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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- 3.4.2 Effective Council Meetings The logistics of organising council meetings where potentially large numbers of submissions from the public and also motions from the elected members must be considered and deliberated upon, in a time-pressured environment is very challenging. A concise and well-structured Chief Executive’s Report will be a useful foundation for council meetings. Many local authorities have also held workshops/information sessions with elected members in relation to the drafting of motions for the development plan, which have proved useful in ensuring, for example, that motions are not ruled out of order at meetings or address issues relating to proper planning and development that can be be accommodated in the development plan. Due to the technical and environmental assessments likely to be required to fully consider the implications of amendments to the development plan that may be sought by motion, the best practice approach is that the motions from elected members be submitted a minimum of 10 days in advance of the council meeting, be precise and give direction. This advance notice period is essential in allowing technical (including environmental) assessments to be made in order to give elected members the full range of information to reach a decision on a particular motion. Allowing the requisite time to fully evaluate the impact of the amendment will allow its credibility to be tested as well as protecting the integrity of the elected members’ decision-making powers. Formal protocols in this regard should be instigated through the Standing Orders of the council and other agreed operational mechanisms. The resolution(s) of the council must be carefully and clearly worded to account for clarity in decision-making and in interpretation. While time constraints may mean that lengthy council meetings are held to consider the plan at the various stages of its review, excessively long meetings that run late into the night are not encouraged as they can compromise good decision-making. Where the business of the council meeting cannot be concluded by 10pm or shortly thereafter, a further meeting should be scheduled, save for exceptional circumstances where elected members agree to extend the meeting with a strong likelihood that business will be concluded. It would be preferable to allocate additional time for a further meeting than to continue into the next day (beyond midnight). Regard must also be had to potential flexibility under the provisions of section 251, which deals with the calculation of time periods under the Planning Act. Development Plan Guidelines for Planning Authorities | 36 Plan-Making Process | 3 Source: Fingal County Council Chamber
- | Development Plan Guidelines for Planning Authorities | Plan-Making Process3.5 Stage 4 - Material Alterations The material alterations stage allows for elected members to amend the draft plan having considered the Chief Executive’s Report on submissions received. The material alterations made to the Draft Plan by the elected members together with the Addenda to the Environmental Assessment Reports (where required) on the proposed changes are placed on public display for a period of at least 4 weeks. 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 99, or later subject to SEA. • Publish Notice : Week 85 • Public Consultation - Material Amendments : Up to Week 89 • Chief Executive’s (CE) Report : Week 93 • Consideration by Members(Accept or Amend Draft Plan) : Week 99 MATERIAL ALTERATIONS 83- 99 WEEKS The material alterations stage includes specific provisions inter alia for: - • A notification to the public indicating that the draft plan is to be materially altered including reference to the likely significant effects on the environment and the availability of the proposed alterations for inspection. • Additional public consultation for up to a stated period of not less than 4 weeks. • Preparation of a report by the Chief Executive outlining the Chief Executive’s opinion on the issues raised in public consultation on the material amendments. Following this public consultation period, submissions are summarised in the Chief Executive’s Report on the proposed material alterations together with the Chief Executive’s Response and Recommendation(s). The Chief Executives Report on the proposed material alterations are considered by the elected members. Further modifications to the material amendments can be considered at this stage, but only if they do not involve an increase in the area of zoned land or an addition or deletion from the record of Protected Structures (S. 12(10)(c)). 37 3 • Significant Changes • Changes to zonings or specific objectives • Addition or deletion of protected structure • Clarifications/edits • No changes to zonings or specific objectives • No additions or deletions to record of protected structures • Implications for SEA or AA cannot be ruled out • No implications for SEA or AA • Public should be given opportunity to comment • No requirement for public consultation Material Alterations Modification
- 3.6 Stage 5 - Adoption and Immediate Post-Adoption Having considered the Chief Executive’s Report, the elected members may ‘make’ the development plan in accordance with Section 12 (6) or (10) of the Act. The resolution recorded must be clear and precise as to the decision of the council, in making the plan. Stage 5 – Making the Plan – when the members make the plan (s. 12(6) or (10) to s. 12(12) inclusive and S.12(17)). By week 105, or later, subject to SEA and/or AA. • Making of the Plan : Week 99 • Publish Notice • Plan Operational : Week 105 MAKING OF PLAN 99+ WEEKS Prior to the adoption of the Draft Plan, the planning authority must clearly set out the outcomes of the AA process so that elected members are assured that the Plan is compliant with the requirements of the EU Habitats Directive. Article 8 of the SEA Directive requires that the Environmental Report, the opinions expressed by the environmental authorities and the