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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- 4.6.3 Retail Strategy Section 10(2A)(e) of the Planning and Development Act 2000 (as amended) specifically requires the core strategy of a development plan to show that the planning authority has had regard to any relevant Ministerial Guidelines that relate to retail development. The Retail Planning Guidelines for Planning Authorities (2012) set out policies and objectives to ensure that retail development is plan-led, to promote city centre vitality through the sequential approach to development, enable good quality development in appropriate locations, facilitate modal shift and to deliver quality design outcomes. Any provision of significant retail development proposed in development plans must therefore have regard to the requirements of Retail Planning Guidelines for Planning Authorities (2012), or any subsequent update, and where not in conflict with any updated retail guidelines, the retail hierarchy for the Regional Assembly area, as expressed in the relevant RSES. Retail Hierarchy LEVEL 1 Metropolitan - Dublin, Cork, Limerick, Galway and Waterford Cities LEVEL 2 Regional - Major Town Centres, Regional Drivers & County/Key (Town Centres) LEVEL 3 Sub-Regional - Town and/or District Centres & Sub-County Town Centres (Key Service Centres) LEVEL 4 Small Towns and Villages - Neighbourhood Centres, Local Centres LEVEL 5 Local Shopping - Corner Shops/Small Villages The core strategy of a development plan should set out clearly the retail hierarchy for the county or city and how this relates to the settlement hierarchy. Development Plan Guidelines for Planning Authorities | 56 Core Strategy | 4
- | Development Plan Guidelines for Planning Authorities | Core Strategy4.6.4 Core Strategy Statement Once formulated, the Core Strategy should include a ‘Core Strategy Statement’ that sets out clearly: (1) Consistency with national and regional spatial strategy and policy, and in particular the total quantum of additional housing and population targeted over the plan period; (2) The total quantum of existing and proposed land zoned for residential use; (3) The rationale for the settlement hierarchy for a county development plan, or city, or city and county development plan, as appropriate, that addresses each settlement type, including rural areas. The core strategy statement must include an outline of the rationale behind the distribution of housing and population for each settlement type in the settlement hierarchy. It should be clearly understood by anyone reading the statement how the allocation was arrived at across the various settlement types. In outlining the rationale for the core strategy, the statement should identify the key issues such as any local infrastructural deficiencies considered in the process and an explanation of any circumstances where new population/housing is targeted for a settlement which would be disproportionate relative to the existing scale of the settlement. Further to Sections 10(1A) and 10(2A) of the Planning and Development Act 2000 (as amended), a development plan core strategy shall include a core strategy statement that sets out:- (1) Consistency with national and regional spatial strategy and policy, with particular reference to the total quantum of additional housing and population targeted over the six-year plan period; (2) The total quantum of existing and proposed land zoned for residential use to achieve the additional housing and population targeted over the six-year plan period; (3) The rationale for the settlement strategy, that informs the settlement hierarchy, which must address each settlement and area type in the hierarchy. 57 4
- 5 Development Plan Objectives - Overview
- | Development Plan Guidelines for Planning Authorities | Development Plan Objectives – Overview 59 5 5. Development Plan Objectives – Overview 5.1 Objectives of the Development Plan The requirements of the Planning and Development Act with regard to the content of development plans are set out in Section 10(1), which states that: “A development plan shall set out an overall strategy for the proper planning and sustainable development of the area of the development plan and shall consist of a written statement and a plan or plans indicating the development objectives for the area in question.” These objectives of the development plan comprise: • Mandatory Objectives that must be included in the development plan. These are set out in Section 10(2)(a-p) of the Planning Act and are addressed in detail in Chapters 6-9 of these Guidelines. • Discretionary Objectives that may be included in the development plan. These are described in the First Schedule of the Planning Act, “Purposes for which objectives may be indicated in Development Plan”. There are a number of key factors that should be considered in the selection and drafting of objectives in a development plan. • The objective should be relevant and necessary. A critical evaluation should be made of all of the objectives of the existing development plan to examine those that should be carried over to the new plan and those that may no longer be relevant. An important part of this evaluation process is to identify and remove objectives that are vague or not specific. • The objective should be capable of implementation and should be referenced against an indicator for the purposes of monitoring. The objective should be framed and worded in a manner that means it is capable of being clearly understood and capable of implementation - a measurable objective that may be linked to data-based indicators or metrics, for example. Planning authorities should aim to select relevant and, where possible, ‘action-oriented’ objectives. • The objective should be consistent with national policy and standards, and any relevant Ministerial Guidelines. Any objective should be consistent with national policies and objectives set out in the NPF and with the relevant Regional Spatial and Economic Strategy. Particular regard should be had to the policies and objectives of Section 28 Guidelines, and the need to comply with any specific planning policy requirements (SPPRs) contained therein.191716 • Objectives should be internally consistent. Careful consideration should be given to areas where policy may overlap or give rise to conflict. For example, it may not be possible to implement national policy which seeks a greater level of infill and brownfield residential development within the existing built-up area of settlements, if objectives are inserted into the development plan that require levels of private open space, car parking or residential density appropriate to outer suburban areas only. • The objective should not address matters that are the subject of other legislative provisions. Objectives dealing with specific issues that are governed by other legislative codes, including for example, the Building Regulations or the Building Control Acts, should not be included as mandatory objectives in development plans. While objectives may be provided to encourage particular formats or technical methods as appropriate, these should not be framed as mandatory or statutory requirements. The planning authority should exercise care and caution in drafting development plan objectives, as the quality of the wording and content will have an impact on the realisation or otherwise of the objective. The term ‘policy’ and ‘objective’ have sometimes been used interchangeably in development plans. For the purpose of these Guidelines and reflecting the use of the term ‘objective’ in the Act, ‘objectives’ are specific, action-oriented statements that mark progress toward the more broadly defined policy goal. 19 within the meaning of Section 28 (1C) of the Planning and Development Act 2000 (as amended)
- Development Plan Guidelines for Planning Authorities | 60 Development Plan Objectives – Overview | 5 5.2 Mandatory Objectives Section 10(2) of the Planning Act sets out the development objectives that must be included in the development plan and are therefore ‘mandatory’ requirements. Mandatory objectives specified in the Act are identified below, grouped by broad theme and further detailed in the sections of this document as follows:- Chapter Theme Topic Mandatory Objective Reference 6 Sustainable Development and Regeneration Zoning of Land Section 10(2)(a) Transport/Water/Waste Services Section 10(2)(b) Urban Renewal Section 10(2)(h) 7 Communities and People Amenities (Development) Section 10(2)(j) Social, Community and Cultural Considerations Section 10(2)(d) Community services Section 10(2)(l) Traveller Accommodation Section 10(2)(i) Gaeltacht Areas Section 10(2)(m) 8 Climate and Environment Climate Change Section 10(2)(n) Environment Section 10(2)(ca) Major Accidents Directive Section 10(2)(k) 9 Heritage and Landscape Archaeological Heritage Section 10(2)(c) Amenities (Natural) Section 10(2)(j) Natural Heritage Section 10(2)(ca) Protected Areas Section 10(2)(cb) Architectural Heritage Policy Section 10(2)(f) Architectural Conservation Areas Section 10(2)(g) Landscape Character, Views, Prospects Section 10(2)(e) Landscape Protection and Management Section 10(2)(p) Rights of Way Section 10(2)(o)
- | Development Plan Guidelines for Planning Authorities | Development Plan Objectives – Overview 61 5 5.3 Setting Measurable Objectives Each development plan will address the various mandatory objectives in a manner that is relevant to the circumstances of each county/city. However, it is important that in drafting objectives that a rigorous, evidenced-based approach is followed and that the objective is measurable and capable of being monitored and evaluated. The ‘SMART’ approach to the development of objectives is recommended – that is, objectives stated in the development plan should be specific, measurable, assignable, realistic and time-related. • Specific – target a specific item for improvement. • Measurable – quantify or at least suggest an indicator of progress. • Assignable – specify who will do it. • Realistic – state what results can realistically be achieved, given available resources. • Time-related – specify when the result(s) can be achieved (with particular reference to the six-year development plan timeline) SMART Objective Design Development plans will often state an overarching ‘Strategic Aim’ or ‘Strategic Objective’ which expresses the broad, strategic policy direction for a particular topic. These Strategic Objectives may, of necessity, lack detailed specifics – for example, “To co-ordinate transport and land-use planning, reducing the demand for travel and the reliance on the private car in favour of public transport, cycling and walking.” However, the objectives that set out how this ‘Strategic Aim’ is to be realised should, where possible, be measurable and capable of being monitored. Further developing a strategic aim or objective, a development plan could set a more specific objective to achieve mode share targets that are benchmarked against mode share data so that its impact can be tracked and measured over time, relative to the baseline level for the local authority area. Not all development plan objectives will be measurable with a simple data metric. It is entirely valid and reasonable for a development plan to set qualitative objectives, for example, to seek a ‘high quality of urban design’ or for developments to contribute to a ‘sense of place’ while acknowledging that these are not always readily measurable. Qualitative objectives are better suited to performance or criteria-based indicators. In drawing this distinction, planning authorities should endeavour to identify suitable quantitative or qualitative indicators for as many of the objectives of a development plan as possible. The Planning and Development Act 2000 (as amended) requires the ongoing monitoring of a development plan and these requirements are detailed in Chapter 10 below. It is necessary for the planning authority to assess how a development plan is performing. For example, are the development plan objectives being implemented successfully or is the policy direction off-course? Without any measurable objectives, linked to data-based indicators or metrics, the monitoring and evaluation process of the development plan is restricted to a purely qualitative, opinion-based assessment.
