Part IX
Strategic Development Zones
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Section 165: Interpretation
Commenced: 1 November 2000
S.I. No. 349 of 2000
Associated repeals: None
Associated regulations or Orders: None
Guidance Note edition: January 2001
This section sets out interpretations relevant to the other sections in Part IX.
A number of specific agencies and local authorities are specified as being
‘development agencies’. A development agency will prepare the draft planning
scheme for the strategic development zone which is submitted to the planning
authority. It is open to the Minister to prescribe additional bodies as development
agencies for the purposes of this part.
It is not intended to prescribe any further bodies as development agencies at this
stage.
A ‘strategic development zone’ is defined as a site or sites for which a planning
scheme has been made and is in force. The special rules concerning planning
applications and appeals set out in section 170 (see separate note) do not apply until
this is the case.
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Section 166: Designation of sites for strategic development zones.
Commenced: 1 November 2000
S.I. 349 of 2000
Associated repeals: None.
Associated regulations or Orders: None
Guidance Note edition: January 2001
This section provides that the Government may designate a site or sites for the making
of a strategic development zone and specify the types of development for which the
zone will be established.
Subsection (1) enables the Government, on foot of a proposal by the Minister for the
Environment and Local Government, to designate a particular site or sites for the
establishment of a strategic development zone. This designation may be done to
facilitate development which is, in the opinion of the Government, of economic or
social importance to the State. The types of development for which a zone may be
established include industrial, residential or commercial development which is of
importance in a national context.
Subsection (2) requires the Minister, in advance of putting a proposal to the
Government to designate a site, to consult with any relevant development agency or
local authority. In practice, it is likely that the proposal to designate a site will come
from an agency or authority, perhaps at the request of the Minister for proposals
where necessary.
Subsection (3) sets out the content of the Government order. The order must specify-
the particular development agency or agencies which will be responsible for
the preparation of the draft planning scheme,
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the type or types of development which are to be facilitated by the
establishment of the strategic development zone. Under subsection (5),
development which is ancillary to or necessary for the specified types of
development is deemed to be included in the order, even if not expressly stated
to be included by the Government. This includes for example necessary
infrastructural works to permit the development to proceed,
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the reasons why the type or types of development have been specified and the
site or sites designated by the Government.
Under section 168(1) (see separate note), a draft planning scheme must be prepared
for the designated site or sites within 2 years of the order being made. An order under
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this section therefore has an effective life of two years. Subsection (6) enables the
Government to amend or revoke an order designating a site for the establishment of a
strategic development zone.
Subsection (4) provides that the Minister must forward a copy of the Government
order to the relevant development agency, the planning authority and regional
authority for the area and the Board.
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Section 167: Acquisition of site for strategic development zone.
Commenced: 1 November 2000
S.I. No. 349 of 2000
Associated repeals: None.
Associated regulations or Orders: None
Guidance Note edition: January 2001
This section enables land to be acquired by the planning authority or agreements to be
made by a development agency to facilitate the establishment of a strategic
development zone.
Subsection (1) provides that the planning authority can use any powers open to it
under the Planning and Development Act or any other enactment to acquire land,
including where necessary its powers of compulsory acquisition, in order to provide,
secure or facilitate the provision of the site or sites which have been designated under
section 166 (see separate note). These powers can be employed before or after the
making of a planning scheme in accordance with section 169 (see separate note).
Subsection (2) enables the development agency which is or will be involved in the
preparing of the draft planning scheme to enter into an agreement with the owner or
owners of the land specified in the Government order under section 166 for the
establishment of a strategic development zone to facilitate the development of the
land.
Subsection (3) provides that if an agreement is made under subsection (2), that
agreement will also bind any subsequent owner of the land.
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Section 168: Planning scheme for strategic development zones.
Commenced 1 November 2000
S.I. 349 of 2000
Associated repeals: None
Associated regulations or Orders: None
Guidance Note edition: January 2001
This section states the requirement to prepare a draft planning scheme for the site or
sites designated for the establishment of a strategic development zone, and sets out the
content of such a scheme.
Sub-section (1) provides that a draft planning scheme must be prepared for a
designated site (or part of it) within 2 years of the Government order designating that
site under section 166. The draft planning scheme must be prepared by the
development agency or agencies specified in the Government order. However, if an
agreement has been reached under section 167 between the development agency and a
landowner to facilitate the development of the land, the draft planning scheme may be
prepared jointly by them.
Sub-section (2) sets out the content of the draft planning scheme. It shall consist of a
written statement and a plan which shall indicate how the site is to be developed.
The scheme should also state the types of development to be permitted on the site and
their extent and give proposals in relation to design, minimisation of adverse effects
on the environment and ancillary infrastructural, community and other development.
Sub-section (3) requires information on the likely significant environmental impacts
of implementing the scheme to be included in the draft planning scheme. The
information to be included is that required to be included in an environmental impact
statement under section 177, insofar as that is relevant to the detail of the scheme.