public, and the outcome of any transboundary consultation, must be taken into account during the preparation of the plan and before its adoption. These items need to be recorded in any resolution of the council accordingly. However, the legal requirement to publish the SEA Statement applies after the adoption of the Plan (note the contrast to the AA requirements which require a determination to be made before adoption and to publish the determination as soon as may be after making the plan). Once the elected members have made the development plan in accordance with Section 12(6) or (10) of the Act, as amended, further work still remains to be undertaken to comply with the legislation. Notice of the making of the plan must be published in a newspaper circulating in the area and must issue to the Minister, the OPR, prescribed authorities, adjoining planning authorities, An Bord Pleanála and any local community development committee (LCDC). It is a specific requirement that the planning authority notify the Office of the Planning Regulator within 5 working days of the making of a development plan or a variation to a development plan and send a copy of the written statement and maps. A development plan that has been made must also be made available for inspection. In order to ensure that there is clarity in respect of the plan that was made within a reasonable timeframe, it is recommended that at least an interim version of the adopted development plan (written statement and maps), be made available and published within 5 working days of the adoption date. It is a policy and objective of these Guidelines to ensure clarity in respect of each development plan that is made, within a reasonable timeframe. Accordingly, it is recommended that where a planning authority makes a development plan, it shall make available for inspection within 5 working days of the plan adoption date, an interim plan adoption decision document, should it not be possible to publish the final version of the plan within that timeframe. There are further requirements for notifications to issue to owners of protected structures where their structure has been either added to or deleted from the RPS and to owners of any additional Rights of Way. It is recommended that where possible, that this would normally be undertaken within ten working days of adoption of the development plan. The development plan has effect six weeks from the date it is made and remains in place for six years from the date made. In the event of the elected members failing to make the development plan within the normally applicable timeframe11,9the legislation provides for the Chief Executive to make the plan provided that all aspects of the plan that had already been agreed by the members of the planning authority are included as part of that plan. The Planning Authority may also have regard to Section 251 in relation to the calculation of time periods under the Act. 11 Section 12(14) (b) of the Planning and Development Act 2000, as amended. Development Plan Guidelines for Planning Authorities | 38 Plan-Making Process | 3
- | Development Plan Guidelines for Planning Authorities | Plan-Making Process3.7 Post-Adoption SEA and AA Requirements In relation to SEA, as soon as may be following adoption of the plan, a planning authority must make available a statement which summarises the following12:10 (a) how environmental considerations have been integrated into the plan, (b) how (i) the environmental report prepared pursuant to article 13C, (ii) submissions and observations made to the planning authority in response to a notice under section 12(1) or (7) of the Act, and (iii) any consultations under article 13F. have been taken into account during the preparation of the plan. (c) the reasons for choosing the plan, as adopted, in the light of the other reasonable alternatives dealt with, and (d) the measures decided upon to monitor, in accordance with article 13J, the significant environmental effects of implementation of the plan. There is a similar requirement to publish a determination relating to the AA that may have been undertaken. Under Article 6.3 of the Habitats Directive the determination (often termed an ‘AA Conclusion Statement’) must state as to whether or not the Draft Plan would adversely affect the integrity of a European site. However as stated in Section 3.5, this determination must have been made prior to the adoption of the Draft Plan. After the new plan comes into operation, the monitoring of the environmental effects of the plan will commence. Monitoring is continued for the duration of the adopted plan and will inform the next plan cycle. See also Chapter 10 – Plan Implementation, Monitoring and Reporting. 12 S.I. 436 of 2004 Article 13I(1) 39 3
- Development Plan Guidelines for Planning Authorities | 40 Plan-Making Process | 3 3.8 Evaluation and Assessment Role of the Office of the Planning Regulator The Office of the Planning Regulator (OPR) may provide statutory observations and recommendations at each principal consultation stage of a development plan review or variation process, as provided for by Section 31(AM) of the Planning Act. Submissions from the OPR must be dealt with separately within the Chief Executive’s Report at each stage of the process, i.e. under s.11(4) in respect of the initial preparation of a new development plan, s.12(4) or (8) in respect of a draft development plan, or s.13(4) in respect of variation of a development plan. The OPR may provide the relevant planning authority with observations and recommendations at each stage, with regard to how a development plan or proposed variation should address legislative and policy matters including consistency with: • the National Planning Framework; • Regional Spatial and Economic Strategies; • Planning Guidelines issued by the Minister under Section 28 of the Planning Act, including any ‘Specific Planning Policy Requirements’; • any Policy Directives issued by the Minister under Section 29 of the above Act; and, • any other relevant legislative and policy matters. Any statutory observations or recommendations