear that the Council planners only want a maintenance population 'out west' - and a maintenance population will not sustain communities. So is the policy to have less 'one off houses in the countryside, a preponderance of people in villages and towns, the development of Ardaun and a maintenance population in West Connemara?

It could be stated in other language... and it probably will be again in the new County Development Plan. The words will include 'proper planning and sustainable development'.

Mairtin 0 Cathain
Connacht Tribune

www.buckplanning.ie

Coolmore fails to get plan changed

SOUTH TIPPERARY County Council has agreed to allow its draft development plan go out for public consultation without any amendments.

This is despite intensive lobbying by Coolmore Stud to include an amendment which would prevent factories setting up near its stud farm.

Fianna Fáil, Fine Gael and Labour Party whips agreed yesterday that the council would allow the draft 2009-2015 development plan go out for public consultation and no motions were proposed to make any amendments.

From April 21st, members of the public will have 10 weeks in which to make submissions on the plan which will then be considered by planning officials at South Tipperary County Council.

County manager Ned O'Connor told councillors at yesterday's meeting in Clonmel that he was satisfied that all members of the council had acted with "commendable propriety" in relation to the draft development plan.

Mr O'Connor had met with a number of councillors last week when they sought his advice on making an amendment to the plan and he had advised them that it would not be legally possible to do so at this stage.

Local politicians had been invited to a meeting at Coolmore Stud near Fethard last week where they were lobbied to seek an amendment to the plan which would have prohibited "electricity transmission lines" near equestrian facilities.

The amendment would also have prohibited a number of other industries including waste disposal facilities, water treatment plants, chemical works or "other incompatible" development that might have "a detrimental effect" on the rearing of thoroughbred horses.

Coolmore Stud, which is owned by John Magnier, has strongly opposed plans by Green Organics Energy to build a bio-energy plant at the site of a former rendering factory at Castleblake in Rosegreen near the internationally known stud farm.

Yesterday on RTÉ's Morning Ireland , Green Organics Energy's Paul Barrett said he believed the proposed amendment was directed at his company's interest and he expressed concern that Coolmore had obtained access to the draft development plan before it was in the public arena.

Mr Barrett said he was pleased to learn that the amendment would not be put to a vote at the council but said he believed it was an attempt by Coolmore "to thwart the ongoing planning process" in relation to the proposal to build a green energy plant at Castleblake.

However, a Coolmore Stud spokeswoman told The Irish Times there were a number of stages to the consultation process and Coolmore Stud had been very open about meeting councillors and making its views known to them about the importance of the equine industry to the area.

At a Bord Pleanála hearing earlier this year Green Organics Energy said the €100 million plant would be "safe, efficient, clean and green" and was essential to enable the Irish meat-processing industry to dispose of animal by-products.

The company said it would process the organic waste using a system known as anaerobic digestion to break down the waste into "biogas" which would then be used to create "green" electricity for the national grid, and to make biodiesel fuel for cars.

Green Organics Energy was refused planning permission last year by the county council and appealed the decision to An Bord Pleanála.

The Irish Times

www.buckplanning.ie

Westmeath County Council Draft County Development Plan 2008-2014

Westmeath County Council Draft County Development Plan 2008-2014
In accordance with Section 12 of the Planning and Development Act 2000, Westmeath County Council has prepared a Draft County Development Plan for the period 2008 to 2014.

The Draft County Development Plan will be on public display from Saturday 24th February 2007 to Friday 4th May 2007 (both dates inclusive, but excluding public holidays).

A copy of the draft may be inspected at:
Athlone Civic Centre, Church Street, Athlone
Coole Civic Centre, Mullingar Rd, Castlepollard
Kilbeggan Civic Centre, Kilbeggan
Mullingar Area Office, County Buildings, Mullingar
Monday – Friday 9.00am to 4.00pm
Observations or submissions regarding the Draft County Development Plan 2008 - 2014 are invited.

Submissions or observations may be made online or in writing ONLY.

Please call 0404-66060 if you require support to make a submission.

Public consultation on new County Development Plan

Public consultation on new County Development Plan

Get involvied in the review of the Cork County Development Plan 2003. Have your say in the new plan now being prepared.

