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 | 16 Plan Preparation | 2 2.4.1 Communications Approach To further support the basic legislative requirements and to reflect more modern means of communication, it is recommended that a communications strategy/approach is agreed within the local authority before the review commences, that considers the following: • Obligations set out in legislation; • Interaction with the public; • Advertising approach; • Interaction with the media (tv, newspaper, radio). • Accessible formats; • Online presence and interaction; • Management of Social Media; • Translation, and; • Environmental footprint. A well thought out communications approach to a development plan preparation process will ensure transparency, raise wider awareness and generate discussion and debate of the relevant issues. The range and variety of consultation methods employed by each local authority to engage with the public will require supporting resources. A good example of this is where a local authority has the capacity to formally launch the review of a plan to enhance media coverage and generate additional interest, supported by the wider corporate policy team. There are other measures that can work well to increase awareness including the production of an electronic or written newsletter that may be issued periodically to provide an update on the review. The planning authority will be reliant on Corporate Services and ICT departments of the local authority to devise the strategy as well as to deliver it. The overall objective is to ensure that information on the development plan is up-to-date, readily available and can be easily accessed by members of the public throughout the review process. CASE STUDY : OPR Communications Toolkit The Office of the Planning Regulator (OPR) compiled a toolkit as an aid to local authorities to encourage public participation in the development plan process. It draws on existing good practices by local authorities who embraced the potential of various media platforms to reach a wider audience and increase public engagement in their plan making process. As demand for digital services continues to increase, planning authorities need to engage with people effectively online as well as using traditional forms of public consultation. The toolkit is a simple non-technical resource for local authority staff that highlights remote methods of communication which may be used to encourage greater participation in local decision making. With digital engagement, there is the opportunity to capture new audiences and a more representative crosssection of people who may not have historically engaged with planning processes. The toolkit sets out a range of actions for traditional media engagement as well as digital and interactive methods of public consultation such as webinars, virtual consultation rooms, and online portals. It is available on the OPR website www.opr.ie Source: Office of the Planning Regulator
- | Development Plan Guidelines for Planning Authorities | Plan Preparation 17 2 2.4.2 Online Presence An online presence of the development plan preparation process can often be the single most accessible way to retrieve information about the review from one place. Having the development plan review available to view online from the outset of the process allows access to information and updates as well as participation in the process. Local authorities can consider how best to develop an online presence either through or linked to the home website of the council. A dedicated online portal for the development plan review can provide a useful interface for accessing and updating information as well as interacting with the different stages of the plan review process, including the viewing of and making of submissions online. Accepting, recording, storing and responding to online submissions requires careful consideration and must be supported by ICT technical expertise. In addition to the core material of the review being available to access online, the promotion and awareness raising associated with a review process can be further supported through social media presence. Again, local authorities may use social media platforms to share information. The production of audio-visual material such as videos may prove a useful aid to assist in summarising the issues for consideration during stage 2, setting out the main points of what the draft plan includes at stage 3 and/or advising on how to engage in the submissions process as part of public consultation. The use of online and social media platforms does not alone replace or substitute the provisions of the Planning Act in relation to notifications and issuing of plan documentation material. It is the case that the option of on-line public consultation is provided for at the initial pre-draft consultation stage at the outset of the process, but it is recommended that in normal circumstances, at least one or more public meetings also be held to facilitate the greatest possible level of participation. The extent to which this may be necessary should be considered in consultation with the elected members and form part of the public consultation strategy. Once the development plan is adopted, it should continue to have a dedicated online presence where information can be supplied and updated, such as any variations to the plan and the monitoring and evaluation processes. In relation to data protection as it applies to each of the public consultation stages, each local authority should be aware of their obligations under the Data Protection Acts 1988 -2018 (as amended) and the General Data Protection Regulation (GDPR). As required under Article 13 GDPR, local authorities should ensure that they inform individuals about the processing of personal data at each consultation stage. This could be done through a Privacy Statement that is provided to anyone making submissions or observations as part of the development plan review process. More information on the requirement to provide transparent information when processing personal data can be found on the website of the Data Protection Commission. Source: Dún Laoghaire Rathdown County Council Virtual Webroom