Sub-section (4)(a) provides that, where the draft planning scheme relates to residential
development, it must be consistent with the housing strategy prepared by the planning
authority in accordance with Part V of the Act. If land within a strategic development
zone is to be used for residential development, a specific objective reserving land for
the provision of social and affordable housing must be included in the draft scheme
under paragraph (b).
Sub-section (5) provides for the event that a site or sites designated by Government
order under section 166 is or are situated in two or more planning authorities’
functional areas. In that case, the functions conferred under Part IX, including the
approval of the making of the planning scheme, may be performed jointly by the
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authorities in question, or performed by one, having obtained the consent of the other
authority or authorities in advance of the making of a scheme.
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Section 169: Making of planning scheme
Commenced 1 November 2000
S.I. 349 of 2000
Associated repeals: None
Associated regulations or Orders: Article 8 of the Planning and Development
Regulations, 2000
Guidance Note edition: January 2001
This section sets out the procedures to be followed when a draft planning scheme is
submitted to a planning authority, and provides for an appeal of the decision of the
planning authority to An Bord Pleanála.
Sub-section (1)(a) provides that, after a draft planning scheme has been submitted to a
planning authority by a development agency under section 168, the planning authority
must notify, and copy the draft planning scheme to, the Minister, the Board and any
authorities prescribed under regulations.
A number of bodies which must be notified of and copied with the draft planning
scheme are set out in article 8 of the Planning and Development Regulations, 2000.
All draft planning schemes must be sent to –
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the regional authority within whose region the site or sites to which the draft
planning scheme applies is or are situated,
any local authority whose area is within or contiguous to the site or sites to which
the draft planning scheme applies, and
any planning authority whose area is contiguous to the site or sites to which the
draft planning scheme applies.
In addition, depending on the type or types of development to which the draft
planning scheme relates, or on the likely effects, in the planning authority’s opinion,
of development under the draft planning scheme, the planning authority must notify
other relevant bodies. Reference should be made to the regulation to determine which
bodies should be notified in any particular case.
Under paragraph (b), the planning authority must also place a notice of the
preparation of the draft planning scheme in one or more newspapers circulating in its
area.
Sub-section (2) sets out the content of the notice required under both paragraphs (a)
and (b) of sub-section (1). The notice must state that a copy of the draft planning
scheme is available for inspection at a particular location or particular locations at
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particular times. The scheme must be available for inspection for a minimum of 6
weeks.
Each planning authority should also, if possible, make the draft planning scheme
available on its website. To facilitate this, the development agency should be
requested to provide an electronic copy of the draft planning scheme when submitting
it to the planning authority.
The notice must also state that submissions or observations made in writing in respect
of the draft planning scheme within the period for inspection stated in the notice will
be taken into account when considering the making of the scheme.
Under sub-section (3), not more than 12 weeks after the giving of notice of the
preparation of a draft planning scheme, the manager of the planning authority must
prepare a report for submission to the members of the authority on any submissions or
observations received.
Paragraph (b) sets out the content of the manager’s report. It must –
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list the person or persons who made submissions or observations on the draft
planning scheme,
summarise the issues raised in the submissions or observations,
respond to the issues raised, taking account of proper planning and sustainable
development, the statutory obligations of any local authority in the area and any
relevant Government or Ministerial policies or objectives.
In the event that no submissions or observations are made on the draft planning
scheme, the report of the manager should state that fact.
Sub-section (4) sets out the procedures for the consideration of the planning scheme
by the elected members of the planning authority. Under paragraph (a) the members
of the planning authority must consider both the draft planning scheme and the report
of the manager on submissions and observations made on it. Sub-section (8) sets out
those issues which must be considered when deciding whether to make the planning
scheme.
Paragraph (b) provides that the scheme shall be deemed to be made 6 weeks from the
date of submission of the scheme and the manager’s report to the members of the
authority, unless the members by resolution decide to make the scheme subject to
variations or modifications, or they resolve to refuse to make the scheme. Any such
resolution must be done within 6 weeks of the submission of the draft scheme to the
elected members.
Although the scheme may be made by resolution of the members of the authority, or
deemed to be made after 6 weeks from the date of submission to the elected members,
paragraph (c) provides that it will come into force after a further 4 weeks. However,
if an appeal against the decision of the planning authority is made to An Bord
Pleanála, it will not come into force until the appeal is determined.
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Sub-section (5) provides for the notification, within 6 working days of the decision of
the planning authority on the scheme, of the Minister, the Board, the authorities
prescribed for the purposes of subsection (1) and any person who made a submission
or observation on the draft planning scheme, and for a notice to be published in one or
more newspapers circulating in the area. Paragraph (b) provides that this notice must:
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give the date of the planning authority’s decision on the draft planning scheme,
state what the decision was, i.e. made, made with variations or modifications or
not made,
state the location or locations at which the planning scheme is available for
inspection,
state that any person who made submissions or observations on the draft scheme
may appeal the decision to the Board within 4 weeks of the date of the Board’s
decision.
