Development Plans: Guidelines for Planning Authorities

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   • Publication of notice of the making of the plan, after a resolution of the council, as planning authority, to make the plan under either Section 12(6) or (10). • Publication of the Appropriate Assessment (AA) Conclusion Statement and SEA Statement. • The Plan comes into effect 6 weeks after the resolution is made. • Plan Monitoring (including monitoring of significant environmental effects) throughout the plan cycle. Stage 5 Adoption and Immediate Post-Adoption Elected members make the plan (s. 12(6) or (10) and s.11 to s. 12(12) inclusive and s.12(17)) By Week 99 after commencement, or later subject to SEA/AA (+17 weeks or more) • Within 3 weeks after the passing of any resolution to amend the draft plan, publish notice of material alterations with a minimum public consultation period of not less than 4 weeks. • Within the 3-week period, a determination is to be made on the requirement to carry out SEA and/or AA on the material amendments. Within 2 weeks of the determination, the Chief Executive specifies the period required to facilitate the assessment. • Within 8 weeks from date of notice of any material alterations, prepare and submit the report of the Chief Executive (CE) on the material alteration public consultation to the elected members of the planning authority. • Within 6 weeks of the submission of the CE’s report, to the elected members, they must consider the report of the CE and make the development plan and in doing so, may, by resolution, make non-material modifications to the material alteration(s) Stage 4 Material Alterations Measured from when any decision is made to amend the draft plan by elected members up to the consideration of the Chief Executive’s Report on submissions received on the material alterations (s 12(6) to s 12(10) inclusive) By Week 82 after commencement (+36 weeks) • Within 2 weeks of the draft plan being finalised by the elected members, prepare the draft development plan and publish notice of a minimum 10-week public consultation period on the draft Plan and associated environmental assessment documentation (including the (SEA) Environmental Report and the (AA) Natura Impact Report. • Within 22 weeks of the date of notice, prepare and submit a report of the Chief Executive (CE) on the draft plan public consultation to the elected members of the planning authority. • Within 12 weeks of the CE’s report being submitted to elected members, they must consider the draft and the report of the CE and may, by resolution, amend or make the development plan. Stage 3 Draft Plan Measured from the time the draft is being prepared for public consultation up to the consideration of the Chief Executive’s Report on submissions received on the draft plan (s. 12(1) to s 12(6) inclusive) STAGE TIMELINE By Week 46 after commencement • Notice of intention to review the existing plan, normally not later than four years after it was made. • Scoping for SEA and other environmental assessments as appropriate. • Minimum 8 weeks initial public consultation period – Issues and Options Paper. • Within 16 weeks from date of notice, prepare and submit a report of the Chief Executive (CE) on the initial public consultation to the elected members of the planning authority. • Not later than 10 weeks after CE’s report is submitted, the elected members may issue directions to the CE. • Within 12 weeks of receipt of directions, the draft development plan is prepared and submitted to elected members for consideration. • Assess and mitigate impacts of plan: prepare Environmental Report and Natura Impact Report (NIR). • Within 8 weeks of draft development plan being submitted to elected members, amendments may be made by resolution and the draft plan must be finalised. Up to 52 weeks in advance of commencement Preparation of: • Baseline Report • Technical Working Papers • Cross-sectoral engagement • Issues and Options Paper • Preliminary Scoping for SEA Stage 1 Preliminary Measured from at least one year before the commencement of the development plan review Stage 2 Pre-Draft Measured from the time the notification of the commencement of the plan review is published up to when the draft plan is finalised by the elected members (s. 11 inclusive) Development Plan Guidelines for Planning Authorities | 26 Plan-Making Process | 3 Week 99 +

