Ministerial guidelines
Development Plans: Guidelines for Planning Authorities
How a council prepares its development plan: the core strategy, mandatory objectives, consultation and monitoring.
Department of Housing, Local Government and Heritage · June 2022 · 136 pages
Ask this document
Answers come only from the text of Development Plans: Guidelines for Planning Authorities, each claim linked to its page. They are not advice; check the page itself.
Free, with a daily limit.
- Development Plan Guidelines for Planning Authorities | 96 Mandatory Objectives: Climate and Environment | 8 8.1.9 Tailoring Climate Change Policy and Objectives Locally The range and urgency of climate change actions required will vary from planning authority to planning authority and the opportunity to adopt locally relevant policies is an important aspect of plan preparation. Appropriate priorities and feasible measures will need to be carefully identified and considered given the differing geographical, settlement, environmental and other characteristics of different parts of each county. Nevertheless, national transition targets and objectives provided for within national climate legislation and policy remain common across geographical, topographical and administrative boundaries. A commitment has been given within the Climate Action Plan 2021 by the Department of Environment, Climate and Communications to publish a framework to set out targets for onshore renewable electricity to inform spatial plans. Close co-operation within the local authority and co-ordination with authority wide analysis and initiatives related to climate change is required, as well as collaboration with the relevant Climate Action Regional Offices (CARO), energy agencies and other relevant stakeholders as appropriate, which can provide exchange of blended experience and best practice across administrative boundaries and climate action areas. In this manner the development plan can support wider climate action measures through its statutory framework, and help to deliver relevant actions in sectoral and local authority adaptation strategies and in climate action plans. It will be important to include measurable indicators integrated into the climate action related objectives of the development plan in order for progress to be effectively monitored. These indicators will be a combination of common climate action indicators on a national basis and local developed indicators formulated by the planning authority itself to reflect the particular emphasis or set of actions included in its plan. There is a range of supporting guidance provided by various bodies and agencies in relation to issues related to climate change. For instance, the EPA’s ‘Integrating Climatic Factors into Strategic Environmental Assessment in Ireland - A Guidance Note’ is a good practice note on how to practically incorporate climate change into plans and programmes, which come under the remit of the SEA Directive. The report – ‘Climate Action and the Local Authority Development Plan’ – by the Office of the Planning Regulator (OPR) and MaREI, the Science Foundation Ireland (SFI) Research Centre outlines how development plans have the potential to play a significant role, at local level, in supporting Ireland to meet its ambitious climate targets.
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Climate and Environment 97 88.1.10 Climate Action as an Opportunity Climate change is a significant challenge however, the approaches required to tackle its cause and adapt to its effects, offer longer-term opportunities for both environmental success and improved economic performance. The potential of clean energy systems, technological innovation, advances in smart technologies and digital platforms, sustainable land management and the move towards a circular economy offer unique opportunities with the potential for sustainable employment, remote working opportunities and community development, also combatting commuting trends. Spatial planning plays a pivotal role in delivering new technologies, new approaches and redefining economic goals. In this regard climate action opportunities should be also be a consideration for local economic development. The plan should also take global climate policies into account, to enable local authority access to funding under the EU Green Deal, Just Transition and other economic opportunities. CASE STUDY : Planning the Low Carbon Economy in Tipperary The development plan provides for re-use of the former mining site and sets out policy objectives for Lisheen to become a European Model Demonstrator Region for the Bioeconomy. The development plan also sets out objectives to support the development of ‘Centre of Excellence for Sustainable Energy’ in Nenagh, thereby harnessing economic specialism and leveraging investment opportunities in collaboration with stakeholders such as Tipperary Energy Agency, Limerick Institute of Technology (LIT), local businesses and communities in the county. Source: Lisheen Mine, Tipperary County Council Tipperary County Council has long recognised the importance of the low carbon energy transition, both to the quality of lives of citizens and the opportunities it brings in terms of rural economic growth and development. Tipperary Development Plan 2022-2028 and its Renewable Energy Strategy promotes the energy sector in the county, iincluding the emerging bioeconomy sector, through continued support for the National Bioeconomy Campus at Lisheen. The council also identified the Lisheen Mine and Lisheen Bog area as the first candidate Decarbonisation Zone in the county in addition to proposals for the Technological University of Shannon (TUS), Thurles Campus to become a sustainable development research institute