Public consultation on the next Cork County Development has commenced and planning officials will be present at venues throughout the county this week and next.

Meet the planners from County Hall from 4.00pm to 9.00pm on

Monday January 29th: Castle Hotel, Macroom
Tuesday January 30th: Community Centre, Fermoy
Wednesday January 31st: Walter Raleigh Hotel, Youghal
Thursday February 1st: Quality Hotel, Clonakilty

Tuesday February 6th: Community Centre, Kanturk
Wednesday February 7th: County Hall
Thursday February 8th: Bantry Bay Hotel, Bantry.

The Cork County Development Plan sets out the overall strategy for the proper planning and sustainable development of the County. The existing County Development Plan was adopted in January 2003 and remains in force until January 2009.

Cork County Council has commenced the preparatory process for the review of the County Development Plan with the publication of the issues paper and the commencement of a period of public consultation on the issues paper.
The Issues paper can also be viewed on line at the Cork County Council Web-site.

The review of the Plan must be completed within two years.

Submissions on the Issues paper should be made in writing and sent to:
The Senior Planner
Cork County Council
Planning Policy Unit
Floor 13
County Hall
Cork.
Submissions can also be made on-line.

Closing date for receipt of submissions is 09 March 2007.

Wexford County Council's Draft Development Plan

I just hasd a call on this. People should note that the Draft is available @

http://www.wexford.ie/wex/Departments/Planning/DevelopmentPlans/DraftDevelopmentPlan2007-2013/DraftPlanDocuments/

Here's how Wexford County Council are advertising the Draft:

Current Status of Draft Development Plan 2007-2013

From 28 November 2006 to 19 February 2007 the public are invited to make submissions on the Draft Development Plan.

Public meetings will be held in various locations in the County during December. Locations and times for public meetings

Please send any submissions or obvservations regarding the draft plan to forwardplanning@wexfordcoco.ie

Submissions can also be sent to:
The Forward Planning Section
County Hall
Spawell Road
Wexford

Wicklow Town Development: A New Plan

Presented by buck planning services

Introduction

• Out with the old, in with the new

• Draft Development Plan for Wicklow 2007 - 2013

• Focusing on the issues which may impact on you:

- Proposed A.C.A and Z.A.P.

- Opportunity areas

- Site regeneration areas

• A new zoning map

• Conclusion

Plan-making is difficult, why?

• Different visions.

• Inertia/nostalgia.

• Planning policy direction (implement legislation, policy targets, etc.).

• Different definitions of ‘the public’.

• Different understandings of ‘public consultation’ – most expect ‘public participation.

• Powerful stakeholders, landowners, etc., expect role commensurate with their position.

• Resources available to plan-maker.

Take just one: policy direction

Must also follow ‘Act’

A development plan “shall” include objectives for:

- Zoning of land

- Infrastructure provision

- Conservation and environmental protection

- Protection of architectural and archaeological heritage

- Protection of landscape

- Regeneration

… and so on ‘and’ can include objectives for:

- The location and pattern of development

- Control of areas and structures

- Community facilities

… and so on

Conclusion? Much of the content is prescribed.

Stages – must take two years

• Advertisement in papers calling for submissions. 8 weeks.

• Report on submissions prepared in 8 weeks. Councillors consider report for up to ten weeks. Prepare draft plan in consultation with councillors. Must be in place 12 weeks later.

• Draft Plan on display within 2 weeks. Submissions invited for 10 weeks.

• Preparation of report on submissions received after 12 weeks. Councillors consider report for 12 weeks. If it is to be amended significantly the amendments must go back out on public display (within three weeks of the decision to amend). If no material alterations are made, the councillors will adopt the plan.

• If a material alteration is made (within 3 weeks) a second display period is organised and submissions again invited for 4 weeks.

• Report prepared on submissions after 8 weeks. Councillors consider report and new plan is then adopted after 6 weeks with or without the amendments).

• The plan shall have effect four weeks later.

Obtain a copy of the Department’s leaflet: “The Development Plan”. But note, it is aimed at the general public; not the practitioner.

Where is Wicklow @?