- Development Plan Guidelines for Planning Authorities | 62 Development Plan Objectives – Overview | 5 5.4 Selecting Indicators To this end, when drafting objectives, it is therefore recommended that indicators be selected for each objective in the development plan, where possible. Good examples of the type of indicators that should be considered under the most common development plan themes are outlined along with approaches to be avoided. It is important to consider the suitability of each indicator under a number of criteria: how directly relevant it is to the policy, how timely it is produced, how readily accessible is the data? According to NESC201817 (2002) key performance indicators, should be: 1. Easily understandable – simple, clear and relatively easy to interpret; 2. Policy-relevant – relate to the three dimensions of sustainable development and be linked to desired goals; 3. Focused on priority issues – indicators should be issue-driven rather than data-driven; 4. Robust – they should be logically or scientifically robust; 5. Measurable – feasible in terms of current or planned data availability; 6. Subject to ongoing assessment – they should be open to reflect changing objectives, issues and data availability. Once identified, the indicators should be tested and refined to ensure that they are policy relevant, linked to the objectives and easy to understand and communicate. Only suitable, up-to-date and reliable data which is readily accessible should be used. Where possible, indicators should have targets associated with them to link them to relevant national or EU targets. Chapter 10 of these Guidelines is concerned with a set of common, broadly-based indicators that will be used to monitor the development plan against a set of key national policy objectives. However, each plan should seek, as part of the process of formulating plan objectives, to devise an additional set of more tailored, bespoke indicators that relate to the specific development plan policies. Work undertaken by the Royal Town Planning Institute (RTPI) “Measuring What Matters: Planning Outcomes Research211918 ”, was jointly supported by the Department of Housing, Local Government and Heritage and the OPR, along with the Governments of Scotland, Wales, and the Ministry of Housing, Communities and Local Government in England. This involved the development of a series of ‘toolkits’ which can be adapted by local planning authorities to improve ‘outcome’ measurement and are of relevance in setting indicators. 20 National Economic and Social Council National Progress Indicators for Sustainable Economic, Social and Environmental Development (February 2002) 21 https://www.rtpi.org.uk/planningoutcomes Monitoring how policy and objectives influence planning decisions that follow Inputs, Activities, Outputs Monitoring direct change to environment and whether in line with policy objectives Development Outcomes Measuring wider impacts and understanding the difference planning makes, directly and indirectly Evaluating Impact Source: RTPI Measuring What Matters: Planning Outcomes Research Report
- | Development Plan Guidelines for Planning Authorities | Development Plan Objectives – Overview 63 5Development Plan Objectives: Good Practice Examples To develop an active land management register and database for the city, which shall include mapping of brownfield and other lands, such as vacant, under-utilised or large undeveloped sites, tracking progress on planning applications and identification of barriers to development, with the aim of promoting and co-ordinating development on the lands identified. Objective: Active Land Management Indicator: An ‘action-oriented’ objective which can be measured by the successful implementation of a new database and register and by its use in promoting regeneration. To seek that all new residential developments in excess of 20 residential units provide for a minimum of 30% universally designed units in accordance with the requirements of ‘Building for Everyone: A Universal Design Approach’ published by the Centre for Excellence in Universal Design. Objective: Universal Design Indicator: A schedule of permitted residential development could be maintained to record compliance with this objective. To ensure that applications for significant large new developments (over 50 units) are accompanied by a social audit and an implementation and phasing programme in relation to community infrastructure, so that facilities identified as needed are provided in a timely and co-ordinated fashion. Objective: Community Infrastructure Indicator: The number and quality of social and community audits submitted. A post-hoc review of the implementation of facilities as laid out in the audits and required by planning condition. To provide that planning permissions granted for the development of all new schools or for existing schools where 25% or greater expansion in classrooms is proposed, should include a requirement for the provision of cycle paths from the school to join the nearest cycle network, where feasible. Objective: School Provision Indicator: Number of school schemes (both new and expansions) which are granted planning permission and include the stated requirement for cycle paths. To achieve and monitor a transition to more sustainable travel modes including walking, cycling and public transport over the lifetime of the development plan, in line with defined targets for different mode shares. Objective: Sustainable Travel Indicator: Mode share, as measured by census, NTA data and other more regular surveys such as the annual ‘canal cordon count’ in Dublin, or similar.