- Development Plan Guidelines for Planning Authorities | 98 Mandatory Objectives: Climate and Environment | 8 8.2 Mandatory Objective: Environment Section 10(2)(cb) of the Act provides that a development plan shall include objectives for: “the promotion of compliance with environmental standards and objectives established — (i) for bodies of surface water, by the European Communities (Surface Waters) Regulations 2009; (ii) for groundwater, by the European Communities (Groundwater) Regulations 2010; which standards and objectives are included in river basin management plans (within the meaning of Regulation 13 of the European Communities (Water Policy) Regulations 2003)” The development plan should include objectives that refer to the Water Framework Directive and achieving good ecological status for all waters in line with the River Basin Management Plans and meeting the targets of the Urban Wastewater Treatment Directive. These objectives should be linked to indicators such as the status of water bodies (groundwater, rivers, lakes, estuarine, coastal, bathing, drinking waters) as reported by the EPA and the number of settlements in compliance with Urban Waste Water Treatment Directive (UWWTD). The Department is currently preparing specific planning guidelines to assist planning authorities in meeting their obligations under the Water Framework Directive. Further guidance on the formulation of policy objectives for the protection and enhancement of the environment are set out in Chapter 9 – Heritage and Landscape. Nitrogen 2020 Water Indicators Riverine inputs of nitrogen and phosphorus increasing since 2012-2014 89%56% 30% of sites have satisfactory BOD values of lakes have unsatisfactory total phosphorus concentrations are in good or high quality of sites have unsatisfactory nitrate concentrations of sites have increasing phosphate concentrations of sites have unsatisfactory phosphate concentrations Estuarine and Coastal Rivers Nutrient Trends 2013-2020 R i v e r s L a k e b i o l o g i c al q u a l i t y L a k e T o t a l P h os p h o r u s L a k e s 35%increase in loads of Phosphorus 26%increase in loads of Nitrogen G r o u n d w a t e r 24% of sites have high nitrate concentrations (greater than 25mg/l NO3) Changes in biological quality of rivers surveyed in 2019 and 2020 Phosphorus R i v e r s 345 230 of sites have increasing nitrate concentrations 38% 24%47% 29% improved in biological quality declined in biological quality 57%43% R i v e r B i o l o g i c a l Q u a l i t y U n s a t i s f a c t o r y S a t i s f a c t o r y CASE STUDY : Water Quality Monitoring Water quality monitoring in Ireland is carried out under the Water Framework Directive (WFD) and the national River Basin Management Plan. The Environmental Protection Agency (EPA) undertakes a full assessment every three years and reports on the indicators in the intervening years to provide an update on the quality of rivers, lakes, transitional and coastal waters and groundwater. To support monitoring of development plan objectives, the EPA provides county data on the WFD groundwater quality monitoring programme. Also, the EPA ‘Water Quality Indicators’ dataset reports annually on water quality and can be used as an important benchmark for changes or trends.Source: EPA Water Quality in 2020 – An Indicators Report
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Climate and Environment8.3 Mandatory Objective: Major Accidents Directive Section 10(2)(k) of the Act requires that a development plan shall include objectives for: “the control, having regard to the provisions of the Major Accidents Directive and any regulations, under any enactment, giving effect to that Directive, of (i) siting of new establishments (ii) modification of existing establishments, and (iii) development in the vicinity of such establishments, for the purposes of reducing the risk, or limiting the consequences of a major accident.” This objective relates to the EU ‘Seveso’ Directive, which lays down rules for the prevention of major accidents which involve dangerous substances, and the limitation of their consequences for human health and the environment, with a view to ensuring a high level of protection throughout the Union in a consistent and effective manner. It applies to establishments where dangerous substances are produced, used, handled or stored. The original Seveso-Directive (Directive 82/501/EEC) was later amended in view of the lessons learned from later accidents resulting into Seveso-II (Directive 96/82/EC). In 2012 the Seveso-III (Directive 2012/18/EU) was adopted taking into account, amongst other factors, the changes in EU legislation on the classification of chemicals and increased rights for citizens to access information and justice. Article 13(1) of the Directive obliges Member States to ensure that the objectives of preventing major accidents and limiting the consequences of such accidents are taken into account in their land-use and/or other relevant policies. In so doing, the Member State shall pursue those objectives through controls on: the siting of new establishments; modifications to establishments; and new developments including transport routes, locations of public use and residential areas in the vicinity of establishments, where the siting or developments may be the source of or increase the risk or consequences of a major accident. Annex 1 of the Directive identifies the substances concerned and quantities involved. The Chemicals Act (Control of Major Accident Hazards involving Dangerous Substances) Regulations 2015 (S.I. 209 of 2015, known as the ‘COMAH’ Regulations) implement the Seveso III Directive and replace