MODULE 1: INTRODUCTION TO PLANNING & ROLE OF THE

PLANNER

INTRODUCTION TO THE IRISH PLANNING SYSTEM

24TH MARCH 2015Please note this is an information seminar only & the IPI is not in a position to offer any legally binding advice on

individual cases

Agenda Overview The Development Plan Planning Permission An Bord Pleanála Enforcement Conclusion

Overview

Planning “will ensure that the right development takes place in the right locations and at the right time and in providing the social, economic and physical infrastructure necessary to meet the needs of our people in a way that protects the many qualities of our natural and built environment.” (Planning Policy Statement, 2015)

Modern Planning system just over 50 years old – main elements are Forward Planning, Development Management and Enforcement

What is a Development Plan?

Overall strategy for proper planning and sustainable development of the area

Consists of written statement and plans

Key instrument that planners use when determining planning applications

The Development Plan Process

Development Plans contain objectives for the area

Planning and Development Act provides they must provide objectives for:

- zoning

- infrastructure provision

- conservation and protection of the environment

- social, community and cultural requirements

- preservation of character of landscape

- protection of structures

- preservation of architectural conservation areas

- development and renewal of areas in need of regeneration

- accommodation for travellers, use of particular areas for that purpose

- control of new establishments having regard to Major Accidents Directive

- provision and facilitation of services

- protection of linguistic and cultural heritage

Other Provisions

- can indicate Local Area Plan (LAP) will be prepared for a particular area.

Section 19 of P & D Act provides instances where LAP may and shall be made

N.B. - "no presumption in law that any land zoned in a particular development plan shall remain so zoned...."

The Development Plan Process

Background work, data gathering, informal consultation with members

Notice of Intention of planning authority to Prepare a New Development Plan (Must be made not later than 4 years

after the making of the existing plan)

Public Consultation at least 8 weeks

Manager’s Report & Recommendation

Directions from elected Members (within 10 weeks of submission of Manager’s Report)

The Development Plan ProcessSteps 1-5

Public Notice and Invite submissions

Public Consultation At Least 10 Weeks

Manager’s Report

Making of Development Plan by Planning Authority members unless Material Alterations

are proposed

Consideration by members of the draft submitted by the manager and finalisation for initial public display

The Development Plan ProcessSteps 6-10

Notice of Material Alterations (amend environmental report if necessary)

Public Consultation at least 4 weeks

Manager’s Report

Making of Plan

Any Material Alterations

The Development Plan ProcessSteps 11-16

Development Plan Process - Environmental Impacts

• Strategic Environmental Assessment

• Appropriate Assessment - Natura 2000 sites

Where members fail to make Development Plan within 2 years Chief Executive/Manager shall make the plan

proviso... only agreed part of the plan... Validity of plan cannot be questioned save for procedural

matters as provided for in the P & D Act

The Development Plan Process

ConclusionYour Development Plan for your area - Plan affects everyone!Sets out policies and objectives for area - 6 year Public participation crucial to be representative of all in an area- workshops, written submissions, public meetings etc. Elected Members make plan not plannersPlanner's role is to advise and assist Manager and others in process, they provide the technical knowledgeDevelopment plans/LAPs/Town Plans all available on LA websites

The Development Plan Process

Planning PermissionDevelopment Control / Management

Yes*You need permission for any

development of land or property*

*unless it’s exempted!!!

Do I Need Planning Permission?

Development Management

Timescale Action / Outcome

Week 1 Newspaper notice publishedSite notice erected

Week 2 Latest date for lodging application

Week 2 - 5 Application validatedSubmissions / observations / objections (subject to appropriate fee)

Week 5 - 8 (1) Notification of decision (grant /refuse / grant with conditions)

(2) Further information (clarification)

4 weeks after notice (1) Grant of permission issued(2) Appeal decision

Chief Executive

An Bord Pleanála

Chairpersons

Bord Members

Professional Staff (Inspectorate)

Administration

An Bord Pleanála

An Bord Pleanála Main Functions Determination of planning appeals under the following:

1. Planning & Development Acts2. Water & Air Pollution Acts3. Building Control ActsIn 2012 7% of applications were appealed to An Bord Pleanála who either confirmed or varied the decision of the local authority in 50.9% of cases or reversed 49.1% of cases

Strategic Development Zones

Determination of Strategic Infrastructure Development (SIDs) applications including

Local Authority Projects

Compulsory acquisition of land by local authorities

Oral Hearings

An Bord Pleanála

Strategic Development Zones (SDZ)

An Bord Pleanála

Adamstown Grangegorman

Strategic Infrastructure Developments (SIDs)

An Bord Pleanála

National Children’s Hospital Metro North

An Bord Pleanála Ordinary Appeals First Party vs Planning Authority Decision (refusal)

First Party vs Conditions

Third Party vs Planning Authority Decision (grant)

An Bord Pleanála

De NovoObserversOral HearingsBoard may grant, refuse, grant with conditionsStatutory objective period – 18 weeks

How is the Decision Made?

What is considered?

Legislation / Development Plan / Statutory Guidance etc etc

Planning Permission

Site Inspection The proper planning and sustainable development of the area (e.g.

appropriate land use (zoning), road safety, development density, size, location, adherence to established planning and development practices)

Development Plan / Record of Protected Structures Government policy / guidelines / circulars The provision of a Special Amenity Area Order Any European site (e.g. Special Areas of Conservation; Special Protection

Areas); Submissions and observations made by members of the public Internal Departmental Reports (roads, water services, city architect etc) Prescribed Bodies (OPW, An Taisce, DoECLG etc)

Planning Permission

Planning Authority Has Regard to:

Commenting on a Planning Application

Everyone has a right to comment on local planning matters, and to shape the planning and development of their area

Development Plan

Pre Planning Consultation

Planning Application - Public Access to the Planning File

Submissions and Observations (5 weeks)

An Bord Pleanála (4 weeks)

Oral Hearings

Fees

Enforcement

A Guide to Planning Enforcement in Ireland launched in November 2012

Any development which requires planning permission and does not have that permission, or which is going ahead in breach of the specific conditions set out in its planning permission, is classed as ‘unauthorised development’

Enforcement action cannot be taken if the work carried out does not require permission/consent in the first place, such as:– A change of use of a structure where the change is not material– Developments of a minor nature

First Step setting out to the local authority - in writing - why you believe someone is developing or using land without, or contrary to, planning permission

Possible Next Steps– Warning Letter– Enforcement Notice– Court action/injunctions– Retention

Enforcement

Planning in a time of change New National Spatial Strategy (National

Planning Framework) being developed Regional Spatial and Economic Strategies New Planning Bills Office of the Planning Regulator

Conclusion