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
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- Development Plan Guidelines for Planning Authorities | 106 Mandatory Objectives: Heritage & Landscape | 9 9.4 Mandatory Objective: Amenities (Natural Features) Section 10(2)(j) of the Act provides that a development plan shall include objectives for: “the preservation, improvement and extension of amenities and recreational amenities.” The definition of ‘amenities’ is potentially quite broad, ranging from natural amenity assets such as parks, open spaces, green infrastructure, greenways etc and also social and community facilities. This section addresses the ‘natural features’ definition of amenities. Part XIII of the Act deals with amenities and focusses on the natural aspect of the definition, making provision, inter alia, for: i Areas of Special Amenity; ii Landscape Conservation Areas; iii Tree Preservation Orders; and iv Public Rights of Way. Part IV of the First Schedule to the Act also refers to amenities and includes provision for landscape protection; preservation of public rights of way; provision of public open space; provision of recreation space, including space/places for children to play; and, control of roadside advertisement structures. The requirements of the planning authority for public open space and recreation space provision in connection with development proposals, particularly residential development, should be set out in the development plan. The planning authority’s own specific objectives in this regard should also be indicated. Rather than include policies that have a vague or aspirational intent, planning authorities should provide a clear evidence base for open space and recreation space policies. This evidence base could be provided in the form of an ‘Open Space Strategy’ or a more broad-based, ‘Green Infrastructure Strategy’ which should include a detailed audit of existing open space provision across the local authority area. The important role that such networks can play in addressing climate change is set out in Chapter 7 above. A number of local authorities in recent years have produced good examples of ‘Open Space Strategies’ and ‘Green Infrastructure Strategies’ which, following detailed audits and gap analysis, have led to ‘Open Space Accessibility Standards’ - effectively targets for optimum accessibility from homes for each type of public open space in a local authority area. These strategies can be valuable in informing development plan policy in relation to the requirement for new open space provision, particularly in new development areas. Protected landscapes play an important role in providing active outdoor amenities and also acting as carbon sinks. Furthermore, there is also a role for these landscape designations to provide ‘strategic green corridors’ which provide for development buffers and pathways for biodiversity.
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Heritage & Landscape 107 9 9.5 Mandatory Objective: Landscape Character, Views and Prospects Section 10(2)(e) of the Act requires that a development plan shall include objectives for: “the preservation of the character of the landscape where, and to the extent that, in the opinion of the planning authority, the proper planning and sustainable development of the area requires it, including the preservation of views and prospects and the amenities of places and features of natural beauty or interest.” The preservation of the character of the landscape can be secured in various ways, including: i Zoning designations as set out in the development plan; ii Amenity designations as set out in Part XIII of the Act; and iii Other statutory and non-statutory designations including EU and international designations. Zoning Designations Planning authorities can use zoning designations in the development plan as a means of protecting scenic landscapes, amenities and areas of ecological value. Areas so designated are commonly known as ‘Areas of High Amenity’ or ‘Areas of High Scenic Quality’. Within such areas, landscape character is preserved, generally through the application of development management policies, supported in some cases by positive measures to upgrade particular locations or features. Prior to the inclusion of those zones in a development plan, planning authorities should carry out an assessment of the landscape character of the area (related to 10 (2)(p)). Part XIII makes provision for local authorities to designate: • Areas of Special Amenity (Section 202) Areas of Special Amenity relate to areas of outstanding natural beauty or special recreational value and are thus not confined solely to preservation of landscape character. Landscape Conservation Areas may be designated for the purposes of preservation of the landscape, whether natural or designed. Both of the above designations are subject to a requirement for public consultation. Areas of Special Amenity must be confirmed by An Bord Pleanála. Separate procedures to the development plan adoption process are involved in the designation of these areas. However, designations that are either proposed or confirmed should be included in development plans. Their protection will be achieved by managing the development process, and on occasion by controls over development proposals that would have significant adverse impacts. • Landscape Conservation Areas (Section 204) Part IV of the First Schedule to the Act also refers to amenities and includes provision for landscape protection; preservation of public rights of way; provision of public open space; provision of recreation space, including space/ places for children to play; and, control of roadside advertisement structures. The requirements of the planning authority for public open space and recreation space provision in connection with development proposals, particularly residential development, should be set out in the development plan. The planning authority’s own specific objectives in this regard should also be indicated. Other Designations There are a large number of other designations, both statutory and non-statutory, which protect the character of the landscape. While a number of these have as their primary focus the protection of flora, fauna or habitat, they also act to protect the landscape. They originate with agencies other than the local authority and some have EU or other international agency foundations. An example in this regard would be a World Heritage Site recognised by UNESCO. The planning system, through the application of appropriate policies, has a key role to play in their implementation. They should therefore be included in development plans and appropriate policies formulated for their protection. In addition to the above, the objective also refers to the preservation of views and prospects and the amenities of places and features of natural beauty or interest. The role of the development plan in this regard is to identify these and include appropriate policies for their protection. The inclusion of views and prospects will be supported with visual evidence and must relate to views and prospects of strategic importance to the administrative area of the Local Authority. In this regard, consultation with adjoining local authorities is required to establish where views and prospects are shared and to develop a common policy approach.