… Draft Development Plan stage

Issues arising from consultation

• Single issue based: More trains, more parking, more community and sports facilities, more pedestrian friendly, more open space, more schools, more traveller accommodation, more environmental protection, more drug treatment facilities, a marina, more bowling …

• General desires: Better design, investment, improved retail facilities, increased attractiveness to tourists, protect trees, reduce dereliction, reduce traffic congestion, more heritage protection, etc.

• Self-interest: “re-zone my land” (individuals, Wicklow Golf Club, etc.), protect our land (East Glendalough School).

• Areas: Port access road (ASAP), Protect Main Street / Town Centre, The Murrough (… again … finally, at last?), Abbey lands (a shared vision?), Whitegate site (recreational?), Convent lands (available during the plan?), and the redevelopment of Fitzwilliam Square (regeneration plan?).

• Lack of synergy with the environs – an age old problem …

Strategic aims

Mostly general, like a GW speech. This allows ‘all’ issues to be covered, but also, if you look at the main impetuses says:

1. The town centre is to serve a projected population of 25,000 to 40,000 by 2016. Up from 6,416 in 1996, 7,031 in 2002 and a preliminary 6,835 for 2006.

2. Retail floor space is to grow by:

– Convenience: 500-1,500 sq.m

– Comparison: 5,000-10,000 sq.m

3. Residentially zoned land is available to accommodate 4.632 persons at 30 units per hectare.42.7 hectares remain undeveloped. No more is required.

Commercial aims – contradictory?

• Self-sufficient but dependant on Dublin demand?

• Supports in town and out of town retail development?

• Apparently contradictory aims is an often, painful, but necessary, aspect of planning.

Focusing on the issues which may impact on you …

Proposed A.C.A.

Why propose an A.C.A?

Section 81 (1) of the Planning and Development Act 2000 states:

• A development plan shall include an objective to preserve the character of a place, area, group of structures or townscape, taking account of building lines and heights, that:

• is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value,

• contributes to the appreciation of protected structures,

• is necessary for the preservation of the character of the place, area, group of structures or townscape concerned.

• ACAs are something to be proud of …

What difference does an A.C.A make?

An A.C.A impacts on proposed development ... Section 82 (1) states: “In architectural conservation areas:

1. Notwithstanding section 4(1)(h), the carrying out of works to the exterior of a structure located in an architectural conservation area shall be exempted development only if those works would not materially affect the character of the area.

2. In considering an application for permission for development in relation to land situated in an architectural conservation area, a planning authority, or the Board on appeal, shall take into account the material effect (if any) that the proposed development would be likely to have on the character of the architectural conservation area.”

Power to acquire structure/land

In an A.C.A a planning authority may acquire land situated within an A.C.A if it is of the opinion:

that it is necessary to so do in order to preserve the character of the architectural conservation area, and

(i) the condition of the land, or the use to which the land or any structure on the land is being put, detracts, or is likely to detract, to a material degree from the character or appearance of the architectural conservation area, or

(ii) the acquisition of the land is necessary for the development or renewal of the architectural conservation area or for the provision of amenities in the area.

Note: A planning authority shall not compulsorily acquire any land that is lawfully occupied as a dwelling house by any person other than a person employed as a caretaker.

Impact on you? Policies

The right place for an A.C.A?

• Anything to be proud of? To protect?

Proposed Zone of Archaeological Potential (ZAP!)

What exactly is a Z.A.P?

• A zone defined in the Record of Monuments and Places.

• An area in proximity to recorded monuments.

• A ZAP is statutorily a recorded monument.

• Any works which would impact on archaeological structures, features or deposits including demolition or alterations (major) to a building in a Zone of Archaeological Potential may require two months notice to Dúchas under section 12 of the National Monuments (Amendment) Act, 1994

Impact on you? Policies

Opportunity areas

1. The Murrough, 18 ha.

2. Convent Lands, 33 ha.

Site Regeneration: two areas

1. Whitegates

2. Abbey lands

Let’s look at the whole plan

Development Parameters

A new zoning map

New objectives

Do you share the plan’s vision?

bps planning consultants

The Irish Development Plan and its material contravention

The Irish Development Plan

This material covers development plans and material contravention of development plans.