the previous regulations which had implemented the Seveso and Seveso II Directives. The COMAH Regulations set out tiered controls for the operators of the establishments, meaning that the larger the quantities of dangerous substances present, the more onerous the responsibilities of the operator. This reflects the requirements of the Directive which refers to ‘upper tier’ and ‘lower tier’ establishments. The Health and Safety Authority (HSA) has been designated as the Central Competent Authority, responsible for the enforcement of the legislation, and has published a document setting out their approach to advice to planning authorities - “Policy & Approach of the Health & Safety Authority to COMAH Risk-based Land-use Planning” (2010). Local authorities are, amongst other authorities, designated as Local Competent Authorities. The National Steering Group of the Department of the Environment, Community and Local Government published ‘A Framework For Major Emergency Management: Guidance Document 10’ in October 2015 in order to outline the obligations and responsibilities of the relevant Principal Response Agencies (which includes local authorities) with regard to external emergency planning for ‘upper tier’ establishments. In the context of the requirement to include objectives for the purpose of preventing and limiting the consequences of a major accident, development plans should indicate the location and nature of establishments within the area covered by the plan. Zoning objectives relating to land in the vicinity of such establishments should take account of the need to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest. The HSA is a prescribed authority for the purposes of Sections 11, 12 and 13 of the Act. Planning authorities should pay particular attention to any technical advice supplied by the HSA, either on foot of consultation or otherwise under Article 24 of S.I. No. 209 of 2015. 99 8
- 4 9 Mandatory Objectives: Heritage & Landscape
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Heritage & Landscape9. Mandatory Objectives: Heritage & Landscape 9.1 Related Mandatory Objectives This chapter addresses a number of interrelated mandatory objectives that are grouped under the themes of ‘heritage and landscape’. Heritage can be defined as “denoting or relating to things of special architectural, historical, or natural value” and the mandatory objectives in this chapter cover the full range of heritage themes. Heritage is a valued amenity for communities, it is an important resource for economic activity, including tourism and it is crucial that development plan policy responds in a sensitive and proactive way to protecting and managing heritage. In practical terms, there are significant additional guidance documents available in this area, in relation to for example, architectural heritage, archaeological heritage and protected sites. The development plan should seek to set local objectives and to reference guidance documents and national policy, without the necessity to re-state material that is available elsewhere. In relation to designated sites, given that such sites are protected under separate legislation, development plans are best to outline overarching policy objectives. The policy objectives should also, where necessary, provide detail on protection measures and the implications for development management standards. The technical expertise of a conservation officer, archaeologist and/or a heritage officer where available is a valuable resource in the preparation of a development plan, particularly in relation to landscape and built heritage. Integrating local knowledge with best practice in these areas is a useful way to demonstrate the value of protecting and managing our built and natural heritage. As a cross-cutting subject area for every development plan, landscape is a primary consideration in achieving proper planning and sustainable development in the plan-making process. Ensuring that the landscape can accommodate the needs of people, nature and of the environment in a sustainable way is not straightforward and the development plan can play a significant role in harmonising these competing demands. Landscape in the development plan should be addressed in a way that reflects its importance, particularly the value it holds in our culture and history, our settlements and our environment. While the development plan policies and objectives are in force for a finite period, our landscapes form part of a wider legacy and the mandatory objectives set out in this chapter reflect a wider view to that effect. As set out in Chapter 2, in preparing for a development plan review, planning authorities should consult with adjoining planning authorities in relation to a number of matters including landscape. Where natural features are shared and administrative boundaries are immaterial, policies should reflect a common approach to avoid unnecessary conflicting policies being adopted. 101 9
