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Information on the 2010 Act

Information on the 2010 Act. The Act and Forward Planning: Some Important Issues Mr Niall Cussen Senior Adviser Department of the Environment Heritage and Local Government. Presentation Outline. Context Purpose of Development Plans Performance since 2000

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Information on the 2010 Act

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  1. Information on the 2010 Act The Act and Forward Planning: Some Important Issues Mr Niall Cussen Senior Adviser Department of the Environment Heritage and Local Government

  2. Presentation Outline • Context • Purpose of Development Plans • Performance since 2000 • 2010 Act and Development Plans: The Core Strategy • Purpose • Timing • Content • Relationship with EU Directives • 2010 Act - Regional Planning and other Amendments • Regional Planning Guidelines • Development Plans • Local Area Plans

  3. Appendix 1: How the Planning System Works at National Regional and Local levels. Purpose of Development Plans Spatial Strategy National Regional Regional Planning Guidelines National Policy and Legislation NDP 2007-2013 Climate Change Water Quality Regs Dept/Agency Capital programmes Planning Guidelines Other Local Level Plans RBMP’s Various Action Plans County Development Board strategies LA capital programmes Housing Strategy Development Plans Local Local Plans Establishes Policy Context for… Assessment of and Decisions on Development Proposals PA Decision Application to Planning Authority (PA) Bord Pleanala (Strategic Infrastructure) (SI) SI Decision Development/Refusal of PP ABP decision to grant/refuse Appeal?

  4. The Wider Context to the 2010 Act… • There are now around 440 Development plans and LAP’s… • Co-ordination can be difficult with so many plans… • Implications of new EU Directives are significant for planning… • Lack of co-ordination between regional and local plans led to a series of Ministerial Directions…. • Previous RPG’s were somewhat vague… • Experience of last 10 years pointed towards the need for reform in relation to legal and technical requirements regarding integration and co-ordination of national, regional and local plans… • More realistic planning will assist in future investment….

  5. 2010 Act and Development Plans: The Core Strategy (1) • Introduced by Section 7 • Purpose: to demonstrate that the development plan and its objectives are consistent with the National Spatial Strategy and Regional Planning Guidelines… • Consistency: as regards (1) role and function of a Hierarchy of Gateways, Hub Towns, county towns, other towns and villages and rural areas and (2) allocations of population and land for housing to give effect to the hierarchy above… • Timing: To be in place within 1 year of adoption of 2010 Regional Planning Guidelines, by variation of Development Plans if necessary… • Content: • (1) Core Strategy section of Written Statement… • (2) Core Strategy Table… • (3) Core Strategy Map…

  6. 2010 Act and Development Plans: The Core Strategy (2) • Core Strategy will demonstrate consistency by… • Integrating population targets from 2010 RPG’s, which are in turn derived from Ministers October 2009 letter to Regional Authorities… • Core Strategy must identify the zoning requirements for housing or mix of housing and other uses that are derived from Core Strategy population targets, and setting out proposals to deal with any excesses… • Objectives of the plan with regard to distribution of population across a settlement hierarchy of the local authority area must be consistent with RPG’s… • Calculations of expected housing yield in the plan area from zoned lands must take account of not only residentially zoned lands but for mixed use lands as well…

  7. Suggested Core Strategy Table [1]To be expressed in dwellings and hectares, from RPG’s (except in the case of the four Dublin planning authorities in which case dwelling numbers only will suffice) [2]As per column 3 [3]As per column 3 [4]As per column 3 and density assumptions to be stated and in line with Planning Guidelines for Sustainable Residential Development in Urban Areas [5]To be based on stated assumptions including densities in line with Planning Guidelines for Sustainable Residential Development in Urban Areas [6]As per column 3 [7]From the relevant Regional Planning Guidelines [8]If different from the above [9]With a population of 1500 persons or more at the last census [10]An aggregate population will suffice, lands identified for development in subsidiary local area plans or other planning frameworks must in total be in line with this figure [11]County and total figures will be the same

  8. Core Strategy (3): Other issues • Dealing with surplus lands: Use of 3 mechanisms… • Phasing of development with surplus defined as “strategic reserve” • Alternative objectives: employment, amenity, community etc • Deleting objectives… • Retail Development… • May need to amend retail strategies to align population estimates to new RPG derived figures… • Other Uses… • Not expressly covered by legislation but good practice dictates that other uses (employment, community, amenity uses) would be closely aligned to where housing will be located… • Rural Development… • Core Strategy and rural settlement policies need to be integrated for the Core Strategy to work…

