Introduction to YOUR Planning System Irish Planning Ins,tute Ciarán M Tracey. B.Soc.Sc., H.Dip.T.P., Dip.L.S., F.I.P.I Please note this is an informa,on seminar only & the IPI is not in a posi,on to offer any legally binding advice on individual cases
About the IPI The Irish Planning Ins,tute is the independent professional body represen,ng the majority of professional planners engaged in physical, spa,al and environmental planning in Ireland, serving both the public and private sectors. The Council, which is the governing body of the Ins,tute, is directly elected by the membership The aims of the Planning Ins,tute are: To raise the standards of planning To ar,culate professional planning opinion To improve and promote the status of the planning profession To contribute to planning educa,on To encourage environmental awareness in the community To represent Irish planning interests abroad
This presentation will deal with the following areas: The Development Plan Process Development Management Enforcement
The Development Plan Process
What is a Development Plan? Overall strategy for proper planning and sustainable development of the L.A. area. Consists of a wrilen statement and plans, supported by the Housing and Retail Strategies and the Strategic Environmental Assessment It is the Key instrument that planners use when determining planning applica,ons
The Development Plan Process Development Plans contain objec,ves for the area Planning and Development Act provides they must provide objec,ves for: - Zoning - Infrastructure provision - Conserva,on and protec,on of the environment - Social, community and cultural requirements - Preserva,on of character of landscape - Protec,on of structures of Historical, Cultural and Architectural value - Preserva,on of architectural conserva,on areas - Development and renewal of areas in need of regenera,on - Accommoda,on for travellers, use of par,cular areas for that purpose - Control of new establishments having regard to Major Accidents(SEVESO) Direc,ve - Provision and facilita,on of services - Protec,on of linguis,c and cultural heritage
The Development Plan Process 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., Now >10,000 pop. N.B. - "no presumption in law that any land zoned in a particular development plan shall remain so zoned..."
The Development Plan Process The Development Plan Process Steps 1-5 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 Chief Executive s Report & Recommendation Directions from elected Members (within 10 weeks of submission of Chief Executive s Report)
The Development Plan Process The Development Plan Process Steps 6-11 Preparation of Chief Executive s Draft Plan by Planners Consideration by members of the draft submitted by the Chief Executive and finalisation for initial public display Public Notice and Invite submissions Public Consultation At Least 10 Weeks Chief Executive s Report Making of Development Plan by Planning Authority members unless Material Alterations are proposed
The Development Plan Process The Development Plan Process Steps 12-17 Any Material Alterations Notice of Material Alterations (amend environmental report if necessary) Public Consultation at least 4 weeks Chief Executive s Report Making of Plan
Development Plan Process - Environmental Impacts Strategic Environmental Assessment Appropriate Assessment - Natura 2000 sites
The Development Plan Process Members role - make the development plan - must have regard to / be consistent with: (a) Proper planning and sustainable development of area (b) Statutory obligations of Local Authority (c) Policies and Objectives of Government & (d) Regional Planning Guidelines
The Development Plan Process The Core Strategy Introduced into the development plan making process in the 2010 P&D Act A new key element in the Development Plan - it must demonstrate that the plan is consistent with: (a) The National Spatial Strategy (b) The Regional Planning Guidelines (c) and that the zoning and other provisions for the area are Evidence Based.
The Development Plan Process Where members fail to make Development Plan within the 2 years, the Chief Executive 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
Importance of the Development Plan Process Conclusion Your 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 areaworkshops, written submissions, public meetings etc. Elected Members make the Plan, not the Chief Executive or the Planners Planner's role is to advise and assist the Chief Executive and the Members in the process. They provide the technical knowledge & Independent Advice. Development Plans/LAPs/Town Plans all available on LA websites
Development Management Development Control / Planning Permission
Development Management
Everyone s question: Do I Need Planning Permission?