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   | Development Plan Guidelines for Planning Authorities | Plan-Making Process3.2 Stage 1: Preliminary Stage Gathering high quality evidence and data to inform policy choices should commence at least one year before formal notice of review. This will feed into the preparation of Technical Working Papers and a Baseline Report as a first step in the making of the development plan. Stage 1: Preliminary - measured from one year before the commencement of the development plan review up to the time the notice to review is published. 3.2.1 Data Gathering and Analysis Evidence-based policy making is based on the premise that policy decisions should be better informed by available information. This is now an intrinsic part of the plan-making process and requires the identification of key evidence and data to inform policy formulation for the development plan. Data collection should focus on the mandatory and discretionary objectives set down in the Planning Act and on the scoping and preparation of the requisite environmental reports. This task is important, as a well-established database will inform the plan review and the monitoring of the plan once it is made. As part of the preparation of Technical Working Papers and a Baseline Report, it will be necessary to determine what information is required, what is available, how upto-date it is, and what further work is required. While collection of new information may prove necessary, extensive existing data will be available from: • Within the planning section and other departments of the local authority, neighbouring authorities and Regional Assemblies; • Government Departments, State and Semi-State bodies, including the Central Statistics Office; designated environmental authorities (SEA Directive) and other agencies with environmental monitoring data for the existing plan period (for example the Environmental Protection Agency, National Biodiversity Data Centre etc); • Local business organisations, Chambers of Commerce, and; • Community based organisations, partnerships and other local groups/associations. It is critical to both the review process and the longerterm monitoring of development plans that a robust Baseline Report is prepared by the planning authority at the outset of the review, informed and supported by the Technical Working Papers. The Baseline Report is a key output of the preliminary stage of the plan review and should be commenced and completed in the year before the statutory review notice is published in order to: • Provide a comprehensive evidence base for discussion and debate on policy options and alternatives for the elected members and wider stakeholders; • Present a strategic overview of trends and patterns across a number of development policy areas; • Present an emerging draft Core Strategy as part of a number of Core Strategy options; • Report on the implementation of previous plans (including the core strategy) to inform future development strategy; • Provide for greater transparency in decision making; • Provide the context for an Issues and Options Paper. Cross Sectoral Engagement Technical Working Papers and Baseline Report 27 3