- Development Plan Guidelines for Planning Authorities | 108 Mandatory Objectives: Heritage & Landscape | 9 9.6 Mandatory Objective: Rights of Way Section 10(2)(o) of the Act requires that a development plan shall include objectives for: “the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan.” The legislation requires each development plan to include an objective for the preservation of public rights of way that give access to places of natural beauty or utility and for such rights of way to be listed in an appendix and identified on development plan maps. The identification of a public right of way requires verification and the burden of proof rests with the local authority. Whilst there are varying examples from local authorities of the level of detail provided as part of fulfilling this objective, local authorities should endeavour to identify and list public rights of way as they come to the attention of the planning authority. In addition to the requirement set out in Section 10(2)(o) of the Act, there are a number of mechanisms that the local authority can use to secure the development of improved access to the countryside and amenities besides this statutory process. The ‘permissive access mechanism’ described in Circular Letter PL 5/2015 can complement the statutory development plan objective and can deliver an integrated approach to combining agreed ways and trails with public rights of way statutorily defined in the development plan. This approach has the potential to extend the amenity and recreational offer, and as such provides better access and improved connectivity throughout a local area or the wider county area. The overall combined approach, providing an inventory of permissive access routes in addition to rights of way, represents a best practice approach. Public Rights of Way and the Local Authority Development Plan A Survey Report on the Operation of Section 10(2)(o) of the Planning Act June 2021 OPR Case Study Paper CSP01 CASE STUDY : OPR Public Rights of Way Report Public rights of way (PROWs) are essential amenity and recreational facilities which have seen increased demand for access since the COVID-19 pandemic. Local authorities are also required to include information in their development plans on the extent of PROWs in their areas, including lists and maps. The Office of the Planning Regulator (OPR) produced a research paper that identifies good practice for local authorities in managing and recording PROWs in their plans. The OPR study provides details of good practice approaches used by local authorities in meeting their statutory requirements. The study highlights examples such as Slí 2040: County Carlow’s outdoor recreation vision for 2040, which provided input to the draft Carlow County Development Plan 2022-2028 and is based on collaboration with landowners and communities. The Meath County Development Plan 2013-2019 provided locational detail on 24 PROWs, while counties such as Kerry, Sligo and Wicklow also identified PROWs that provide access to the seashore in popular coastal settings. The permissive access approach, which complements statutory development plan objectives, has seen an extensive network of walks, ways and trails being provided including the development of long distance trails and greenways in recent years. Further information is available via the OPR’s publication 'Public Rights of Way and the Local Authority Development Plan'.Source: Office of the Planning Regulator www.opr.ie
- | Development Plan Guidelines for Planning Authorities | Mandatory Objectives: Heritage & Landscape 109 99.7 Mandatory Objective: Landscape Protection and Management Section 10(2)(p) of the Act requires that a development plan shall include objectives for: “landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000.” The traditional view of landscape related to places, which are generally rural and of scenic beauty. The European Landscape Convention definition introduced the concept of landscape as a dynamic system, the result of the action and interaction between natural and human factors. Planning authorities will need to consider the variety of landscapes when drafting this objective including the countryside, urban, peri-urban and rural areas, encompassing land, inland waters, coastal and marine areas. The development plan offers the opportunity to distinguish between every-day and degraded landscapes, as well as those that are considered to be exceptional. In drafting this objective, planning authorities should ensure that policies relating to landscape use are complementary and mutually reinforcing and that conflicting policy objectives are to be avoided. Planning Authorities will also need to consider the National Landscape Strategy (2015-2025) in drafting this objective and any future emerging National Landscape Character Assessment. Most local authorities undertake landscape character assessment to assist in the determination of policies for the development plan.