made by the OPR must be summarised, and the manner in which they are to be addressed must be outlined, taking account of the proper planning and sustainable development of the area, in the Chief Executives report to the elected members at each consultation stage. It is recommended that planning authorities endeavour to comply with any recommendations made by the OPR. In considering the recommendations of the Office, particular weight and regard must given to the independent, expert oversight role of the OPR, whose principal functions include the evaluation of all development plan preparation and variation processes. Notwithstanding the above, planning authorities may decide not to comply with a recommendation of the OPR at any stage of the development plan or variation process and further to making such decision, must notify the Office and in doing so, set out reasons for the decision. Where, no later than 4 weeks after the decision of planning authority to make development plan review or variation, the OPR considers that the adopted development plan or variation has not been made in a manner consistent with the recommendations of the Office and fails to set out an overall strategy for the proper planning and development of the area, the OPR may issue a notice to the Minister under section 31AM (8) of the Planning Act recommending the issuing of a draft direction under Section 31 of the Act, requiring the planning authority to take specified measures in relation to the development plan or variation. 3.8.1 Role of the Minister in the Direction Process In receipt of a s.31AM notice from the OPR, the Minister must consider and form an opinion on the recommendation included therein. If in agreement, the Minister will proceed to issue the draft direction under section 31 of the Planning Act, which must include stated reasons for the direction. A draft direction must issue no later than 6 weeks after the decision of planning authority to make or vary the development plan. Where the Minister in forming an opinion agrees with the recommendation of the OPR and decides to issue a draft direction, the direction process under s.31 provides for public consultation, elected member input both to the Chief Executive to the OPR, as well as review of the initial draft direction before the final decision on the direction may be made by the Minister. Until such time as the matter is determined and a final direction issued, the part or section of the approved development plan or variation that is subject to the draft direction, does not have effect. Where the Minister in forming an opinion disagrees with the recommendation of the OPR and decides not to issue a draft direction, the Minister must prepare stated reasons for doing so and lay such reasons before each House of the Oireachtas.
- | Development Plan Guidelines for Planning Authorities | Plan-Making Process 41 33.9 Variation of the Development Plan During the lifetime of a development plan, planning authorities may wish to adjust the objectives and policies of the plan in order to take account of different circumstances or issues unforeseen at the time of the original making of the development plan. For these reasons, Section 13 of the Planning Act provides for the making of a variation to the development plan. The decision to initiate the statutory process of varying a development plan is an executive function. Elected members may submit a resolution to the Chief Executive of the planning authority to request a report on a proposal to initiate a process to consider the variation of a development plan. The motion to request the Chief Executive to initiate varying the plan must be supported by three-quarters of the members of the planning authority. In responding to such a motion, the Chief Executive is required to prepare a report on the proposed variation within four weeks and if he or she considers the proposal is not justified, is required to outline reasons for not initiating the variation process, in writing. In making a variation, members are restricted to considering the proper planning and sustainable development of the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government. As such, a variation should be undertaken primarily for the purpose of making necessary policy change and should not be used to address proposals that may be more appropriately dealt with as part of the development management process. In the case of a variation to a development plan, the requirement to consider if a Strategic Environmental Assessment and/or Appropriate Assessment are required must be considered in accordance with article 13K of the Planning and Development Regulations 2001, as amended (for SEA screening) and article 177U of the Planning and Development Act 2000, as amended (for AA screening). In making a variation to the development plan, the proposed variation and the other parts of the plan must continue to be internally consistent i.e. a proposed variation should also address and incorporate any necessary adjustments to other relevant parts of the plan. Planning authorities should maintain a consolidated version of the plan, both in hard copy in the offices of the planning authority and on their website. Should it not be practicable to ensure an up-to-date hard copy incorporating all adopted variations, the planning authority should maintain a digital consolidated version of the Plan on their website. 3.9.1 Variation or Material Contravention Procedure Section 34 (6) of the 2000 Act establishes the “material contravention” procedure, whereby a planning authority may decide to grant permission for a development proposal that would otherwise materially contravene a development plan. The material contravention procedure is intended as a mechanism to deal with specific ‘non-conforming’ planning applications, whereas the process of making a variation is intended to facilitate the adjustment of the objectives and content of a development plan that would then apply as policy across the full range of functions of a planning authority including the consideration of all planning applications.