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   3.2.2 Baseline Report Approach The Baseline Report will reflect on a ten-year timeline as a means to establishing the impact of policies, established patterns and emerging trends over the course of the previous development plan cycle (six years) and the relevant stage of current development plan cycle (three-four years). The planning authority must assess the extent to which the current and preceding plans have performed in achieving their objectives. This is an exercise that requires interaction with other departments within the local authority to understand where policies and objectives can be retained, amended or deleted. It is essential that the whole planning team, including development management planners contribute to the evaluation, in particular how recent and previous land-use policies and objectives have been applied and in assessing the outcomes delivered. The Baseline Report should be published and made available to view as part of the pre-draft consultation phase in the form of supporting information. Elected members should also be circulated with copies of the Baseline Report and briefed ahead of formal commencement of the review process. Consideration should be given to the presentation of baseline information in accessible digital formats, which can be adapted as more data becomes available, and may also inform the formal reporting and review processes. See also Chapter 10 Plan Implementation, Monitoring and Reporting. Development Plan Guidelines for Planning Authorities | 28 Plan-Making Process | 3 This Report will in particular: The Baseline Report will review the implementation of the current plan (at least three years) as well as the previous development plan (six years) to provide a substantial timeline on which to base its analysis. Data collection and analysis Analyse and present demographic and population trends, in order to meet the existing and long term needs of a diverse and ageing population, provide for a high quality of life and ensure an inclusive society; Population and demographics; housing; employment; transportation; retail and commercial development; climate action; environment and heritage; physical infrastructure; social and community infrastructure including parks and open space. Provide an evaluation of the existing Core Strategy, setting out progress towards population, housing and other targets over the lifetime of the plan. Housing completion data at settlement level and by settlement type (and where available, population data), will be necessary to compare housing targets with the actual outturn; There may be a background context to certain settlements such as delays in the delivery of critical enabling infrastructure or a significant slow-down in the housing market and these should be explored in the accompanying commentary. The rate of growth in lower tier settlements and in rural areas should also be clearly indicated. Provide detailed spatial analysis of development patterns, including rural housing trends. Rural housing trends should be monitored on a spatial basis to identify development patterns and assess the implementation of rural housing policies as part of the core strategy evaluation exercise; Planning application and commencement notice data, Part 88 local authority developments; housing completion data; commercial development data, etc. An Post ‘Geodirectory’ can also be used to provide data on vacancy and dereliction and rural housing development activity. Analyse and present employment and enterprise trends. As Core Strategies must present data on employment and enterprise zonings, the evaluation should include data on the rate of take-up of existing employment zonings in the core strategy; A variety of datasets are available, such as the CSO’s ‘Workplace Zones’ or POWSCAR, which can provide time-series data on spatial employment trends. Provide a strategic infrastructural assessment of the area with a particular focus on the capacity of existing critical infrastructural assets, their spatial distribution, potential to support additional development and any planned investment. A Settlement Capacity Audit should also be undertaken to identify zoned serviced/serviceable lands with residential development potential; The assessment should specify enabling infrastructure, for example wastewater network or treatment infrastructure, energy infrastructure, roads or public transport capacity and in the case of enabling social infrastructure, schools provision and community facilities. Include a summary on monitoring the significant environmental effects of the implementation of the current and previous plan; This should be supplemented by the SEA monitoring reports as they become available throughout the lifetime of the plan. Provide a summary of core policy areas to be addressed in the review process where the analysis indicates that policy intervention is required; The baseline analysis will inform policy decisions as part of an evidence-based policy cycle. 8 Development by, on behalf of, or in partnership with local authorities - Article 80(1) of the Planning and Development Regulations 2001 (as amended).

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   3.2.3 Scoping for SEA Strategic Environmental Assessment (SEA) scoping can also begin before the start of the formal two-year review process, as the existing plan, coupled with the baseline report and working papers, will provide a reasonable indication of the nature of the area and of major development issues. The Strategic Environmental Assessment: Guidelines for Regional Assemblies and Planning Authorities, published by the Department of Housing, Local Government and Heritage in 2022 provide further guidance on key aspects of SEA including screening for SEA and effective scoping during SEA.| Development Plan Guidelines for Planning Authorities | Plan-Making Process 29 3 CASE STUDY : Environmental Sensitivity Mapping (ESM) Webtool Collection and analysis of spatial data on issues such as flooding, surface and groundwater sensitivity, biodiversity and landscape can assist in environmental assessments and provide early warning of potential land-use conflicts to inform the scoping and impact assessment stages of SEA in particular. The ESM webtool allows several layers of environmental data to be overlaid, weighted, analysed and presented, to create bespoke maps of sensitivity to certain development pressures. For example, an environmental sensitivity analysis was undertaken during the preparation of the Clare County Development Plan, which formed the basis for the preparation of environmental sensitivity maps for the County. These maps informed the assessment in the SEA of cumulative and in-combination effects and in recommending the development plan focus development objectives and zoning away from environmentally sensitive areas. The Environmental Sensitivity Maps also guided the development and assessment of SEA alternatives through highlighting different indicators and sensitivies at a county scale leading to the ultimate selection of the preferred SEA alternative. ESM data and user manual can be accessed at www.enviromap.ie. The Environmental Sensitivity Mapping (ESM) Webtool is a decision-support tool for Strategic Environmental Assessment (SEA) and planning processes in Ireland. It centralises over 100 publicly available spatial datasets and allows users to create area-specific environmental sensitivity maps, contributing to evidence-based planning and decisions. Source: www.clarecoco.ie