- 4 10 Plan Implementation Monitoring and Reporting
- | Development Plan Guidelines for Planning Authorities | Plan Implementation, Monitoring and Reporting10 Plan Implementation, Monitoring and Reporting 10.1 Delivering the Development Plan It is critical to the success of the development plan that it is a continuous and on-going undertaking from preparation and adoption of the plan to implementation and delivery of the plan objectives. The actions subsequent to the adoption of the development plan – implementation and the related monitoring and reporting tasks, are aspects of the plan-making process that are required to ensure that the desired objectives of the plan are achieved. It is recommended that a scenario where the development plan process effectively ends with the making of the development plan and with the entire development plan team reallocated to other planning roles, should not occur. The planning authority must instead ensure that there remains a significant corporate focus on the ongoing implementation of the development plan, as the key strategic plan for the development of the area. As outlined in chapter 2 above, there must be a plans and policy team within the planning authority that is responsible for the monitoring of the adopted development plan, in a timely and structured fashion, with the overall aim to analyse and consider if the plan is progressing satisfactorily towards the implementation of its objectives. Ensuring resources and establishing systems to effectively perform this monitoring and analysis function is therefore a key responsibility of the planning authority. In this regard, a new approach to plan implementation and monitoring is required. In order to achieve this, it is essential that the policies and objectives of the development plan, particularly where they deal with core land-use planning and development issues, should be framed in a manner that they can be implemented, monitored and evaluated. An effective development plan process will involve a positive cycle of policy development with measurable indicators formulated, implementation activities led by the local authority, monitoring, reporting and policy analysis. Policy development Indicators/Metrics Implementation Measures Monitoring of Indicators Plan Reporting/Evaluation/Policy Refinement 111 10
- 10.2 Plan Implementation As emphasised in these Guidelines, the development plan is the key strategy to structure the development of a local authority area over the six-year statutory time period of the plan. It seeks to address the physical, economic, social and environmental needs of the community, in terms of supporting structured new development, enhancing valued assets and amenities and protecting the environment. The implementation of the development plan is a key strategic focus for the local authority and requires a concerted range of actions by the entire organisation in order to be successfully implemented. The local authority will need to utilise its wide range of statutory powers and responsibilities to achieve the objectives of the development plan. While ensuring that decisions on proposals for new development are consistent with the development plan through the development management system is critical, local authorities have also a wide range of functions in housing, transport, development of amenities, economic development, infrastructural delivery and community involvement that can enable it to implement the development plan in practice. In relation to housing and the housing strategy in particular, simply zoning lands for residential development will not activate delivery of housing in the right place. The implementation phase, therefore, necessitates proactive measures to be taken to enable the housing outlined in the core strategy to be realised and for it to align with policies such as the regeneration of towns and compact growth. Ensuring that infrastructural programmes are developed and progressed in tandem with state agencies and other infrastructure providers is also essential. The local authority must ensure that its organisational capacity and resources are deployed to support implementation tasks of the development plan. Project Ireland 2040 integrates planning and investment through the NPF underpinned by capital investment in the National Development Plan (NDP), and the four NDP funds focussed on Rural and Urban development, Climate Action and Disruptive Technologies. The local authority must endeavour to attract state and other investment programmes to support the implementation of the objectives of its plan. For example, development plans that focus on objectives to address the regeneration of town and areas of towns that are in decline can seek to access national funding programmes for urban and rural regeneration. The ‘Town Centre First’ policy also supports plan-led development through a targeted investment programme, including through the Rural Regeneration and Development Fund (RRDF), Urban Regeneration and Development Fund (URDF) and other dedicated funding streams to tackle vacancy and dereliction. Linking Planning and Investment Development Plan Guidelines for Planning Authorities | 112 Plan Implementation, Monitoring and Reporting | 10