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- | Development Plan Guidelines for Planning Authorities | Core Strategy4. Core Strategy 4.1 Purpose of the Core Strategy The preparation of the core strategy of the development plan is one of the most important elements of the plan making process. This section outlines the factors to be considered in preparing the core strategy and how the outputs of the core strategy should be presented in the development plan. In summary, this section sets out: • Statutory Requirements - what the Planning Act requires of planning authorities in the preparation and drafting of a core strategy; • Core Strategy - The content of the core strategy, including relevant tables and spatial data; • Devising the Settlement Hierarchy - which factors must be considered in setting out the broad settlement strategy for a County or City; • Economic/Retail Strategy - How the core strategy process should address employment and retail land-use requirements. The core strategy is intended to give spatial expression to the housing, population, land and employment parameters of the development plan and for this reason, spatial data is at the heart of the core strategy. As development planning becomes more data-driven, the value of spatial data is critical to the planning process in supporting transparent and evidence based decision making. From the core strategy to zoning decisions, to planning permission and commencement of construction, the planning system must incorporate data collection and analysis at all stages. 4.2 Statutory Requirements Section 10(1A) of the Planning Act requires that the development plan includes a core strategy which: “shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy and with specific planning policy requirements specified in guidelines under subsection (1) of Section 28.” Each required element of a development plan core strategy, is specified in Section 10(2A) of the Planning Act. A core strategy must:- (a) Demonstrate the consistency of the housing strategy and the development plan with national and regional spatial strategy and policy; (b) Take account of national and regional housing and population targets; (c) Provide details of areas already zoned for residential use or mixed-use that includes residential development, in hectares and housing unit numbers; (d) Provide details of areas proposed to be zoned for residential use or mixed-use that includes residential development, in hectares, together with details of how such proposals accord with national policy for phased development; (e) Demonstrate that in setting out retail objectives, the planning authority has had regard to any statutory guidelines under Section 28 that relate to retail development; (f) For county development plans, set out a settlement hierarchy that includes details of projected population growth of all urban and rural settlements and rural areas together with details of road and rail infrastructure; (g) For city development plans, provide details of the city centre, areas designated for significant development during the period of the plan, the availability of public transport within certain catchments, and retail centres in that city; (h) For city and county development plans, set out a settlement hierarchy and provide details in accordance with both f) and g) above. 43 4
- Development Plan Guidelines for Planning Authorities | 44 Core Strategy | 4 The key elements of the core strategy, are therefore to:- (1) Demonstrate consistency with national and regional spatial strategy and policy, which must include an emphasis on compact growth and the proportionate development of settlements based on the availability and activation of serviced land; (2) Provide detailed analysis of existing and proposed land-use zonings, with a particular focus on residential development, and (3) Set out a settlement hierarchy for a county development plan, a city development plan, or a city and county development plan, as appropriate. 4.3 The Core Strategy and National and Regional Policy The overall population projection for a county or city is a primary development plan input which provides the strategic development context. The National Planning Framework (NPF) and associated NPF Roadmap 20181311 document provide overall strategic projected population target ranges for each local authority area. The NPF projected population targets are incorporated into the Regional Spatial and Economic Strategies (RSESs) adopted by each of the three Regional Assemblies and form the broad population parameters for each local authority development plan preparation process. While population targets are appropriate for medium and long-term planning, they are difficult to incorporate into sixyear statutory development plan cycles which have variable review and commencement dates. In particular, there is insufficient opportunity to monitor and analyse population change as development plan timescales generally do not coincide with recent data on population - as measured by the Census of Population, undertaken by the Central Statistics Office (CSO), every five years. In order to address the shorter-term requirements for development plan preparation, monitoring