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   3.3 Stage 2: Pre-Draft - Commencing Review and Drafting the Plan The Pre-Draft stage of the plan is a critical period for drawing together the evidence base and the views of the community, citizens and the elected members, which will underpin the policy content of the development plan. Stage 2: Pre-Draft - measured from the time the notice of the commencement of the plan review is published up to when the draft plan is finalised by the elected members (section 11 inclusive). By week 46. The Pre-Draft stage includes specific provisions inter alia for: - • An initial notification to the public indicating that the existing plan is to be reviewed and a new plan prepared; • Additional public consultation activities; • Preparation of a report by the Chief Executive outlining the Chief Executive’s opinion on the issues raised in public consultation and including recommendations on policies to be included in the development plan; • The making of directions to the Chief Executive by the members of the planning authority regarding the preparation of the development plan; • Screening/scoping exercise for SEA and AA. From an early stage, public and political engagement must focus on the strategic direction that the new plan may take. Without a clear statement of the relevant issues that can be linked to distinct and achievable strategic options, it will be difficult to devise a coherent set of detailed policies and objectives. The information and analysis included in the Technical Working Papers and the Baseline Report should be reflected in the Issues and Options Paper to ensure that strategic issues presented in the paper are grounded in reliable data and sound analysis. Examples include Limerick City and County and Cork County Councils, each of which published a suite of background papers in support of an Issues Paper for their 2022-2028 development plan processes. Kildare County Council’s Rural Housing Study provided a spatial analysis of rural housing trends in collaboration with AIRO, to inform the 2017-2023 County Development Plan. Development Plan Guidelines for Planning Authorities | 30 Plan-Making Process | 3

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   | Development Plan Guidelines for Planning Authorities | Plan-Making Process3.3.1 Setting the Scene – The Issues and Options Paper The Issues and Options Paper should present key information on strategic issues and invite public submissions on differing policy approaches, using infographics, maps and images to bring the issues to life and to present data in an easy-to-understand manner. It is a policy and objective of these Guidelines that a single, over-arching and concise ‘Issues and Options Paper’ be published to accompany the initial notification that a development plan is being reviewed and such a paper should include core strategy options for public consultation purposes. At the outset of the review process, this requirement relates to the need for pre-draft core strategy options for consultation purposes, aimed at generating debate and discussion. The paper should seek to present a number of alternative Core Strategy options, advise that the core strategy will evolve over the course of drafting the plan and highlight what emerging policy issues will inform a draft Core Strategy. Draft Cork City CDP 2022-2028 Laois CDP 2021-2027 The following are sample questions in relation to themes that may be set out to address issues, trends, drivers and options, which may be locally tailored to a particular plan area: • What are the steps that need to be taken to enable the regeneration of our towns and villages? • How can different types of housing need be met and where should future housing be located? • How can we encourage more sustainable modes of transport and improve sustainable mobility? • What role should towns and villages in rural areas play in catering for the county’s future growth? • How can the rural parts of the county close to urban areas be protected from development pressures that are likely to arise to accommodate further population growth? • What opportunities exist that can benefit economic development in the county and how can the development plan best capture and support these? • How best can the development plan address climate change in an effective way? It is important that consultation at the pre-draft stage should focus on ‘the big picture’. The structure of the plan review process is such that there is a progression from broad strategy to greater detail, reflecting the structure of the plan itself. For this reason, submissions at this stage relating to zoning of particular land for any purpose, are excluded and cannot be considered9.8. 9 Section 11(2)(bc) of the Planning and Development Act 2000, as amended. 31 3