- | Development Plan Guidelines for Planning Authorities | Plan Implementation, Monitoring and Reporting10.3 Plan Monitoring In order to assess the success with which the development plan is being implemented, planning authorities will need to establish a frequent, reliable and ongoing monitoring system for their development plan as a permanent function. The monitoring task of the planning authority for its development plan comprises of two strategic monitoring elements: (a) Core Strategy Monitoring (b) Plan Objectives Monitoring (including SEA Monitoring) 10.3.1 Core Strategy Monitoring (Annual) The development plan has a primary role in land use and spatial development policy and in particular regarding the provision of new housing development. The monitoring role must provide a focus on development patterns occurring under the settlement strategy of the development plan and the tracking of the nature of new development that is occurring. It is therefore critical that these planning and development trends are reported on and analysed spatially, with accompanying mapping, to illustrate the development trends being experienced at settlement level and to assess the consistency of such trends with the agreed housing and population targets as set out in the core strategy of the development plan. The data required for successful monitoring will be a mixture of information readily available in the local authority (e.g. from the development management function) and from externally/independently provided sources (e.g.CSO). This ‘Core Strategy Monitoring’ is to occur annually and include the following indicators: Indicator Residential 1. New home completions (including through refurbishment/conversions) 2. New home completions per NPO 3 (see below) 3. Planning permissions granted for residential development with: (i) A breakdown of 1, 2 ,3 and 4+ units permitted and (ii) A breakdown per Tier 1 and Tier 2 lands 4 Breakdown by relevant rural area type of rural housing: (i) Planning Applications lodged (ii) Breakdown in decisions (iii) New home completions Commercial 5 Developed and occupied commercial floorspace 6 Planning permissions for business/employment uses (m2 of development) for: (i) Office (ii) Industrial (iii) Retail (iv) Warehousing/Logistics Settlement Consolidation Sites 7 Specific reporting on the progression of the Settlement Consolidation Sites identified in the development plan. This should include information on enabling infrastructural services delivery, planning permissions granted, housing constructed, funding applications made, project timelines, Vacant Site Levy commentary, etc. This information is be provided both on a settlement basis and overall planning authority area basis with accompanying digital maps that satisfactorily illustrate the spatial trends in development. It is a policy and objective of these Guidelines that an ‘Annual Development Plan Monitoring Report’ containing this key information is assembled by the planning authority and made available to to the elected members. It shall be published thereafter including on the website of the planning authority. See also Chapter 3 for further information on baseline data collection at the preliminary stage of the plan making process, which may also inform plan monitoring and reporting. 113 10
- 10.3.2 Plan Objectives Monitoring (Two-yearly in line with 10.4 below) As outlined in Chapter 5, the development plan process should formulate plan objectives that are SMART (Specific, Measurable, Assignable, Realistic and Time-related) and thereby facilitate their monitoring over the lifetime of the plan. Each development plan will therefore have a set of objectives that are particular to it and are required to be monitored and reported on. However, these must include: • Indicators that are that aligned with reporting for other related national policies (e.g. climate change, water quality, etc) or for the purposes of monitoring the SEA. The monitoring of the significant environmental effects of the implementation of the plan is a statutory requirement of the SEA Directive and the planning authority shall refer to the EPA’s guidance document ‘Guidance on Strategic Environmental Assessment (SEA) Statements and Monitoring’2824 and any future review. For further information on SEA monitoring see also the Strategic Environmental Assessment Guidelines prepared by the Department of Housing, Local Government and Heritage; • Additional/supplementary indicators can be identified and utilised by the individual planning authority for specific objectives. 