Ireland Planning Systems

Transcription

1 Ireland Planning Systems Introduction Ireland is a located on the north western Atlantic seaboard of the European continent. The Republic of Ireland covers a surface area of 70,285 km2 and had a population of 4,722,028 people. The number of people per square kilometre was estimated as being 64.2 by the World Bank (2012). Administrative Structure Ireland has traditionally been characterised by a relatively centralised system of government with a narrowly defined devolution of functions to regional and local authorities. The Putting People First reform initiative aims to devolve responsibilities from national to local government. It has also lead to a rationalisation in the number of local authorities in existence within the State in order to streamline local government processes. It proposes to rationalise Ireland's two regional assemblies (NUTS II) and eight regional authorities (NUTS III) to form three new regional assembly areas. Figure 1: Proposed County & Municipal District Boundaries ("Putting People First")

2 The local tier is also going to be subject to considerable changes. The number of elected councillors will be reduced by 60%, mainly due to the abolition of all eighty Town Councils the smallest units of local government in Ireland. Changes at the county level will see councillors elected in newly-created municipal (sub-county) districts, and these districts are to become the main units of local spatial planning. These reforms will be enacted prior to the Local Election & European elections which will be held in April Administrative Competences There are a number of operational levels in the Irish Planning System at national, regional and local level. However, the day to day practical application of planning is carried out by the local planning authority. In the local planning authority responsibility for planning is divided between the elected representatives and the executive which is comprised of managerial and technical staff. Responsibility for preparing a recommendation on a planning application is carried out by the technical planning staff, but it is the responsibility of the City or County Manager, Town Clerk or other person delegated with executive power to make the final decision on all planning applications.

3 Planning System Ireland's planning system was first introduced on the 1 October 1964, when the Local Government (Planning and Development) Act, 1963 came into effect. This Act provided for the orderly planning and development of the country on a local government basis with local authorities also designated as planning authorities. It was a system heavily based on the English planning system of that time and with an onus on trend planning. Figure 2: Hierarchy of Plans The Planning and Development Act, 2000 (as amended) legislates for a hierarchy of plans and planning guidance in Ireland. At National level there is national strategic planning framework, in the form of the National Spatial Strategy (currently under review). At a regional level, Regional Planning Guidelines were developed in order to realise the spatial vision laid down in national policy. This level bridges the gap between high level policy and County Development Plans which are prepared by local planning authorities. There are currently 88 planning authorities in Ireland this is proposed to change as mentioned previously. The 2010 Planning Act introduced the Core Strategy requirement which means that planning authorities must demonstrate that the development plan and its objectives are consistent with the National Spatial Strategy and Regional Planning Guidelines. In addition to planning legislation there are relevant EU and statutory regulations. Forward Planning The development plan is the main public statement of planning policies for the local community.

4 It sets out the land use, amenity and development objectives and policies of the planning authority for a 6 year period. The plan consists of a written statement of objectives and a map or series of maps. The plan includes objectives for: development and renewal of obsolete areas; preserving, improving and extending amenities; provision of water supplies and sewerage services, waste recovery and disposal facilities; zoning of areas for residential, commercial, industrial, agricultural etc. purposes; provision of accommodation for travellers; provision of services for the community. The development plan also contains land use zonings which outline the envisioned use of lands in urban areas and their immediate rural hinterlands. When land is zoned for a particular type of development in the development plan, this is a clear indication that a planning permission for this form of development may be obtained. Zoning may also indicate restrictions on development (eg. a low number of houses per hectare, certain types of industry only) and permitted development will be limited accordingly. A Local Area Plan must be made in respect of an area which is designated a town in the most recent census and has a population over 2,000 persons. However, it is at the discretion of local authorities to prepare a LAP for any area which they consider suitable, or where the planning authority feels that the area will require economic, physical and social renewal and for areas which are likely to be subject to considerable development. The LAP fills the void between the general objectives of the development plan and individual proposals at a local level. Development plans and local area plans are prepared by the technical planning staff of the local authority and adopted by the elected members (councillors). The preparation of local area plans is also the responsibility of the local planning authority. However, in some cases private planning consultancies are commissioned to undertake the preparation of such plans. The making, reviewing and varying of the plan is a function reserved for the elected members (i.e. councillors) of the planning authority. It is their duty to adopt the plan with the technical help of their officials (the Manager, planners, engineers etc.), and following extensive public consultation. Development Management There are three main types of planning permission. An application may be made for: permission; outline permission; retention permission. The most common type of application made is for permission, often referred to as full permission. There are circumstances when the applicant may want to make an application for outline permission. This type of consent is useful in terms of clarifying as to whether or not the planning authority agrees with the proposed development in principle prior commencing development. If outline permission is obtained, full permission must be acquired prior to commencing work on the development. There may be specific requirements depending on the