- 18 Plan Preparation | 2 2.5 Stakeholder Engagement It is important that the development plan is considered with due regard to the policies and programmes of government departments and agencies, including in particular investment programmes. It is the responsibility of the planning authority to ensure national policy and programmes are fully considered, including through direct engagement with the relevant stakeholders at an early stage in the process. Consultation with key stakeholders should be arranged during the Preliminary Stage (Stage 1 ), before formally inviting submissions at Pre-Draft Stage (Stage 2). See also Chapter 3 – Stages in the Plan Making Process. In line with Section 11(3) of the Planning Act the planning authority shall consult with the providers of energy, telecommunications, transport, other relevant infrastructure as well as providers of education, health, policing and other services. While many of the providers are listed as prescribed bodies, the planning authority must also undertake additional engagement to further discuss how best to reflect sectoral priorities as they apply to the planning authority’s administrative area. For example, relevant transport elements of the development plan should be considered in consultation with the National Transport Authority (NTA) and Transport Infrastructure Ireland (TII) in order to develop a clear understanding of the strategic development options for transport/access and movement that are available at the outset of the process. Key stakeholders for flooding and water management include the OPW and Irish Water. Water Services Infrastructure A key task in preparing development plans is ascertaining the position with regard to water services provision. Engagement between Irish Water and planning authorities throughout the process of preparing development plans is therefore critically important. Plans set the context for local planning decisions, the phasing of development and the servicing needs of an area and as such, should be informed by up-to-date information and the views of Irish Water at each stage of the plan review process. Irish Water should also have regard to development plans in the preparation their strategies and investment plans. The planning authority must therefore engage with Irish Water prior to the formal review process commencing i.e. during Stage 1, before the publication of the public notice. A ‘Statement of Capacity’ will be provided by Irish Water for each individual local authority containing the broad strategic water and waste water capacities present (both at county and at settlement level) and the relevant infrastructural investments programmed by Irish Water in its Investment Plan. Heading?????? Development Plan Guidelines for Planning Authorities |The ‘Statement of Capacity’ issued by Irish Water at Preliminary Stage shall include the following information: • Wastewater treatment plant (WWTP) treatment capacity available at settlement level – relative to current demand; • Water supply treatment capacity available at Water Resource Zone/Water Supply zone level and the settlements that are served - relevant to current demand; • Major known constraints in relation to networks in key settlements; • Spatial extent of current networks captured in IW GIS (in agreed format/extent); • Indication of general areas of the settlement which would be challenging to service within the life of the plan based on current assets (focusing mainly on urban areas); • Planned upgrades of treatment capacity or major network constraints with available time lines indicated – from current Capital Investment Plan. Irish Water statutory commentary at Pre-Draft, Draft and Proposed Alteration Plan Stages shall appropriately include: • Confirmation of WWTP Treatment capacity available at settlement level – relative to current demand and planned core strategy; • Confirmation of Water Supply treatment capacity available at Water Resource Zone/Water Supply zone level and the settlements that are served - relevant to current demand and planned core strategy; • Major known network constraints in key settlements; • Planned upgrades of treatment capacity, major network constraints and planned network extensions with timelines indicated – from current Capital Investment Plan/programmes; • High-level review of zoning proposals in settlements including availability of network in proposed zoned areas, indication of areas of the settlement that may be challenging to serve within the life of the plan. Irish Water Statement of Capacity Irish Water Statutory Consultation
- | Development Plan Guidelines for Planning Authorities | Plan Preparation 19 2 2.5.1 Provision for Education In a similar manner, planning authorities should ensure co-ordination with the Department of Education in relation to school provision to serve new or future residential areas. Engagement in relation to schools provision as part of the plan review process shall take place ahead of the formal plan review commencing and should seek to identify the need for new schools as well as the expansion of existing schools. 2.5.2 Role of the Regional Assembly The Planning and Development Act 2000 (as amended) requires that all city and county development plans and variations are consistent with the relevant Regional Spatial and Economic Strategy (RSES). The Regional Assembly will then consider whether the draft is consistent with the RSES and can issue formal recommendations to the relevant local authority where necessary as to what amendments, in the opinion of the Regional Assembly, are required in order to ensure that the development plan is consistent. The planning authority and the Regional Assembly should engage throughout the plan preparation process to ensure that regional-level policy and objectives are clearly incorporated into the development plan process from the outset. In the interest of a concise legible plan, the focus should be on policy consistency rather than the inclusion of repetitive material/text of higher level policies in the development plan. PA DecisionSI Decision Locl Authority Housing Strtegy Retil Strtegy Socil & Economic Pln Cpitl Progrmme EU Directives Plnning Act Ministeril Guidelines Cpitl Progrmmes Applic tion to Pl nning Authority (PA) An Bord Ple nl (Str tegic Infr structure) (SI) Str tegic Housing Development Pl nning Applic tions Estblishes Policy Context for... Ntionl Plnning Frmework Regionl Sptil & Economic Strtegies Develpment Plns Locl Are Plns (Including Core Strtegy) NATIONAL REGIONAL LOCAL Assessment of nd decisions on development proposls EU, Ntionl Legisltion & Policy ABP decision to gr nt/refuse Appe l? IRISH PLANNING SYSTEMAn Overview Source: National Planning Framework