- Development Plan Guidelines for Planning Authorities | 64 Development Plan Objectives – Overview | 5 Development Plan Objectives: Approaches to be avoided “To ensure the highest standards of environmental protection in the assessment of planning applications for all development proposals” Objective: Environmental Protection Comment: While the aspiration of this Objective is laudable, it is not at all clear how it can be measured or evaluated. Linking ‘environmental protection’ to ‘development proposals’ through a measurable process, such as Appropriate Assessment Screening or the Code of Practice for Wastewater Treatment Systems for Single Houses and then reporting on compliance with these processes would be a more suitable approach. “It is council policy to facilitate measured and proportionate mews lane housing development in suitable locations.” Objective: Residential Development Comment: Again, while the sentiment of the Objective may be well-intentioned, without a clearer definition of the terms ‘measured’, ‘proportionate’ or ‘suitable’, it is all but impossible to establish the success of this objective over time. “To investigate the feasibility of preparing Sustainable Urban Drainage Systems (SUDS) guidelines during the lifetime of the plan” Objective: Sustainable Urban Drainage Comment: While the aspiration is positive, the success of this Objective can be more clearly measured by linking to specific SUDS solutions that can be implemented, for example to develop surface water management plans at a settlement level and integrate with Green and Blue Infrastructure (GBI) and site level plans and projects. Linking to measurable indicators, such as compliance with the Water Framework Directive is also a suitable approach. To promote compliance with environmental standards and objectives established for surface and groundwater bodies under the Water Framework Directive (WFD). Objective: Water Quality Indicator: EPA county data on the WFD groundwater quality monitoring programme. Also, the EPA ‘Water Quality Indicators’ dataset reports annually on surface water quality and can be used as an important benchmark for water quality trends. Planning authorities will need to establish robust monitoring systems to assess if development plan objectives are being successfully implemented. See also Section 10.3.1 for indicators to be included as part of Core Strategy Monitoring.
- | Development Plan Guidelines for Planning Authorities | Development Plan Objectives – Overview 65 5 5.5 Non-Mandatory Objectives The First Schedule to the Planning Act sets out a broader range of ‘discretionary’ objectives, which may be indicated in the development plan, as determined by the planning authority. These objectives cover a range of themes, some of which will likely be included in all development plans and some which may be more relevant to particular local authority areas. Some objectives relate to very specific themes, for example the control of development in coastal areas, which will only be relevant for counties with a coastline. An important factor that should be considered in the selection and drafting of non-mandatory objectives is that the objective should be both relevant and necessary. The planning authority should carefully consider the range of nonmandatory objectives as set out in the First Schedule and select the most relevant ones for their development plan area. A critical evaluation should be made of all of the non-mandatory objectives in the existing development plan, with a view to examining those which should be carried over to the new Draft Plan and those that may no longer be relevant. Planning authorities should be careful not to include historical objectives from one plan to the next, in circumstances where the content of the objective is no longer relevant or has been superseded by new legislation or planning guidelines in the subject area. 5.6 Local Area Plan Preparation The provisions of Section 19(1) of the Act set out the circumstances where the making of a local area plan for an area is mandatory (population, designation as a census town, etc.) and where it is at the discretion of the planning authority. In order to provide clarity in relation to local area plans, it is recommended that the planning authority identify in the development plan where development is to be subject to the making of a local area plan (per Section 10(7) of the Act). This can be most appropriately provided by means of a specific list included with the core strategy. The development plan should provide a rationale for the approach to LAP selection and provide a consistent basis for undertaking such a statutory exercise. The commitment to produce of a large number of LAPs, primarily on the basis that there is an existing or historical LAP in place, should be avoided. The planning authority should instead examine if appropriate objectives and policies can be included in the development plan sufficient to provide a planning framework for the development of more modestly sized settlements.
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