5 type of development for which permission is sought. Approval of development The planning authority, which is in effect the local authority, is responsible for providing approval for any development in its functional area. Normally, the planning authority is the county or city council. A number of larger town councils act as the planning authority for their functional areas, but in most cases the local authority will provide the planning function for town councils within its area. The planning authority must make a decision on an application within eight weeks of the application being lodged. However, no decision can be made before five weeks have elapsed so as to allow the lodgements of submissions on applications. An applicant for permission must lodge specific detailed information with their planning application, including an application form and detailed maps and drawings. Failure to submit all of the necessary documentation as specified in part 4 the Planning and Development Regulations, 2001 (as amended), will result in the application being declared invalid. In addition, to alert members of the public to the application, the applicant must erect a site notice and place a notice in an approved newspaper. Within the eight-week decision period the planning authority may ask the applicant to submit further information which they consider necessary to enable them to make a decision on the application. The applicant must submit this further information within a period of six months. If further information is not submitted within this time period the application is declared to have been withdrawn. Once additional information is received the decision must be made within 4 weeks. As was pointed out above, the technical planning staff are responsible for making a recommendation on planning applications and the final decision is made by the City or County Manager, Town Clerk, or another person delegated with executive power in respect of the making of a planning decision. Planning Appeals Ireland is one of the few countries which possess an independent appeals mechanism facilitated by An Bord Pleanála. The Board also has functions to determine appeals under Water and Air Pollution Acts and the Building Control Act. Appeals under section 37 of the 2000 Planning Act (as amended), usually referred to as normal planning appeals, constitute a significant proportion of the work of the Board and account for most of the decisions made by it. These appeals arise from decisions by planning authorities on applications for permission for the development of land (including applications for the retention of structures or the continuance of uses). The three types of appeals typically heard by An Bord Pleanála are: First party appeals against decision of planning authorities to refuse permission; First party appeals against conditions proposed to be attached to permissions by planning authorities; Third party appeals, which are normally against decisions of planning authorities to grant permission. In some cases, there may be both first party and third party appeals against a decision of a planning authority.

6 Strategic Infrastructure Development The Planning and Development (Strategic Infrastructure) Act 2006 made significant changes to the way strategic infrastructure developments are determined within the planning system. This document gives guidance on the main features of the system including public participation. Strategic infrastructure development can generally be described as development which is of strategic economic or social importance to the State or a region. It also includes development which will contribute significantly to the fulfilment of any of the objectives of the National Spatial Strategy or any regional planning Guidelines for an area, or which would have a significant effects on the area of more than one planning authority. While the procedures for all cases will not be the very same, in general, there will be a three-step process but these do not apply in all cases: (i) Consultations: where a prospective applicant for permission / approval / other consent requests pre-application consultations with the Board, (ii) Scoping: where a prospective applicant requests the Board to scope the EIS for the project, and (iii) Application: where the applicant submits an application for planning permission, approval or other consent to the Board. The purpose of consultations is to try to ensure that the subsequent application for permission/ approval is of a high standard, e.g. that correct procedures are followed and that issues relating to proper planning and sustainable development and the effects on the environment are adequately addressed from the outset in the application. It could be used to indicate if the Board foresees serious problems with the proposal or to advise the applicant on public consultation. Where a request for consultations is received by the Board, the Board will include the request in its weekly list of cases received. It will also be posted on its website. When the consultations have been concluded, the Board will include it in its weekly list of cases determined and post it on its website. In addition, the Board s records of any meetings held with prospective applicants during this phase will be available for inspection and purchase when the consultations have concluded. Irish Planning Legislation & Regulations The legislation outlined here is a selection of the primary instruments governing the management of the Irish planning and development system. The statutory documents listed here are available at Environment (Miscellaneous Provisions) Act 2011 The Environment (Miscellaneous Provisions) Act 2011 amends to the Planning and Development Acts Planning and Development (Amendment) Act 2010