I. Development Plan (Part II of the P & D Act 2000)

The Development Plan is the basic policy document of the planning authority, in other words it’s the main public statement of planning policies for the local community. The plan consists of a written statement of objectives and a map or series of maps. These planning objectives are for the next six years.

In the words of the Act (s.9(2)(3) a development plan shall relate to the whole functional area of the authority.

Where’d it come from?

Without going into the history here, each planning authority was obliged to make a development plan within three years of the commencement of the 1963 Planning Act and thereafter they were required to review it at no greater than five yearly intervals (note: but it could be shorter), the 2000 Act has continued this approach but changed the time period to six years time periods, and also changed, as we shall see, the process somewhat. After a development plan has been adopted by a council it can subsequently be varied by addition, deletion or alteration or replaced by an entirely new development plan. Provision is made for the Minister to extend the period for reviewing the development plan, and a plan made outside the statutory deadline without the Minister’s prior assent is not valid. The making of a development plan is a reserved function.

What must be in a development plan?

Section 10(1) of the Act says: “A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question”.

Development plans, the document you can buy over the counter at any county council office, are in the form of a written statement supplemented by maps. Over the years they have gotten bigger and bigger – some of you will remember last week’s lecture where I showed the long and detailed table of contents for the Galway County Development Plan. They are now long because of what it “must” contain, but also because of what it can contain. Let me explain. The Act lists those objectives which are discretionary and those which aren’t, and both lists are long!

· What must plans include (mandatory; s. 10.(2))?

· Plans may include (discretionary): Under Section 10(3). If you thought the list of mandatory objectives was quite extensive, the First Schedule of the Act (a schedule is a list at the back of an Act), provides a very very long list of other objectives which may be included.

Even after all of these, the Minister may prescribe additional objectives for inclusion in development plans!

What else except objectives must a development plan include?

Those preparing it must take cognisance of environmental issues. In preparation for Strategic Environmental Assessment (EU Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment), the Act (Section 10.5.(a)) says: “A development plan shall contain information on the likely significant effects on the environment of implementing the plan”. Section 10.5 (b) says the Minister may by regulations make further provisions in relation to the manner in which paragraph (a) may be complied with.

A large number of the objectives which are included in a development plan will be spatial in nature, in other words they will be located on a map. Indeed, when I worked with Fingal County Council on their last plan review, almost the entire plan was produced using geographical information systems or map based software. Many of you will have heard of or even seen these types of map, often referred to as zoning maps, these contain the detailed land use objectives for the period of the plan, so land may be zoned agricultural, residential, commercial, educational, recreational and a myriad of other designations, and where local areas are concerned such designations can reach down to street scale or below where, say, conservation issues are at stake.

Interestingly, it is worth noting that a zoning is not permanent! Section.10(8) says: There shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan. The reason for this is to try to encourage landowners who own zoned land to develop it. When land is zoned it means planners wish to see the land developed as part of, say a county strategy, when it is not it can place pressure on planners for more rezonings, which is often the objective of the developer(s) in question. So, taking housing as an example, there is plenty of zoned housing land all over Ireland, but much of it is not being developed, so councillors, noting the pressures from shortages of housing on local people, pressure for rezoning of land for housing and the most appropriate sites for housing, being already zoned, remain zoned whilst more, less appropriate land is rezoned. To try to prevent this, the Government introduced the idea that a zoning can be lost. In reality it’s very hard to do, as the All Party Oireachtas Committee on the Constitution found out this year.

Let’s look at how to prepare a draft development plan, that is: at the planning practice and procedures involved.

Section 11.(1) says: “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”

A notice must be sent to the Minister, any prescribed authorities, any adjoining planning authorities, the Board, any relevant regional authority and any town commissioners and city and county development boards within the functional area of the authority and must be published in one or more newspapers circulating in the area to which the development plan relates (the content of the notice is stated in the Act, but strong coffee wouldn’t keep you awake for me to describe it).

The main things to remember about the notice are: It must state the planning authority’s intention to review the existing development plan and to prepare a new development plan. Tell the public that submissions or observations may be made in writing to the planning authority within not be less than 8 weeks. It must tell people the time and places where they can review and inspect the first draft plan.