The Minister may also prescribe other information which must be included in this
notice.
It is not intended to make any such regulations at this time.
Sub-section (6) enables the development agency involved in the preparation of the
draft planning scheme, or any person who made submissions or observations in
respect of the draft planning scheme, to appeal the decision of the planning authority
on the scheme to the Board. The appeal must state the reasons for appealing.
Sub-section (7) provides that the Board may, having considered an appeal against the
decision of a planning authority under sub-section (6), may approve the making of a
planning scheme, with or without modifications, or it may refuse to do so. The Board
is subject, when considering appeals under this section, to the rules concerning
appeals set out in Chapter III of Part VI, for example, in relation to the objective for
determining appeals within 18 weeks. It must also consider the matters referred to in
sub-section (8).
Where following an appeal under this section the Board approves the making of a
scheme, paragraph (b) provides that the planning authority shall publish a notice of
the approval of the scheme in at least one newspaper circulating in the area. This
notice shall state that a planning scheme shall be kept available for inspection at a
stated place or places.
Sub-section (8) sets out the matters that must be considered by the planning authority
or the Board when considering the draft planning scheme. It must consider the proper
planning and sustainable development of the area, and also -
the provisions of the development plan,
the provisions of the housing strategy (see also section 168(4)),
the provisions of any special amenity area order or the conservation or protection
of any European site,
if appropriate, the effect on any neighbouring land to the land to which the scheme
relates,
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if appropriate, the effect the scheme would have on any place outside the area of
the planning authority, and
if appropriate, any other consideration relating to development outside the area of
the planning authority, including any area outside the State.
Sub-section (9) provides that a planning scheme under this section is deemed to be
part of the development plan for the area, until revoked. Any provision of the
development plan which is contrary to the terms of the planning scheme is superseded
to the extent necessary to fulfil the terms of the scheme.
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Section 170: Application for development in strategic development zone.
Commenced 1 November 2000
S.I. 349 of 2000
Associated repeals: None
Associated regulations or Orders: None
Guidance Note edition: January 2001
This section sets out the special provisions which apply for applications for
permission within a strategic development zone.
Sub-section (1) provides that applications for permission in a strategic development
zone should be made in accordance with section 34 as for other planning applications.
The provisions of section 34 and the permission regulations apply to any such
application, subject to the special rules set out in this section.
Sub-section (2) provides that –
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permission must be granted for a development where the planning authority is
satisfied that the development, if carried out in accordance with the application for
permission or any conditions to which the permission may be subject, would be
consistent with the planning scheme. (It should be noted that, as for any
development, development in a strategic development zone must be carried out in
accordance with planning permission and any conditions to which it is subject.
The enforcement provisions set out in Part VIII of the Act apply to any
development which is not so carried out.)
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permission must be refused for a development which would not be consistent
with the planning scheme.
Sub-section (3) provides that no appeal to the Board shall lie, whether by the
applicant for permission or by any other person, against a decision by a planning
authority in respect of an application for permission for development in a strategic
development zone.
Sub-section (4) provides that, having regard to the fact that no appeal is permitted
against a decision by a planning authority to grant permission for development within
a strategic development zone, any such grant of permission shall come into force
immediately on the date of the grant.
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Section 171: Revocation of planning scheme
Commenced 1 November 2000
S.I. 349 of 2000
Associated repeals: None
Associated regulations or Orders: None
Guidance Note edition: December, 2000
This section provides for the revocation or amendment of a planning scheme. It may
be necessary to amend a planning scheme if the circumstances relating to the scheme
have changed, or having regard to the implementation of the scheme. It may be
necessary to revoke a planning scheme where for example the site or sites to which
the scheme relate have been developed in accordance with the scheme.
Sub-section (1) enables the planning authority, by resolution having received the
consent of the development agency concerned, to amend or revoke a planning
scheme. As the amendment or revocation must be done by resolution, this decision is
one reserved for the members of the authority.
Sub-section (2) provides that where a planning authority proposes to amend a scheme
the procedures set out in section 169 apply. Section 169 should be construed as
applying to a draft amendment to a planning scheme, e.g. section 169(1) would read
“Where a draft amendment to a planning scheme has been prepared and submitted to
the planning authority, the planning authority ….”.
Sub-section (3) provides that following the making of a resolution to revoke a
scheme, the planning authority must publish a notice of the revocation in at least one
newspaper circulating in the area of the authority.
Sub-section (4) provides a saver for the validity of any planning permission granted or
anything done in accordance with the terms of a planning scheme before it was
amended or revoked.
However in order to ensure that sub-section (4) cannot be interpreted so as to continue
the life of such a planning permission indefinitely, sub-section (5) provides that
section 40 which limits the duration of a permission and section 42 relating to the
power to extend the duration of a permission apply to permissions granted in a
strategic development zone.
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