- 9.2 Mandatory Objective: Heritage Section 10(2)(c) of the Act provides that a development plan shall include objectives for: “(c) the conservation and protection of the environment including, in particular, the archaeological and natural heritage and the conservation and protection of European sites and any other sites which may be prescribed for the purposes of this paragraph; (ca) the encouragement, pursuant to Article 10 of the Habitats Directive, of the management of features of the landscape, such as traditional field boundaries, important for the ecological coherence of the Natura 2000 network and essential for the migration, dispersal and genetic exchange of wild species” 9.2.1 Archaeological Heritage Development Plan policy on archaeological heritage should be framed around the “Framework and Principles for the Protection of the Archaeological Heritage” (1999) which sets out national policy and broad principles for the protection of the archaeological heritage. It states that the planning process: “is an essential mechanism for ensuring the protection of the archaeological heritage and is indeed, often the primary means of doing so.” The Framework provides guidance to planning authorities on the relevant sources of archaeological data, the overall approach to be applied to archaeological heritage in the context of development and the protection of archaeological monuments and areas as well as public access to those monuments that are in national ownership. The principles set out in the document provide a framework for the formulation of appropriate policies for inclusion in development plans. As many sites and objects await discovery, development plans should, insofar as is possible, include an objective that aims to protect archaeological sites that are not yet identified and protected under the National Monuments Acts. Specific objectives for existing World Heritage Sites and those included on Ireland’s tentative list should be included in the development plan, referencing the relevant Management Plan and incorporating any relevant objectives where appropriate. In terms of illustrating the archaeological heritage, Recorded Monuments should, as far as practicable, be included on the appropriate maps in the development plan. Where possible, planning authorities should seek to integrate the GIS datasets that are made available by the National Monuments Service, with their online development plan maps. The development plan should outline the measures the planning authority proposes to take in cases where a proposed development includes a Recorded Monument or Place within the land-holding, including requirements to commission an archaeological assessment and the basis on which a buffer area, where appropriate, to preserve the setting of the site is to be defined. 9.2.2 Natural Heritage Policies and objectives in the development plan should have regard to a number of national policy initiatives. A broader national policy on heritage – ‘Heritage Ireland 2030’ is under preparation to integrate national heritage policy principles into an overall strategy and will inform heritage policy at the local level. The ‘National Biodiversity Action Plan’ 2017-2021 sets out the extent to which local authorities will play a key role in biodiversity conservation through the planning system, the wide range of environmental services they provide, the network of biodiversity and heritage officers and the Local Authority Water and Communities Office and their implementation of plans and programmes. County-level Biodiversity and Heritage Action Plans are the appropriate policy framework for addressing these issues and the development plan objectives should be developed to support these Action Plans. Development Plan Guidelines for Planning Authorities | 102 Mandatory Objectives: Heritage & Landscape | 9
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Heritage & Landscape 103 9 9.2.3 Protected Areas The EU Habitats Directive (Directive 92/43/EEC)17 and the Birds Directive (Directive 79/409/EC)18 form the cornerstone of Europe’s nature conservation policy. They are built around two pillars: (i) the Natura 2000 network of protected sites (called Special Areas of Conservation in the Habitats Directive, and Special Protection Areas in the Birds Directive); and (ii) systems for the protection of species outside those protected areas. A comprehensive network of protected areas has been established in Ireland in recent years. This network is made up of sites of European importance (Special Areas of Conservation and Special Protection Areas) known collectively as European Sites and also sites of national importance (including proposed Natural Heritage Areas (pNHAs), Natural Heritage Areas (NHAs) and National Nature Reserves (NNRs)). The development plan should be prepared in accordance with the Strategic Environmental Assessment (SEA) Planning Guidelines (2022) and ‘Appropriate Assessment of Plans and Projects in Ireland - Guidance for Planning Authorities’ (2010), or any updated guidance to be published by the Department. The EU Directive on Habitats (92/43/EEC) aims to create a network of protected wildlife sites in Europe through the designation of Special Areas of Conservation (SAC) and Special Protection Areas (SPA) - collectively known as European sites. It is a requirement of the Directive and implementing legislation to carry out an Appropriate Assessment on any plan or project that is likely to have a significant effect on a European site. 9.2.4 Nature Conservation While protected areas cover a significant part of the country, the majority of the country lies outside of this network. There are many other sites which are of local importance for flora and fauna. Local authorities have an important role to play in preventing the loss of such sites and the species which rely upon them for their survival. Development plans should identify such sites of local ecological importance and endeavour to secure their protection. Any development on or near such sites should avoid any significant adverse impact on the features for which the site is considered to be of local importance. Features in the countryside such as hedgerows, river corridors, ponds and small stands of trees etc. provide important habitats for a variety of species. Development plans should seek to address the loss of such features in line with the National Biodiversity Plan’s commitment to no net loss of biodiversity.
