Ministerial guidelines
Local Area Plans: Guidelines for Planning Authorities
How a council prepares a local area plan for a town or district.
Department of the Environment, Community and Local Government · June 2013 · 64 pages
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- 24 Key Messages Local area plans are the level of forward planning closest to local communities• and, therefore, the involvement of those communities in the plan-making process is essential. Planning authorities must engage with the providers of essential physical and• social infrastructure and ensure that local area plans are based on realistic assessments as to the funding and timing of the delivery of such infrastructure, recognising that some levels of strategic infrastructure may take a number of plan cycles to provide. The views and opinions of children and young persons must shape the policies and• objectives of local area plans. A range of other statutory consultees is prescribed in planning regulations for the• purposes of public consultation. 4.1 Consulting with Communities and Stakeholders As the level of plan-making that is closest to local communities, either in urban or rural contexts, local area plans must be based on effective public participation and consultation with interested bodies. Participation and consultation in preparing local area plans involves reaching out to two distinct groups (a) local communities and (b) interested bodies, for example the Department of Education and Skills, or the National Transport Authority. The concept of the community as envisaged in these guidelines is broadly based, not just embracing residents and bodies representing particular parts or interests of the community such as younger persons, older persons, people with disabilities, but also those interests key to enabling the achievement of the objectives of the plan, as in the case of landowners, developers and chambers of commerce and similar organisations. In summary, the community might be considered as all those that are both affected by or important to the implementation of the plan. The locally elected members are also a critical element as the democratically elected representatives of the local community. Public participation and consultation should be effected by means of a range of innovative processes, such as information sessions, workshops, internet-based mechanisms and focus groups, in addition to the more usual written consultation process. Careful consideration should be given to the timing of consultation events aimed at the community, for example at evening times, to ensure maximum public access to information about proposed local area plans. Social media can also be a useful mechanism in spreading awareness of local area plan preparation processes. Planning Authorities should actively seek ways to engage with the public and interested bodies and monitor the success of their approach both in qualitative and quantitative terms. Consultation and Consensus 4
- 25 Public participation and consultation in preparing local area plans must also take account of the differing types of contexts for such plans. In preparing local area plans for established towns and villages, the views of local communities should be particularly central to the plan-making process, for example, by examining the provision of essential local community facilities and amenities and objectives for their improvement where necessary. Alternatively, local area plans for urban extension projects where local communities have not yet been established may be more focused on securing the maximum possible agreement between the various statutory bodies and agencies central to physical and social infrastructure provision, as well as engaging with neighbouring communities. Where the local area plan is for a wider geographic area, encompassing distinct but interrelated urban and rural communities, the planning authority must make every effort to ensure that the overall community is consulted and engaged with in the plan making process and to make sure that the plan is reflective of the views of the overall community. In relation to local area plans which envisage major new urban development and depend on the co-operation of statutory bodies and agencies, it will be especially important to engage with: the Department of Education and Skills in relation to forecasts for demand for• future school places and the adequacy, or otherwise, of existing school facilities; infrastructure providers such as the relevant infrastructure sections of the planning• authority, and, as appropriate, the National Transport Authority, National Roads Authority and both CIE and the RPA (Rail Procurement Agency) in relation to transport-related matters; utility providers such as Eircom, Eirgrid/ESB Networks, Bord G• áis etc; the Department of Environment, Community and Local Government/Irish Water in• relation to water services-related matters; the Department of Arts, Heritage and the Gaeltacht in relation to architectural or• archaeological heritage or nature conservation (including the National Parks and Wildlife Service in relation to Appropriate Assessment and the biodiversity, flora and fauna aspects of SEA); the Environmental Protection Agency in relation to Strategic Environmental• Assessment; the Office of Public Works in relation to flood and flood risk-related matters, and in• particular the availability of existing relevant information; IDA Ireland, Enterprise Ireland, County Enterprise Boards and the relevant Chamber• of Commerce in relation to employment and economic development; and The National Disability Authority in relation to promoting effective access for all in• the future development of areas. To facilitate meaningful engagement by interested bodies such as those mentioned above and others, planning authorities should outline the purpose and brief for the proposed local area plan in forwarding documentation to such bodies, including a