7 The core principal objectives of this Act are to amend the Planning Acts of with specific regard given to supporting economic renewal and sustainable development. The Act envisages a closer alignment of the National Spatial Strategy with Regional Planning Guidelines, Development Plans and Local Area Plans, while also clarifying the key obligations required of Planning Authorities under the Birds and Habitats Directives. The Act also aims to improve the throughput and performance of An Bord Pleanála and strengthen the enforcement controls of Planning Authorities." The provisions of the Planning and Development (Amendment) Act 2010 will be commenced and will come into operation by means of orders to be made by the Minister from time to time. A number of sections of the 2010 Act came into operation on 19 August 2010 on foot of Statutory Instrument (S.I) No. 405 of 2010 Planning and Development (Amendment) Act 2010 (Commencement) Order Statutory Instrument (S.I) No. 406 of 2010 Planning and Development Regulations 2010 also came into force on 19 August Sections 32 and 33 of the 2010 Act came into operation on 28 September 2010 on foot of (S.I.) No. 451 of 2010 Planning and Development (Amendment) Act 2010 (Commencement) (No. 2) Order (S.I.) No. 477 of 2010 Planning and Development (Amendment) Act 2010 (Commencement) (No. 3) Order 2010 brought a further tranche of provisions into operation with effect from 5 October 2010 and sections 17, 18 and 19 will come into operation with effect from 30 November Sections 23(a) and (c), 41(a) and (b) and 49 of the 2010 Act came into operation on 23 March 2011 on foot of (S.I.) No. 132 of 2011 Planning and Development (Amendment) Act 2010 (Commencement) Order Secondary legislation is being prepared in advance of the commencement of the remaining sections. Harbours (Amendment) Act 2009 An Act to amend and extend the Harbour's Acts 1996 to 2006, to repeal the Harbour's Act 1976, to transfer certain functions of the Minister for Transport relating to harbours to An Bord Pleanala and for that and other purposes to amend the Planning and Development Act 2000, to make certain provision relating to the Irish Maritime Development office and to provide for connected matters Water Services Act 2007 An act to provide, in the interests of the common good, for the provision of Water Services; to give effect to certain Acts adopted by institutions of the European communities in respect of those services and, in addition to make provision for miscellaneous amendments to the Local Government (Water Pollution) Acts 1997 and 1990 and the Fisheries (Consolidation) Act 1959 and the Environmental Protection Agency Act 1992 and certain other enactments relating generally to the provision of water services and to provide for related matters. 14th May 2007 Planning and Development Strategic Infrastructure Act 2006 (No 27 of 2006)

8 This Act provides for the making to An Bord Pleanála of applications for planning permission in respect of certain proposed developments of strategic importance to the State, and for certain other amendments to the Planning and Development Acts Housing Miscellaneous Provisions) Act 2004 (No 43 of 2004) This Act, inter alia, amends section 99 of the Planning and Development Act, 2000 in relation to affordable housing. This policy issue is dealt with by the Affordable Housing Section of the Department. Planning and Development (Amendment) Act 2002 (No 32 of 2002) The primary purpose of this Act is to amend Part V of the Planning and Development Act, 2000 (Housing Supply). The Act also makes miscellaneous amendments to the 2000 Act and certain amendments to the Housing (Miscellaneous Provisions) Acts, 1992 and 2002 and to the Housing Finance Agency Act, These policy issues are dealt with by the Affordable Housing Section of the Department. Planning and Development Act 2000 (No 30 of 2000) This Act arose out of a comprehensive review of planning legislation that was initiated in August The review was undertaken on foot of the commitments in the Government Programme: An Action Programme for the Millennium. The principle of the review was to ensure that the planning system of the twenty first century would be strategic in approach and imbued with an ethos of sustainable development. This Act consolidates all previous Planning Acts and much of the Environmental Impact Assessment Regulations, and also contains many significant changes and new initiatives, such as the Part V housing supply provisions. Statutory Instruments SI 419 of European Union (Environmental Impact Assessment)(Planning and Development Act 2000)Regulations 2012 European Union (Environmental Impact Assessment And Habitats) Regulations 2012 SI 246 SI 116 of Planning and Development (Amendment) Regulations 2012 SI 584 of European Union (Environmental Impact Assessment and Habitats) (No 2) Regulations 2011 SI 583 of Environment (Miscellaneous Provisions) Act 2011 (Commencement) (Part 5) (No 2) Order 2011 SI 582 of Planning and Development (Amendment) Act 2010 (Commencement)(No 3) Order 2011 SI 476 of Planning & Development (Amendment)(No 3) Regulations 2011 SI 475 of Planning & Development (Amendment) Act 2010 (Commencement)(No 2) Order 2011 SI 474 of Environment (Miscellaneous Provisions) Act 2011 (Commencement)(Part 5) Order 2011 SI 473 of European Union (Environment Impact Assessment & Habitats) Regulations 2011 Transposition of EIA Directive 2011/92/EU in Irish Legislation Transposition of EIA Directive 2011/92/EU in Irish Legislation - Annex I, II SI 464 of EC (Amendment to Planning & Development Regulations) Regulations 2011 SI 454 of Planning & Development (Amendment)(No 2) Regulations 2011

