Introduction to Irish Planning System

1. MODULE 1: INTRODUCTION TO PLANNING & ROLE OF THE PLANNERIntroduction to the irish planning system24th march 2015 Please note this is an information seminar only & the IPI is not in a position to offer any legally binding advice on individual cases

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

3. 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

4. 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

5. 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

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

7. The Development Plan ProcessSteps 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 Manager’s Report & Recommendation Directions from elected Members (within 10 weeks of submission of Manager’s Report)

8. The Development Plan ProcessSteps 6-10 Consideration by members of the draft submitted by the manager and finalisation for initial public display 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

9. The Development Plan ProcessSteps 11-16 Any Material Alterations Notice of Material Alterations (amend environmental report if necessary) Public Consultation at least4 weeks Manager’sReport Making of Plan

10. Development Plan Process - Environmental Impacts • Strategic Environmental Assessment • Appropriate Assessment - Natura 2000 sites

11. The Development Plan Process • Where members fail to make DevelopmentPlan 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

12. 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 area- workshops, written submissions, public meetings etc. • Elected Members make plan not planners • Planner's role is to advise and assist Manager and others in process, they provide the technical knowledge • Development plans/LAPs/Town Plans all available on LA websites

13. Planning PermissionDevelopment Control / Management

14. Do I Need Planning Permission? Yes* You need permission for any development of land or property* *unless it’s exempted!!!

15. Development Management Chief Executive

16. An Bord Pleanála An Bord PleanálaChairpersonsBord MembersProfessional Staff (Inspectorate)Administration

17. An Bord Pleanála An BordPleanála Main Functions Determination of planning appeals under the following:1. Planning & Development Acts2. Water & Air Pollution Acts3. Building Control Acts In 2012 7% of applications were appealed to An BordPleanála 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

18. An Bord Pleanála Adamstown Grangegorman Strategic Development Zones (SDZ)

19. An Bord Pleanála National Children’s Hospital Metro North Strategic Infrastructure Developments (SIDs)

20. An Bord Pleanála • De Novo • Observers • Oral Hearings • Board may grant, refuse, grant with conditions • Statutory objective period – 18 weeks An Bord Pleanála Ordinary Appeals First Party vs Planning Authority Decision (refusal) First Party vs Conditions Third Party vs Planning Authority Decision (grant)

21. Planning Permission How is the Decision Made? What is considered? Legislation / Development Plan / Statutory Guidance etc etc

22. Planning Permission Planning Authority Has Regard to: 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)

23. 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 BordPleanála (4 weeks) • Oral Hearings • Fees

24. 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

25. 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 • Warning Letter • Enforcement Notice • Court action/injunctions • Retention

26. Conclusion • 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