- 26 location map with the boundaries of the plan marked and any preliminary estimates of the likely development potential of the area in terms of housing units or floor area of other envisaged developments. It is strongly recommended that planning authorities use the provision available to them under Section 20(1) of the Act to ascertain the views of different infrastructure providers, landowners and developers with particular regard to how future development and infrastructure provision, such as local transport, schools, amenities and water services, might be effectively phased and integrated. Through effective engagement such as that described above, local area plans will be based on more realistic assessments of the likelihood of the provision of the infrastructure, including, agreements with relevant agencies and interests on the relevant funding and timelines for delivery of such infrastructure. Notwithstanding the above, it is recognised that significant pieces of infrastructure, such as neighbourhood parks, new and/or enhanced traffic and transportation routes and water mains, may be delivered beyond the lifetime of the plan through the development management process. This should be reflected in the local area plan’s phasing schedule. Finally, whereas Section 18(6) of the Act provided a mechanism for collaborative development of a local area plan in partnership with broadly based community interests, planning authorities should note that this provision was introduced to facilitate good community engagement rather than the preparation of local area plans, directly or indirectly by local developer interests and such latter arrangements are inappropriate. 4.2 Consultation with Children and Young People Under Section 13 of the Planning and Development (Amendment) Act 2010, which amended Section 20 of Planning and Development Act 2000, children, or groups or associations representing children, are entitled to make submissions or observations on local area plans. This will require planning authorities to be innovative and engage with any community-based organisations that represent younger persons. For example, the need for, location and design of recreational areas for younger children and teenagers should be guided by input from both groups representing younger persons and local communities alike. The provision of well designed and maintained green space with naturalistic play areas can positively transform the everyday experiences of children, young people and their families, encouraging better mental, physical health both directly and indirectly. The Green Schools initiative is also a potential mechanism that could be used to facilitate greater participation by younger persons in the planning process. The provision of youth facilities such as sports and assembly areas and teen cafés are important in providing a structured approach in meeting the needs of younger people. Local area planning should therefore strive to engage with younger persons and organisations involved in their development.
- 27 4.3 Statutory Consultees The Planning and Development Regulations prescribe certain authorities and bodies for the purposes of consultation in developing local area plans. Arising from the transfer of certain functions to the Minister for Arts, Heritage and the Gaeltacht and the amendments made to the SEA Regulations, planning authorities must now consult with the Minister for the Environment, Community and Local Government, in the Minister’s role as a statutory consultee on environmental issues. (e.g. water quality, environmental status of marine waters, foreshore, waste management etc.) at SEA screening, scoping and environmental report stages. This consultation is an additional and distinct requirement from the existing requirement to consult with the Minister on planning policy matters. It remains a requirement for planning authorities to issue a notice to all other designated environmental authorities (as appropriate), giving them an opportunity to comment on whether or not they consider significant effects on the environment would be likely to arise in relation to the local area plan process. In this regard, the list of designated authorities that must be consulted include: the Minister for Agriculture, Food and the Marine, and the Minister for• Communications, Energy and Natural Resources where it appears there might be a significant effect on fisheries or the marine environment; and the Minister for Arts, Heritage and Gaeltacht Affairs where it appears there might• be significant effects in relation to the architectural or archaeological heritage or to nature conservation. Furthermore, any planning authority preparing a local area plan must consult with any adjoining planning authority whose area is contiguous to the area of the local area plan. Planning authorities are also reminded of their obligations under the EU Strategic Environmental Assessment Directive in relation to transboundary consultation in the case of an local area plan affecting another EU member state, which in the Irish context will normally involve plans in areas adjoining or close to Northern Ireland. The Department has put in place a number of arrangements with its equivalents in Northern Ireland and local authorities affected should advise the Department if they believe trans-boundary consultation to be necessary and the appropriate arrangements will be put in place accordingly.
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- 29 5 Structure and Content of Local Area Plans
- 30 Key Messages Good-quality local area plans will, first and foremost, focus on the needs of local• communities. Local area plans also have a key role to play in supporting overall efforts for• national recovery, especially in relation to identifying and facilitating sustainable economic activity and employment growth. Integration of environmental considerations such as climate change, biodiversity,• nature conservation and green infrastructure into the local planning process is essential in meeting future challenges. Local area plans are a central implementation mechanism for key national policies• in relation to planning for schools, smarter travel, architecture, and urban design. High-quality presentation of local area plans is essential in communicating the• messages of such plans and maximising consensus on future development objectives. 5.1 Key Policies for Future Local Area Plans Over the past decade, Ireland has experienced rapid change in its society, economy and environment. Ireland now faces significant challenges in consolidating this change, learning from this experience, and adapting to changed circumstances and the need for national recovery. Local area plans, have a key role to play in assisting the process of national recovery. As local area plans need to respond to differing contexts, these guidelines do not propose a standard template for their structure. However, the changed social, economic and legislative context for local area plans suggests that they should contain policies and objectives that: Link the local area plan• to the corresponding core strategy of the development plan with a clear vision and set of strategies to deliver that vision in the local area plan; Focus on identifying and meeting the needs of communities• rather than development for development’s sake; Promote local economic development and employment growth• by focusing on issues such as the creation of vibrant and dynamic city and town centres where local businesses thrive and the provision of low cost accommodation for start-up businesses; Integrate environmental considerations into local planning• by addressing both the causes and the effects of climate change such as flood risk, maximising biodiversity, and providing green infrastructure; Ensure that• adequate provision is made for schools; Encourage smarter travel patterns through more compact, less sprawling, and• better structured urban areas and facilitating more sustainable and healthier travel habits such as walking, cycling, and the use of public transport; and Deliver high-quality urban design• that improves people’s quality of life. Structure and Content of Local Area Plans 5