9 SI 262 of Planning & Development (Amendment) Regulations 2011 SI 201 of Planning & Development (Strategic Environmental Assessment)(Amendment) Regulations 2011 SI 200 of European Communities (Environmental Assessment of Certain Plans & Programmes)(Amendment) Regulations 2011 SI 132 of Planning and Development (Amendment) Act 2010 (Commencement) Order 2011 SI 642 of Derelict Sites (Urban Areas) Regulations 2010 SI 477 of Planning and Development (Amendment) Act 2010 (Commencement) (No 3) Order 2010 SI 451 of Planning and Development (Amendment) Act 2010 (Commencement) (No2) Order 2010 SI 406 of Planning and Development Regulations 2010 SI 405 of Planning and Development (Amendment) Act 2010 (Commencement) Order 2010 SI 382 of European Communities (Establishing an Infrastructure for Spatial Policy Information in the European Community (INSPIRE)) Regulations 2010 SI 352 of European Communities (Public Participation) Regulations 2010 SI 561 of Derelict Sites (Urban Areas) Regulations 2009 SI 404 of The European Communities (Foreshore) Regulations 2009 SI 100 of Planning and Development (Regional Planning Guidelines) Regulations Set out a number of procedural requirements in relation to the preparation of regional planning guidelines by regional authorities, including the taking into account of the National Spatial Strategy. SI 256 of 2008 Planning and Development (Amendment) Regulations 2008 SI 235 of 2008 Planning and Development Regulations 2008 SI 870 of Derelict Sites (Urban Areas) Regulations 2007 SI 865 of 2007 European Communities (Dublin Dockland Development Authority Act 1997) (Amendment) Regulations SI 590 Planning and Development Act 2000 (Certification of Fairground Equipment) Amendment Regulations 2007 SI 297 of Dublin Docklands Development Authority Act 1997 (Section 25 Planning Scheme) Order 2007 SI 135 of Planning and Development (No. 2) Regulations 2007 Planning and Development (No. 2) Regulations 2007 (SI 135 of 2007 SI No 83 of Planning and Development Regulations 2007 SI No 685 of Planning and Development Regulations These Regulations have two functions: (1) to update and amend the Planning and Development Regulations 2001 to make changes and updates to the development management system, and (2) to underpin the new strategic consent procedure established under the Planning and Development (Strategic Infrastructure) Act The Regulations are effective from 2 separate dates, viz, 31 January, 2007 for the strategic infrastructure provisions and 31 March, 2007 for the development management system provisions. SI 684 of 2006-Planning and Development Strategic Infrastructure Act 2006 Commencement-Brings sections of the 2006 Act relating to the establishment of a strategic infrastructure division within An Bord Pleanála and the provision for a strategic consent process for certain types of strategic infrastructure into force from 31 January, 2007.