Do I Need Planning Permission? Yes* You need permission for any development of land or property* *unless it s exempted!!! Development is defined as Works on, in or under any land, including land covered by water, or any material change of use
Development Management Timescale Week -2 End Week -1 Week 1-5 Week 5-8 Action / Outcome Newspaper notice published Site notice erected [not more than 14 days before lodgement of application] Latest date for lodging application Application validated Submissions / observations / objections (subject to appropriate fee) Consideration of Application. (1) Notification of decision (grant /refuse / grant with conditions) (2) Further information (clarification) [go to week 9] 4 weeks after notice (1) Grant of permission issued if no appeal lodged (2) ABP advise Appeal lodged. Week 9-12 (1) Consideration of FI submitted if requested. (2) Notification of decision (grant /refuse / grant with conditions) Chief Executive is decision maker
An Bord Pleanála An Bord Pleanála Chairperson Bord Members Professional Staff (Inspectorate) Administration
An Bord Pleanála An Bord Pleanála Main Functions Determination of planning appeals under the following: 1. Planning & Development Acts 2. Water & Air Pollution Acts 3. Building Control Acts Strategic Development Zones Determination of Strategic Infrastructure Development (SIDs) applications, including Local Authority large scale Projects (which need EIA or NIA s and not subject to Part VIII process) Compulsory acquisition of land by local authorities for Road Schemes etc. Oral Hearings
An Bord Pleanála Strategic Development Zones (SDZ) Adamstown Grangegorman
An Bord Pleanála Strategic Infrastructure Developments (SIDs) National Children s Hospital Metro North
Planning Permission How is the Decision Made? What is considered? Legislation / Development Plan / Statutory Guidance etc. etc. Submissions / Observations / Objections
Planning Permission Site Inspection Planning Authority Has Regard to: 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 / Ministerial Guidelines / Departmental Circulars The provision of a Special Amenity Area Order Any European site (e.g. Special Areas of Conservation [habitats]; Special Protection Areas [Birds], Natual Heritage Areas (NHA s); 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)
Commenting on Planning Matters Everyone has a right to comment on local planning matters, and to shape the planning and development of their area @ both Development Plan stage and on Planning Applications Pre Planning Consultation :- Free advice from the Planning Authority. Planning Application - Public Access to the Planning File Submissions and Observations (5 weeks) An Bord Pleanála (4 weeks) Oral Hearings Fees
Commenting on Planning Matters Everyone has a right to comment on local planning matters, and to shape the planning and development of their area Part VIII : - Local Authority s Own Development proposals. Works / Developments by a Local Authority within its own area constitute Exempt Development under the provisions of s.4 of the P&D Acts. However, it MUST comply with the CDP and PP&SD. Part VII is NOT a planning application / permission, but a consultation process with the Public, to give them an opportunity to make their views know before the project is proceeded with. The Project may be in partnership with Others organisation. The decision is a reserved function of the Members. There is no appeal to An Bord Pleanala by any party
Development Management : Other Typical Workloads Ø Pre-Planning Stage Ø Pre-Planning Applications ~ Written responses and / or Meetings Ø Councillors representations Ø Section 96 Declarations of exemption from/ under Part V Ø Post Planning Stage Ø Submissions in Compliance with conditions. Ø Observations of Appeals Ø Extension of duration applications Ø Release of bond applications / Taking in Charge. Public Safety Initiative and Site Resolution Plans [Unfinished Estates] Ø Quarry Consents under S264A Ø Event Licencing Ø Derelict Sites
Planning Departments: Other Typical Workloads Ø Other Miscellaneous Work Ø Council Developments under Part VIII Ø Section 5 Declarations / Certificates of Exemption Ø Forestry reports on Tree Felling / Tree planting Ø Tree Preservation Orders Ø Article 254 Hoarding and Scaffolding Licences Ø Record of Protected Structures and County Heritage Plan Ø Section 57 Declaration [exempted works] Ø Conservation Grant Schemes Ø Housing Land Availability returns / MyPlan data inputs. Ø Urban and Village Renewal proposals to DoECLG Ø Submissions on draft or proposed legislation, guidelines, Plans from adjoining Counties.
Development Management SUSTAINABLY
Development Management
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 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 Ø Warning Letter Ø Enforcement Notice Ø Court action/injunctions Ø Retention Comment on Process Ø Complex and lengthy : Case example.
Thank You for your attention Questions & Answers