- 31 Local area plans should also be clear and concise, written in non-technical language and presented with diagrams and maps that are easy to understand. 5.2 Focusing on the Needs of Local Communities including Gaeltacht Areas Given that a local area plan can be made for a variety of physical contexts, the interests of local communities will depend on whether the area of the plan is a newlydeveloping area, an established one or a rural area. However, local area plans focused on meeting the needs of the community will all: implement the core strategy• of the relevant development plan to identify realistic assessments of the need for future development such as housing, so that future development requirements are in line with actual need; represent consensus• 7 to the greatest extent possible through participative approaches to plan preparation involving, first and foremost, the local community, relevant infrastructure providers and developing a thorough understanding and knowledge of the place or area being planned for; be specific on implementation• , including relevant roles and responsibilities, for example, through co-ordination of the local area plan process with the local development functions of the local authority; and meet the needs of specific key segments of local communities• such as younger and older persons and those with mobility or other impairments through comprehensive transport and mobility assessments enabling the creation of more sustainable, accessible, better quality, and enduring towns and neighbourhoods. In an existing developed area, meeting local community needs will usually be particularly focused on: reinforcing existing neighbourhood facilities• through the adequate provision of social, community and recreational facilities; improving the public domain• by providing active frontage to all public spaces and routes, thus promoting streets which encourage pedestrian activity and are safer by benefitting from passive surveillance; promoting mixed use development• to ensure that village and town centre areas are both living and working spaces; providing for a variety of housing types• which respond to the differing needs of differing households whether single people, families or older people with a suitable mix of tenure; promoting sustainable and safe communities• by identifying areas at risk of flooding to ensure the avoidance of inappropriate development in floodplains and the management and mitigation of flood risks; and conserving and enhancing local heritage• of the built and natural environment which help to define the identity and sense of place of local communities. 7 Consensus may not be possible where different sections of the local population want radically different outcomes. Planning Authorities must use the best evidence and best practice to propose solutions. Where consensus or compromise is not possible or appropriate, the matter will be one for the elected members to make a final decision.
- 32 For local area plans focused on meeting the needs of communities in newly developing areas, the emphasis should be on: providing compact, walkable neighbourhoods• incorporating a variety of house types with mixed tenure; providing conveniently-located neighbourhood facilities• commensurate with projected population, including playground/play areas; providing a mix of residential and commercial uses• with adequate local employment opportunities; designing in active streets and designing out anti-social behaviour• through urban masterplanning, encouraging good mixture of uses and adaptability of buildings; and measures to encourage local people to adopt healthier, smarter ways to travel• around their local communities, especially walking and cycling. Local area plans that encompass both urban and rural areas should address the distinct and shared needs of both areas in the analysis and objectives of such plans, focusing particularly on matters such as travel and transport, conservation and heritage, flood risk and provision of schools. Regardless of the physical or locational context for local area plans, planning also has an important role to play in promoting and facilitating active and healthy living patterns for local communities. For example, the local area plan can promote active and healthier lifestyles by ensuring that: future development prioritises the need for people to be physically active as a• routine part of their daily lives; pedestrians, cyclists and users of other modes of transport that involve physical• activity are given the highest priority in transport and mobility strategies, policies, and objectives; public open spaces are located and delivered in a way that ensures they are capable• of being easily reached on foot or bicycle by routes that are secure and of a high standard and that take biodiversity issues into account in their design; any new workplaces are linked to walking and cycling networks;• play areas are designed to encourage varied and physically active play; and• exposure of children to the promotion of foods that are high in fat, salt or sugar is• reduced such as the careful consideration of the appropriateness and or location of fast food outlets in the vicinity of schools and parks. The preparation of local area plans should take account of factors such as those outlined above and integrate them into specific proposals and objectives of the plan. Local authorities may decide to prepare local area plans for Irish speaking or Gaeltacht areas. In preparing such plans, the protection of the linguistic and cultural heritage and identity of such areas must be an overarching objective. The guidelines for planning authorities on the preparation of development plans contain practical advice on the content of plans for Gaeltacht areas, including in the Appendices to the guidelines, and this advice is also relevant for local area plans. In overall terms, local area plans covering Gaeltacht areas must strike a good balance between facilitating a level of activity and development that meets the needs of the local community and its stability in economic and social terms while avoiding an
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