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   3.3.2 The Chief Executive’s Report on Pre-Draft Submissions The time period from formal initiation of the review to submission of the first Chief Executive’s (CE’s) Report to elected members is 16 weeks. The Chief Executive’s Report at Pre-Draft stage will take a strategic, big-picture focus and may not refer to proposals for the zoning of land, even if raised in submissions. The Report should seek to thematically group and summarise the submissions received, rather than report a response for each individual submission. A full list of the persons or bodies who made submissions can be included for reference as an Appendix. It is also necessary to give the opinion of the Chief Executive to the issues raised, together with a recommendation on the policies to be included in the draft plan. This is generally applicable except for any submissions received from the relevant Regional Assembly and the National Transport Authority (as a requirement of the Planning Act in the case of local authorities in the Greater Dublin Area). The Chief Executive’s Report must specifically summarise and address the issues raised in any such submissions, and outline recommendations as to the manner in which they should be addressed in the draft development plan. Given that the legislation requires separate consideration of the submissions of the Office of the Planning Regulator or the Minister at later stages in the process, it is recommended that planning authorities also separately address the issues raised in any submissions from the Office or the Minister at Pre-Draft stage, and similarly outline recommendations as to the manner in which they should be addressed in the draft development plan. It is a policy and objective of these Guidelines that the Chief Executive’s stated recommendations on policies to be included in a development plan as part of a Report on Pre-Draft stage submissions, include a ‘draft core strategy’, consistent with Section 11(4)(d) of the Planning and Development Act 2000 (as amended). 3.3.3 Issuing of Directions to the Chief Executive Within 10 weeks of receipt of the Chief Executive’s Report on Pre-Draft Submissions, the elected members of the planning authority may issue directions to the Chief Executive regarding the preparation of the draft development plan, which must: • Be strategic in nature - setting a broad direction, not getting into detailed drafting; • Be consistent with the draft core strategy (which may be emerging at this stage); • Take account of:- • the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or of any Minster of the Government; and • Be restricted to consideration of the proper planning and sustainable development of the area. The Chief Executive is obliged to comply with these directions, where valid. The best practice approach is that the directions be submitted a minimum of 10 days in advance of the council meeting. It is recommended that the development plan team would be available to provide assistance to elected members in formulating the wording of directions to ensure that they are strategic and relevant to enable them to be considered as valid. Development Plan Guidelines for Planning Authorities | 32 Plan-Making Process | 3

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   | Development Plan Guidelines for Planning Authorities | Plan-Making Process3.3.4 Submission of a Draft Development Plan to Members There are a further 12 weeks after receipt of directions in which the development plan team must complete the Draft Development Plan for submission to the elected members of the planning authority, who then have 8 weeks to consider the initial draft plan. In broad procedural terms, the preparation of Draft Plan includes provisions for: • Submission, by the Chief Executive, of a draft development plan, the SEA Environmental Report, other environmental reports, to the members for their consideration; • Consideration by the members of the draft plan submitted by the Chief Executive, including the making of amendments by the members to the initial draft plan, submitted by the Chief Executive. This is the critical opportunity for elected members to contribute to the content of the draft development plan, prior to public display of the draft. It is also the first time that land zonings may be considered in the review process. This stage may typically require a series of dedicated development plan plenary council meetings, with proposed amendments to the Chief Executive’s initial draft plan made by way of motions from councillors, see also Section 3.4.2 for guidance on ‘Effective Council Meetings’. 33 3