- Development Plan Guidelines for Planning Authorities | 20 Plan Preparation | 2 2.6 Adjoining Planning Authorities The policies and objectives of adjoining planning authorities must also be considered and where appropriate, reflected in the development plan. While the administrative area of each city and county sets the geographic parameters for the statutory applicability of the plan, in reality, environment and settlement don’t align with such boundaries. There are many examples where it is evident that a co-ordinated joint approach across administrative boundaries would create more effective land-use policy. In particular, careful consideration should be given to locations where the established geographic extent of towns and other settlements extends across two or more local authority areas. There are many locations where local authority administrative boundaries cut across well-established large and/or significantly expanded settlements, some of which are defined by a natural geographical feature like a river. To a varying extent, this applies to all five cities and their suburbs, as well as to many towns of all sizes, including Athlone, Blessington, Bray, Carlow, Carrick-on-Shannon, Drogheda and Portarlington. Accordingly, in making a development plan, Section 9(4) of the Planning and Development Act requires a planning authority to coordinate the objectives of its development plan with those of the adjoining local authorities. While the Act also enables each planning authority to determine whether it may be inappropriate or not feasible to do so, proper consideration must be given to the objectives of adjoining planning authorities, especially where settlements extend across administrative boundaries. In this regard, further to Section (9)(5) and (5A) of the Planning Act, submissions received from an adjoining planning authority are an important statutory part of the development plan process. It is therefore relevant to highlight that a planning authority may, by agreement with another planning authority or at the direction of the Minister, prepare a development plan that includes the environs of another planning authority under section 9(3)(a) of the Act. In addition, the Minister may require specified coordination between two or more planning authorities in the preparation of their development plans under section 9(7). Furthermore, Section 10(6) of the Planning Act makes it clear that a planning authority may not include a development objective the responsibility for the effecting of which would fall on another local authority, without having first consulted with the other local authority. Early engagement at the preliminary stage is key to achieving coherent policy alignment. In consideration of the options for the interface between development plans, whether related to cross-boundary matters or the co-ordination of plan objectives, there should be early and detailed consultation between the planning authorities involved that may also include the relevant Regional Assembly/ies, the Office of the Planning Regulator (OPR) and/or the Department of Housing, Local Government and Heritage.
- | Development Plan Guidelines for Planning Authorities | Plan Preparation 21 2 2.7 Plan Design and Presentation The succession of statutory deadlines during the plan preparation process can create a pressurised project timeline, but it is important not to lose sight of the requirement for a quality output at the end of the process. The nature of the development plan as a strategic policy document for an entire county or city area should also mean that content should focus on key priorities in a legible and user-friendly manner. There has been a tendency in some development plans to include a policy or objective for numerous possible development scenarios, leading to extremely lengthy written statement documents. Documents of this scale can be very difficult to use for the public and can lack a strategic focus, often getting lost in a level of detail more suited to local area plans or restating, at length, material from other guidance or policy documents. 2.7.1 Written Statement Local authorities should aim to streamline the content of the written statement of a development plan with a view to ensuring legibility and clarity. The use of separate appendices documents to contain ancillary material such as environmental reports or lists of protected structures are recommended to keep the focus in the written statement on setting out high-level, strategic policy. The function of the written statement is to state policies and objectives clearly and provide supporting information and explanation. The material should: • be presented in a coherent, well-structured manner and written in a simple, jargon-free style; • be easy for readers to grasp the meaning and content quickly and find the relevant parts without difficulty; • include a comprehensive index and glossary of any legal and technical terms used; and, • provide details of topics covered - a short list of chapter headings, while useful in providing a general overview, is not sufficient in this regard. It is recommended that the Written Statement is accompanied by an ‘Executive Summary’. The inclusion of a Glossary of Terms will assist the general public in understanding the terms used in the plan and its accompanying strategies. Graphs, charts and engaging infographics provide a simple clear means of highlighting some of the key aspects of the plan and should be used to set the scene and provide background material, particularly demographic, population, housing and transportation trends. Source: Dún Laoghaire Rathdown County Development Plan 2022-2028