Having given notice that it intends to review a development plan and to prepare a new development plan, a planning authority must consult with the general public and other interested bodies. This can be via public meetings, efforts to encourage or seek (say, by invitation) written submissions regarding all or any aspect of the proposed development plan and may invite oral submissions to be made to the planning authority regarding the plan.

It must also consult the providers of energy, telecommunications, transport and any other relevant infrastructure and of education, health, policing and other services in order to ascertain any long-term plans for the provision of the infrastructure and services in the area of the planning authority and the providers must furnish the necessary information to the planning authority.

Not later than 16 weeks after giving notice of intention to review and make a new plan, the manager of a planning authority must prepare a report based on any submissions or observations from consultations, submissions, observations, etc.

The report is quite simple. It

(1) Lists the persons or bodies who made submissions, observations or were consulted,

(2) Summarizes the issues raised in submissions and consultations,

(3) Importantly, the manager must give his or her opinion of the issues raised,

(4) The report must then give the manager's recommendations on the policies to be included in the draft development plan.

This report is then given to the members of the authority (the councillors) for their consideration. Having considered it, they may issue directions to the manager regarding the preparation of the draft development plan (but, importantly, and any such directions must take account of the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government; and they must consider the proper planning and sustainable development of the area) and the manager shall comply with any such directions. Such directions must be issued not later than 10 weeks after the submission of the Manager’s report.

Then, not later than 12 weeks following the receipt of any directions, the Manager prepares a draft development plan (well, actually, the planner’s do it on his or her behalf) and then, again, submits this to the members of the planning authority for their consideration. The councillors must “as soon as may be”, consider this draft development plan. Once considered it is deemed to be the draft development plan; unless, within 8 weeks of the submission of the draft, the councillors, by resolution, amend the draft development plan.

Once a draft development plan is in place, the planning authority must send a notice and copy of the draft to the Minister, the Board, the prescribed authorities, any town commissioners in the area and any city or county development boards in the area, any town commissioners and city and county development boards within the area, and publish notice of the preparation of the draft in one or more newspapers circulating in its area.

Again, I’ll not go through in what’s in a notice in detail. It must include details of where it may be inspected for at least 10 weeks (it can be more); state that written submissions or observations with respect to the draft can made to the planning authority within the 10 weeks which will then be taken into consideration before the making of the plan.

Not later than 22 weeks after this notice is circulated, the manager of a planning authority must prepare another report on any submissions or observations received and again submit the report to the councillors for their consideration. Again, it must:

(1) List the persons or bodies, who made submissions, observations or were consulted, and

(2) Summarizes the issues raised in submissions, observations and consultations (and also reiterate the views he or she made during the draft development plan process).

The councillors then consider the draft plan and the manager’s report within 12 weeks. Where, following the consideration of the draft development plan and the manager's report, it appears to the members of the authority that the draft should be accepted or amended, they may, by resolution, accept or amend the draft and make the development plan accordingly.

The process can end here. However, it is most likely that the councillors decide to make material alterations to the draft plan. And there is a further procedure for this.

The planning authority must, not later than 3 weeks after the passing of a resolution to amend the draft, publish notice of the proposed amendment in at least one newspaper circulating in its area. The notice says all the normal things: where to inspect the proposal and how to make a submission, observation. The process is for just 4 weeks (people can comment only on the proposed amendment!). Then, not later than 8 weeks after giving notice of the proposed amendment, the manager of a planning authority shall prepare another report, which is the same as the previous ones, except it’s only to cover the proposed amendment. This, and the draft plan, are then submitted to the councillors for their consideration. The councillors have six weeks to do this. Then, they must, by resolution, having considered the amendment and the manager's report, make the plan with or without the proposed amendment, except that where they decide to accept the amendment they may do so subject to any modifications to the amendment as they consider appropriate.

Where a planning authority makes a development plan, it must publish a notice of the making of the plan in at least one newspaper circulating in its area. Copies are sent to required bodies and made available for public inspection.

A development plan made under this section shall have effect 4 weeks from the day that it is made.

There are a number of other points to make about development plans:

1. Failing to make a development plan within two years

Interestingly, where a planning authority fails to make a development plan within 2 years of the original giving of notice to do so, the manager shall make the plan subject to the proviso that so much of the plan that has been agreed by the members of the planning authority shall be included as part of the plan as made by the manager.