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   3.4 Stage 3 - The Draft Development Plan The Draft Plan stage commences with preparing and giving notice and a copy of the draft plan to specified bodies and public display of the draft plan and environmental reports with an invitation of submissions within the specified minimum period of 10 weeks. Stage 3 Draft Plan - measured from the time the draft is being prepared for public consultation up to the consideration of the Chief Executive’s Report on submissions received on the draft plan (s. 12(1) to s 12(6) inclusive). By week 82. • Publish Notice : Week 48 • Public Consultation - Draft Development Plan : Up to Week 58 • Chief Executive’s (CE) Report : Week 70 • Consideration by Members (Accept or Amend Draft Plan) : Week 82 DRAFT PLAN 47- 82 WEEKS The publication of the draft plan signifies a major milestone in the plan review process and is the result of a significant collaborative effort between the public, elected members and the executive. The Draft Plan typically generates reaction, commentary and in-depth observations which are expressed through submissions received, often numbering in their thousands. The Draft Plan consultation phase involves the presentation of a very significant amount of documentation including accompanying strategies that will be published with the plan such as the Environmental Report (SEA) and the Natura Impact Statement (AA). Much of this material may be of quite a technical nature and planning authorities must consider public consultation strategies for making the development plan as accessible and legible as possible, see also Chapter 2 Section 2.4 ‘Purposeful Public Consultation’ for further guidance in this regard. The value of the wider multidisciplinary team can come into effect at draft plan stage as the demands on the process multiply and intensify. Technical, administrative, corporate and ICT inputs across the local authority will be relied upon to ensure all elements of the plan review can progress simultaneously. It is a requirement of the legislation that all written submissions or observations received by a planning authority at the Draft Plan Stage be published on the website of the authority within 10 working days of receipt by that authority. All submissions should be handled systematically with clear logging, acknowledgment and filing protocols in place, particularly as some of these accompanying documents will have their own consultation stream associated with the publication of the draft plan10. Where submissions do not directly relate to the development plan but are for the attention of the local authority, the planning authority should endeavour to maintain a record and forward on to the relevant department for follow-up. In accordance with Section 12 (8A)(b) of the Planning and Development Act 2000, as amended, where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure, the submission shall not be published or shall cease to so publish. 10 The Record of Protected Structures and Strategic Environmental Assessment as examples. Managing Submissions Received Development Plan Guidelines for Planning Authorities | 34 Plan-Making Process | 3

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    | Development Plan Guidelines for Planning Authorities | Plan-Making Process3.4.1 The Chief Executive’s Report on Submissions on the Draft Plan The Chief Executive’s Report on submissions received is required to provide both a summary of the submissions received and to provide a framework and structure for the council meetings where the development plan will be deliberated. In addition to listing the persons or bodies who made submissions or observations and providing a summary of those, the report must specifically deal with the recommendations, submissions and observations made by specified bodies. The Chief Executive's Report shall: • Provide a summary of the recommendations and observations made by the Office of the Planning Regulator, and outline the manner in which these should be addressed in the development plan; and • Provide a summary of any issues raised and recommendations from the Minister, the relevant Regional Assembly, and the National Transport Authority (in the case of local authorities in the Greater Dublin Area) and, outline the manner in which these should be addressed in the development plan. The report shall give the response of the Chief Executive to the issues raised, taking account of: • any directions of the members of the authority or the committee under section 11(4); the proper planning and sustainable development of the area; the statutory obligations of any local authority in the area; any relevant policies or objectives of the Government or of any Minister of the Government and, if appropriate, any observations made by the Minister for Arts, Heritage, Gaeltacht and the Islands under subsection (3)(b)(iv). The response should indicate the validity of consideration in the review process, the relevant policy position and its record of implementation if applicable. The Chief Executive’s recommendation must be clearly and succinctly worded for consideration by the elected members. The structure of the Chief Executive’s report should also ensure that the submission of the OPR and the Chief Executive’s response to the issues raised, is presented at the start of the document. Given the sometimes substantial volume of submissions received (running into many thousands in some local authorities); the planning authority should give practical consideration to ensure the preparation of a legible and functional report. A recommended approach is to thematically group and summarise the submissions received and provide responses and recommendations on these grouped themes, rather than to include a detailed response for each individual submission received. Examples include the Dún Laoghaire-Rathdown County Council CE’s report on submissions to the Draft County Development Plan 2022-2028, which is hyperlinked throughout to allow swift movement back and forth within the report, and also linked to the referenced original submissions. The Westmeath County Development Plan 2021- 2027 dashboard also allowed for the process to be easily navigated and identified submissions by category and location. CASE STUDY : CE Report on Submissions 35 3 Source: Westmeath County Development Plan Dashboard 2021-2027

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.