- Development Plan Guidelines for Planning Authorities | 104 Mandatory Objectives: Heritage & Landscape | 9 9.3 Mandatory Objective: Protection of Structures and Preservation of the Character of Architectural Conservation Areas 9.3.1 Architectural Heritage Policy Section10 (2)(f) of the Act provides that a development plan shall include objectives for: “the protection of structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.” Section 10(2)(g) of the Act provides that a development plan shall include objectives for: “the preservation of the character of architectural conservation areas.” The Architectural Heritage Protection Guidelines (originally published in 2004) provide guidance to planning authorities on the application of Part IV of the Planning and Development Act (2000) as amended and deal with protected structures and Architectural Conservation Areas in considerable detail and this should be the starting point for development plan policy on architectural heritage protection. A number of key national policy documents pertaining to archaeology and built heritage are recently published or under preparation/review including: • Heritage Ireland 2030; • the Climate Change Sectoral Adaptation Plan for the Built and Archaeological Heritage. • The Built Vernacular Strategy; The development plan should support the holistic integration of heritage-led strategies to deliver key infrastructural projects such as the upgrade of public spaces, the adaptation of vacant buildings, the heritage-led regeneration of urban sites and the adaptation of vacant or redundant town buildings to provide housing. Heritage policy has a key role in town and village revitalisation. Specific policies should focus on the identification of archaeological and built heritage and its role in urban regeneration. Key objectives for the protection of built heritage character, include high quality repair and intervention, the reuse of urban buildings and understanding of their historical context with appropriate infill to their character and scale should form part of wider regeneration policies for urban centres. 9.3.2 Record of Protected Structures Section 51 of the Act specifies that, for the purpose of protecting structures or parts of structures which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, every development plan shall include a Record of Protected Structures. This should be developed with reference, where possible, to the National Inventory of Architectural Heritage (NIAH), being published by the Department on a phased basis and available at www.buildingsofireland.ie, and the Minister’s recommendations derived from the NIAH under section 53 of the 2000 Act on inclusions in the planning authority’s record of protected structures. The Architectural Heritage Protection Guidelines identify further potential sources of information. The ‘Record of Protected Structures’, which will have gone through several iterations of county development plan review processes over the last twenty years, will not be a complete record and new elements of architectural heritage will be brought to light during the plan-making process. The development plan review will likely provide the opportunity to consider additions or deletions to/from the RPS.
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Heritage & Landscape 105 9 9.3.3 Architectural Conservation Areas The designation of Architectural Conservation Areas is also provided for under the Act. Section 81 of the Act sets out that 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 (a) is of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest or value, or (b) contributes to the appreciation of protected structures. In applying the provisions of Section 81 of the 2000 Act, the main elements to be considered for incorporation in the development plan are: • An overview statement indicating that it is the policy of the planning authority to protect the built heritage within an area or in the settings of protected structures, through the designation of appropriate Architectural Conservation Areas. • A commitment to taking such steps as are necessary to ensure the preservation of the special character of such areas. • An indication that consideration will be given to drafting and adopting Areas of Special Planning Control for specific parts of Architectural Conservation Areas. • Promotion of local initiatives to underpin the preservation of the special character of such areas. An Architectural Conservation Area may consist of groupings of buildings and streetscapes and associated open spaces. The protected status afforded by inclusion in an ACA only applies to the exteriors of structures and features of the streetscape. It does not prevent internal changes or rearrangements provided that it does not impact on the external appearance of the structure. There may be scope, in certain circumstances, for considering the designation of an ACA, as an alternative conservation approach to the listing of groups of protected structures. Planning authorities should also explore the potential for the Architectural Conservation Area (ACA) as a mechanism to enhance and protect the character of an area by considering how new uses can be reintroduced to buildings within such areas, as part of the wider regeneration agenda consistent with the Town Centre First policy. It is recommended that the Record of Protected Structures and list of Architectural Conservation Areas (ACAs) should be specifically titled as such and included in an Appendix to the plan as well as being included on the accompanying development plan maps. The background material relating to ACA designation, setting out the character appraisal and policy framework for the area, should be available to view for the public, although it shouldn’t necessarily form part of the development plan suite of documents.
Source Department of Housing, Local Government and Heritage: Development Plans: Guidelines for Planning Authorities (June 2022) · Licence the publisher's termsText read from the publisher’s PDF; tables, maps and drawings do not survive as text, and page numbers are the PDF’s (its first page is 1). Check the original before relying on a passage.