2. Oral submissions

At any stage of the process, a planning authority may invite such persons as it considers appropriate to make oral submissions regarding the plan or any amendment.

3. Also, the Act says: “A person shall not question the validity of the development plan by reason only that the procedures as set out were not completed within the time required”, so it is possible where necessary to alter time periods. The Council ran over its statutory deadline (after 12pm), but it was still a legal process.

4. There is a general duty is placed on each planning authority to take the steps necessary to secure the objectives contained in its development plan.

5. Coordination of plans: The Act provides for ways in which development plans can or should be co-ordinated across areas:

1. Planning authorities can work together to produce a single plan. But unless required by the Minister doesn’t have to.

2. A planning authority must, however, have regard to the development plans of adjoining planning authorities. It also must co-ordinate the objectives in the development plan with the objectives in the plans of those authorities; except where the planning authority considers it to be inappropriate or not feasible to do so.

It should also be noted that (s. 10(6)) Where a planning authority proposes to include in a development plan any development objective the responsibility for the effecting of which would fall on another local authority, the planning authority shall not include that objective in the plan except after consultation with the other local authority.

3. In making a development plan a planning authority must also take into account any significant likely effects the implementation of the plan may have on the area of any adjoining planning authority having regard in particular to any observations or submissions made by the adjoining authority (s.9(5)).

6. Coordination with national and regional plans

The Act says: A development plan shall in so far as is practicable be consistent with such national plans, policies or strategies as the Minister determines relate to proper planning and sustainable development.s.9(6)

7. Role of the Minister

Although the councillors have the function of deciding on the form and content of the development plan for their area, the Minister for the Environment has a general supervisory jurisdiction in the matter. He may require two or more planning authorities to co-ordinate their development plans in a manner specified by him (s.3.(7)(6)). Also, any dispute between the planning authorities in question arising out o making a single development plan for their area must be determined by the Minister (s.3.(7)(b)).

He may also require a planning authority to vary its development plan in a specified manner. Neither of these powers has ever been used. However, Berna Grist in her book Introduction to Irish Planning Law tells the story of the Minister of the time, Brendan Howlin, and Kildare County Council. Kildare inn the 1990s was rezoning large tracts of agricultural land for housing around the main Kildare towns – Johnstown (52 acres), Kilcock (200 acres), Clane (120 acres) and Maynooth (280 acres). The residents felt this would destroy the character of these towns (similar debates are happening everywhere now!), they wrote and asked the Minister to reverse these decisions. He didn’t do this, but he did write to the council asking them to defer further rezonings until the council had prepared a strategy for the future development of the county as a whole. This was a first and sent out the message: plan appropriately, remember it’s the Government who allocates your infrastructural funding, which services all these houses.

If during the period of the development plan, it wishes to make a decision which would materially contravene the development plan, it must vary the development plan and there is a procedure for this in the Act (section 13). Here it is in brief:

The Act says a planning authority may at any time, for stated reasons, decide to make a variation of a development plan. To do this it: The Manager (well the planners) send notice and copies of the proposed variation to the usual suspects (Minister, Board, prescribed authorities, neighbouring councils, etc.) and publishes notice of the proposed variation in one or more newspapers circulating in that area.

A notice must state the reasons for the proposed variation; that it can be inspected at x places for 4 weeks; that written submissions and observations can be made.

Not later than 8 weeks after giving notice, the manager again prepares a report on any submissions or observations received, and submits the report to the members of the authority for their consideration. The report is exactly the same as the others. The councillors then have 6 weeks to consider the report and proposed variation. They may then by resolution, as they consider appropriate, make the variation, with or without modifications, or they may refuse to make it; notice of variations, if made, must be published in a newspaper circulating in the area (and tell people they can come and inspect it and buy copies). Copies are sent to the usual suspects. A variation made to a development plan has effect from the day that the variation is made.

When we look at development control we will see that a planning authority cannot grant permission for a development which would materially contravene the development plan, except where yet another procedure is followed (section. 34(6) of the Act).

I suggest readers view development plans/draft development plans which are available on-line.