- Development Plan Guidelines for Planning Authorities | 22 Plan Preparation | 2 2.7.2 Visual Tools Maps High quality maps are a vital component of the development plan - Chapter 10 details the type and nature of geographic information systems that a planning authority should develop in order to produce, update and distribute development plan maps. Users of a development plan will generally focus their initial attention on the plan maps in order to ascertain information on the impact and extent of zoning and specific objectives. The hard-copy maps must be at a scale which allows for a clear and easy understanding of their content. A scale in the range 1:5,000 – 1: 10,000 is generally suitable for urban areas. In rural areas a greater range of scales will be appropriate, depending on the context. For zoning maps, precision is vital and both scale and presentation must be designed to ensure clarity. All maps should be oriented with north towards the top of the page and with the north point clearly shown. The zoning map(s) should illustrate relevant policies and specific objectives, defining sites for particular developments, land-uses and areas to which specific development control policies will be applied. Such maps must be up-to-date, clear and make appropriate use of colour. Many local authorities make their statutory plan maps available online as interactive webmaps and this is the standard that should be met. Web-based GIS software allows for the inclusion of multiple layers of mapping to be presented to the end-user (such as flood maps, heritage designations, architectural and archaeological designations etc.) and to be blended with the core development plan layers. This allows for a very clear visual representation of what the development plan comprises and for assisting the understanding of its spatial impact. Once the development plan is made by the elected members, the planning authority must provide digital mapping to the Department of Housing, Local Government and Heritage as soon as is practicable, to align with the plan coming into force 6 weeks after it is made (See Chapter 10). CASE STUDY : Cork County Development Plan Map Viewer Cork County Council utilised the CDP Map Browser, a free and easy to use public information system displaying the detailed maps in the 2014 Development Plan for County Cork. The map browser incorporates many different sets of spatial information and is useful in its ability to overlay and analyse the data in a web browser environment. The viewer allows for easy access to detailed information on heritage and environmental features, settlement level information, and land-use zoning maps. This allows the public to be better informed about the policies contained in the plan and how they affect the county. Source: corkcoco.maps.arcgis.com/ The development of user-friendly interactive Geographic Information Systems (GIS) map viewers are key to improving access to information on the plan-making process, and supporting communities and members of the public to engage in plan making processes.
- | Development Plan Guidelines for Planning Authorities | Plan Preparation 23 2 Graphics Graphics are best used to support and explain points made in the text. However, they can also be valuable for their own sake in providing visual variety and interest. Infographics should be of good quality and in colour. Although necessary as part of the development plan core strategy (Chapter 4 below), the extensive use of tables of figures should be avoided in the written statement, being more appropriate to background topic papers and survey reports. Graphs and charts provide a clear means of displaying quantitative data and trends. Relevant photographs including aerial photographs should be used throughout the written statement to provide a visual context to support policies and provide highlights in the text. Printing Due to the increase in documentation that is now required to support and accompany a development plan, local authorities are encouraged to reduce printing costs and instead utilise digital publishing channels for dissemination of information and documents, where possible. CASE STUDY : Waterford Core Strategy Story Maps The Waterford City and County Council Draft Development Plan 2022 - 2028 Story Maps portal provides an easy way of visually displaying the high level strategic information that make up the Core Strategy of the Draft Development Plan. Waterford County Council prepared story maps for each of the County and City Core Strategies incorporating many different sets of spatial information and presenting interactive GIS web maps alongside supporting narrative text and images. Thanks to their engaging user experience they are an ideal digital storytelling tool to communicate complex spatial information in an easily understandable way and encourage public participation in the plan making process. Source: storymaps.arcgis.com/stories
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- | Development Plan Guidelines for Planning Authorities | Plan-Making Process3. Plan-Making Process 3.1 Stages in the Development Plan Review Process While the statutory lifecycle of a plan is six years, including a two-year review process, it is recommended that preparatory work begins at least one year prior to the formal commencement of the plan review, which, under Section 11(1) of the Planning Act, must normally be initiated not more than four years after the making of the current development plan. Reviewing a development plan over a two-year period is a complex and resource-intensive process, for both the executive and the elected members of the planning authority. In effect, the development plan making, implementation and review process is a continuous cycle, whereby once the plan has been adopted, it is subject to on-going monitoring to assess how it is being implemented. As well as the fundamental task of progressing the objectives of the plan, it is necessary to report on whether the plan objectives are being achieved. This includes the preparation of a Chief Executive’s Report to the council as planning authority, not more than two years after the making of the plan. The extent to which progress towards the achievement of development plan objectives is monitored and reported on and preparatory work is undertaken prior to the review process, will be a factor in assisting the process once notice of the plan review has been given. For the purposes of these Guidelines, there are 5 stages to the development plan-making and the parallel, iterative Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) processes, as detailed below. Further guidance on how SEA, when required, can be integrated into the development plan-making stages is available in the Strategic Environmental Assessment: Guidelines for Regional Assemblies and Planning Authorities, published by the Department of Housing, Local Government and Heritage in 2022. 25 3 Development plan review and parallel SEA/AA processes
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.