10 SI 659 of European Communities Environmental Impact Assessment Amendment Regulations Planning and Development Strategic Infrastructure Act 2006 Commencement SI 553 of 2006 SI No 525 of Planning and Development Strategic Infrastructure Act 2006 Commencement -Brings sections of the 2006 Act relating to the citation, commencement and interpretation of the Act into force from 17 October, The remaining sections are all amendments to the Planning and Development Act, SI 364 of Planning and Development Regulations 2005-These regulations amend the Planning and Development Regulations 2001 to provide that a shop changing its use to an off-licence would require planning permission, amends the provisions in relation to peat extraction to facilitate consideration of the need for the environmental impact assessment of projects which are likely to have significant effects on the environment and also amends Parts I and II of Schedule 5 of the 2001 Regulations. SI 436 of Planning and Development (Strategic Environmental Assessment) Regulations Transposes into Irish law the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes on the environment, insofar as the Directive relates to land-use planning. The regulations came into force on 21 July, SI 435 of European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations Transposes into Irish law the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes, except land-use planning, on the environment. The regulations came into force on 14 July, SI 152 of 2004 Planning and Development Act 2000 (Commencement Order) 2004 SI 450 of Planning and Development Act 2000(Commencement Order) 2003 SI 449 of Planning and Development Act 2000 (Certification of Fairground Equipment) Regulations 2003 SI 175 of Planning and Development (Regional Planning Guidelines) Regulations Set out a number of procedural requirements in relation to the preparation of regional planning guidelines by regional authorities, including the taking into account of the National Spatial Strategy. They come into effect from 1 May SI 90 of Planning and Development Regulations 2003 SI 149 of Planning and Development (No2) Regulations 2002 SI 70 of 2002-Planning and Development Regulations 2002 SI No 600 of Planning and Development Regulations The Planning and Development Regulations, 2001 implement the Planning and Development Act, 2000 in its entirety. They consolidate all previous Regulations made under the 2000 Act and replace the Local Government (Planning and Development) Regulations The Regulations came into operation on 21 January, 2002 and 11 March, 2002 (as outlined in page 230 of the regulations)

11 SI 599 of Planning and Development Act 2000 (Commencement) (No 3) Order 2001 SI 539 of Local Government (Planning and Development) (Amendment) Regulations, The purpose of these Regulations is, firstly, to remove initial afforestation from the planning control system, to coincide with the introduction of a separate statutory consent system by the Minister for the Marine and Natural Resources under the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001 (S.I. No. 538 of 2001), and, secondly, to reduce the planning threshold for peat extraction from 50 hectares to 10 hectares. SI 525 of Local Government (Planning and Development) (Fees) Regulations, The primary purpose of the Regulations is to provide for conversion to convenient euro ( ) amounts of existing planning fees payable to planning authorities and An Bord Pleanála. The new fees took effect from 1 January SI 336 of Planning and Development (Appointment of Chairperson and Ordinary Members of An Bord Pleanála) Regulations, 2001 SI 154 of Planning and Development (Licensing of Outdoor Events) Regulations, The purpose of these Regulations is to set out the type of events for which a licence under Part XVI of the Planning and Development Act, 2000 shall be required, and to provide for matters of procedure and administration in relation to applications for, and the grant of, licences for events and in relation to events to be held by the local authority. SI 153 of Planning and Development Act 2000 (Commencement) Order This Order brings all sections of Part XVI (Events and Funfairs) of the Planning and Development Act, 2000 into force, except for section 239 which relates to funfairs. It also commences certain related sections in the Act, including those relating to the prosecution of offences specified in Part XVI. SI 335 of Planning and Development Act 2000 (Commencement Order) 2001-Brings Chapter I of Part VI of the 2000 Act relating to the composition and membership of An Bord Pleanála into force from 20 July, Reason for Referral Form (under the Planning and Development Regulations 2001) for planning authorities, to be completed and submitted when referring a planning application to this Department in its role as a prescribed heritage body under the Planning and Development legislation. SI 449 of Planning and Development Act 2000 (Commencement) (No 2) Order Local Government (Planning and Development) Regulations, 2000 (S.I. No. 181 of 2000) Planning and Development Act, 2000 (Commencement) Order, 2000 (S.I. No. 349 of 2000)- This Order brings into force Part V on Housing Supply and Part IX on Strategic Development Zones, certain sections in Part II on Plans and Guidelines and related and transitional sections of the Planning and Development Act, 2000 on 1 November, Local Government (Planning and Development) Regulations, 2000 (S.I. No. 350 of 2000) Planning and Development Act, 2000 (Commencement) (No. 2) Order, 2000 (S.I. No. 449 of

12 2000) Local Government (Planning and Development) (No. 2) Regulations, 2000 (S.I. No. 457 of 2000) -The purpose of these Regulations is to prescribe certain documents that must be submitted with an application for the consent of the Board to the compulsory Local Government (Planning and Development) (No. 2) Regulations, 2000 (S.I. No. 458 of 2000)