10.4 Reporting on the Development Plan Additional to the on-going monitoring of development trends and spatial patterns by the planning authority annually, there are two instances where there is a requirement for a more formal development plan report to be produced which details progress on the specific objectives set out in the development plan: (i) The Two Year Progress Report by the Chief Executive on the development plan in accordance with Section 15(2) of the Act; (ii) The Baseline Report as outlined in chapter 2 above, published as the evidence base for commencing the review procedure for the development plan not later than four years after its adoption. Baseline information may also inform the formal reporting process. These reporting requirements for planning authorities should comprise an analysis of the annual plan monitoring data and also of the progress to achieving identified development plan objectives. These two formal reporting exercises will allow the planning authority to establish the status of the effectiveness of the development plan in meeting its stated objectives. The Chief Executive’s report must specifically include information in relation to progress on, and the results of, monitoring the significant environmental effects of implementation of the Development Plan. This report must include the results of SEA monitoring for the Development Plan, as well as variations to the Plan and the effects of implementing Local Area Plans29.25 Consideration may be given to the presentation of indicators for monitoring and reporting in accessible digital formats, which can be adapted as more data becomes available. 28 https://www.epa.ie/publications/monitoring--assessment/assessment/EPA_Guidance_web.pdf 29 Article 13J of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), as amended Development Plan Guidelines for Planning Authorities | 114 Plan Implementation, Monitoring and Reporting | 10
- | Development Plan Guidelines for Planning Authorities | Plan Implementation, Monitoring and Reporting10.5 Measuring Spatial Development Patterns The location of existing and new development is a central focus of the development plan and the wider planning function of a planning authority. An understanding of where and to what extent development is occurring is a key requirement to be undertaken by the planning authority. In particular, the observed trends in residential development need to be presented spatially in order to facilitate an assessment of the national spatial policy objectives of the NPF. Specifically, in order to pursue the compact growth objective and ensure the required re-orientation of a sufficient proportion of the new housing development into our settlements, the NPF has set specific National Policy Objectives with requirements for the % of new homes to be delivered within our settlements: National Policy Objective 3a Deliver at least 40% of all new homes nationally, within the built-up footprint of existing settlements National Policy Objective 3b Deliver at least half (50%) of all new homes that are targeted in the five Cities and suburbs of Dublin, Cork, Limerick, Galway and Waterford, within their existing built-up footprints National Policy Objective 3c Deliver at least 30% of all new homes that are targeted in settlements other than the five Cities and their suburbs, within their existing built-up footprints The appropriate settlement boundary for measuring the extent of such housing growth is specifically identified in the NPF as the ‘Urban Settlement’ boundary as defined by the CSO. This boundary will be the policy tool utilied to monitor the delivery of new housing against the requirements of NPO 3a-c. Therefore new homes provided inside this defined boundary will count towards delivering the minimum thresholds identified in the NPOs. New dwellings created through the refurbishment/conversion of existing buildings are also reckonable towards this minimum threshold figure. The measurement of compact housing growth under NOP 3a-c will be a key performance indicator of a development plan to assess the satisfactory implementation of the NPF at a city or county scale (as noted in section 10.3.1 above). There are significant digital spatial data systems now available to assist the planning authority in recording, collating, analysing and representing spatial information and the provision and development of these capabilities is now a critical requirement. The Department of Housing, Local Government and Heritage will continue to provide structured support in the capture, storage and analysis of spatial data related to planning. Further system, process and technological improvements are programmed to deliver standardised planning data on a planning authority, regional and national level to provide comprehensive NPF spatial policy monitoring. CASE STUDY : Plan Implementation and Monitoring The Myplan.ie web map portal provides a range of spatial information including the National Planning Application Database (NPAD), flood mapping, etc. Open Data from Myplan can be accessed directly on www.data.gov.ie for reuse and redistribution. Further system, process and technological improvements include a Housing Delivery Tracker to monitor the delivery of new housing against Housing Supply Targets in city and county development plans, which will incorporate housing completions data at settlement-level from CSO. A Regional Development Monitor is also being developed by the Regional Assemblies, which will publish key indicators across a range of themes aligned to the RSES and NPF. Source: DHLGH myplan.ie 115 10
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.