and review, particularly with regard to housing, statutory guidelines for incorporating housing supply targets into development plans1412 were issued under Section 28 of the Planning Act in 2020. The 2020 Housing Supply Target Methodology Guidelines (HST Guidelines) are based on work undertaken by the Economic and Social Research Institute (ESRI), which further developed population projections to provide a nationally integrated and standardised evidence base for local authorities to estimate overall housing demand for the period of each county or city development plan. Separate from and related to the development plan Housing Supply Target, a more detailed Housing Need and Demand Assessment (HNDA), which is an estimate of the type and tenure of housing required, based on affordability over a longer timescale, is to be undertaken to inform local authority housing strategies and may also inform development plans. The Core Strategy requirement is that each development plan must set out a clear housing supply target for the relevant six-year (i.e. quarter-to-quarter) plan period consistent with the prescribed methodology in the HST Guidelines. 4.3.1 Population and Housing in the Core Strategy In devising the Core Strategy for its development plan, the planning authority must address both population and housing targets in a consistent and integrated manner: • Population: National and regional population targets and the projected population growth of cities, towns, villages and rural areas’. • Housing: The proposed number of housing units to be included in the area to meet the housing supply target for the planning authority consistent with the prescribed methodology under the HST Guidelines 13 Implementation Roadmap for the National Planning Framework, DHLGH, July 2018. 14 Housing Supply Target Methodology for Development Planning, Guidelines for Planning Authorities, DHLGH, December 2020 (or the ‘HST Guidelines’).
- | Development Plan Guidelines for Planning Authorities | Core Strategy 45 4 In meeting these statutory obligations in the Core Strategy, the below approach is to be followed: (a) Using the specified methodology in the HST Guidelines, a Housing Supply Target for the 6-year development plan period is derived for the planning authority area. This HST figure is broadly consistent with, and can be used effectively as the housing expression of national and regional population targets. (b) The HST housing target should then be apportioned across the settlement hierarchy and rural areas of the planning authority through the Core Strategy formulation process of the development plan. (c) In preparing the settlement hierarchy, the HST housing figure is the definitive target figure to be used to apportion growth to a settlement or rural area. (d) The projected population growth of cities and towns within the hierarchy, can then be derived from this housing target figure, and represented in the Core Strategy table as an illustrative population target for the settlement. (e) A ‘rule of thumb’ calculation can be used to derive a population figure from the housing target. The targeted change in population of the plan area from the date of the most recent Census to the end of the development plan period, may be divided by the targeted change in housing numbers for the equivalent period. Any such calculation must take into account any housing, and therefore likely population delivered to the beginning of the plan period, in accordance with the housing supply target methodology. (f) The sum of housing supply targets for settlements and rural areas must combine to total the overall HST figure for the county and the sum of population targets for settlements and rural areas must combine to be at abroadly consistent point within the overall national and regional population range for the county, for the relevant 6-year plan period in each case. While previous practice to derive housing requirements was to multiply projected population targets by average household occupancy rates, the model that underpins the Housing Supply Target (HST) methodology both nationally and for each local authority area is based on a combination of factors that include population change, including inter-county and international migration, influenced by employment and house prices. Further to this, household demand is calculated on the basis of household formation arising from headship rates by individual age cohort. A quantum of housing obsolescence has also been factored in. The HST model outputs are broadly consistent with average household occupancy levels across the whole stock, but result in relatively greater levels of household formation per head of population growth, than would be apparent based on applying targeted population growth to average household occupancy rates. This more accurately reflects the changing nature of housing demand, in particular the need to meet the demands of smaller households in some cases and also the fact that most family homes developed within a 6-year development plan period do not reach full occupancy within that period. An example of this approach is provided in Appendix A.
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