  9. Core Strategy (4): Other issues ctd • Other new mandatory objectives (inserted by Section 7) • Sustainable transport (Smarter Travel)… • Measures to reduce greenhouse gas emissions (see above)… • Climate change adaptation… • Relationship of Core Strategy and Housing Strategy (avoid overlap) • Core strategy sets population, housing demand… • Housing Strategy deals with affordability, tenure mix, Part V %, (See also Section 37: amendment of Section 93 re Housing Strategies) • Housing Strategy amendments may be needed (e.g. to align population/housing targets being used)… • Content of Core Strategy element of Written Statement • Derived from Core Strategy Table, ie • (a) Description of how the allocations and distribution is in line with NSS and RPG’s… • (b) Description of how the above was arrived at in terms of the various legislative and policy influences – SEA, AA, River Basin Planning, NSS, RPG’s etc

  10. Core Strategy and EU Directives… • Development Plans are coming under ever closer scrutiny by Commission as regards compliance with EU Directives… • Some plans in UK have been challenged, some have fallen – implications for development consents… • Core Strategy is an opportunity for Planning Authorities to demonstrate their plans are in compliance with EU Directives… • But that demonstration must be evidence based – cannot be just a statement that we are “in compliance” – Key Directives… • Habitats Directive… • Water Framework Directive (Measures to implement River Basin Management Plans are now covered by a mandatory objective)… • SEA Directive: as regards considering strategic options for the development of a county with regard to effects on the environment…

  11. Strategic Environmental Assessment, Appropriate Assessment and the Core Strategy • Core Strategy must be shaped by the processes above… • Avoiding adverse effects on the environment… • In selecting a distribution of future population, housing etc that maximises protection of integrity of NATURA sites and biodiversity in general… • Importance of ecological expertise being available within the local authority

  12. The 2010 Act and Regional Authorities… • Section 14: provides an explicit link between Regional Planning Guidelines (RPGs) and the National Spatial Strategy (NSS)… • RPGs must be set within the policy context of the NSS (including population targets updated by the Minister from time to time)… • Section 15: Preparation of the next RPGs will include facility to make amendments to draft RPGs… • Section 16: Development Plan or a Local Area Plan must be consistent with RPGs in force in their area… • Sections 17-19: Regional Authorities have an explicit role in pre-draft and draft development plan stages to ensure consistency as above and to inform the Minister of its views… • Section 22: Ministerial Directions on RPGs (previously in Dublin Transport Authority Act)…

  13. 2010 Act and Development Plans: Other Amendments… • Section 8: Submissions at pre-draft plan stages must focus on strategic issues and PA’s required to indicate that children or bodies representing children are entitled to make submissions… • Section 9+10: In making or varying a plan, a Managers Report must specifically address the issues raised by the Minister and/or Regional Authority and ensuring consistency of plans… • Only minor modifications can be made after amended draft was on display (which cannot increase area of land zoned or an addition/deletion from protected structures)… • Section 12: PA’s must amend LAP’s where it is no longer consistent with objectives of development plan (e.g. after Core Strategy)…

  14. 2010 Act and Development Plans: Other Amendments(2)… • Section 20: Plans must include a statement on how they have implemented Ministerial Guidelines… • Section 21: Ministerial Directions must follow a consultative approach (possibility of independent Inspector) and extended to LAP’s… • Section 77: amends 1st Schedule of 2000 Act providing for inclusion of objectives in development plans for carrying out of flood risk assessment as part of regulation and control of development in areas at risk of flooding • Reservation of land for allotments; and • Preservation of any public right of way other than those identified under objectives covered by Section 10(2)(o)… • Section 72: Exclusion of Public Holiday periods from DP and LAP appropriate periods now covered as per development management process…

  15. 2010 Act and Local Area Plans… • Changes aimed at reducing the resource intensiveness of LAP’s with around 400 now in place, while striking a balance with ensuring small towns and villages are properly planned for… • PA’s can still prepare an LAP for any area… • But, Section 12 raises, mandatory threshold for LAP’s from 2000 to 5000 persons… • Other towns/villages from 1500 to 4999 population must be planned for either by way of: • (a)Preparation of a “stand alone” LAP; or • (b) Inclusion of a zoning map and statement of objectives in the relevant Development Plan… • If no development: LAP review may be deferred for up to 5 years… • Section 67: No presumption re zonings remaining in any subsequent LAP…

  16. Implementation of Forward Planning under 2010 Act… • Guidance on Core Strategies in preparation – further experience will be taken on board: revised Planning Guidelines on Development Plans 2011 under consideration… • 2005 Guidelines on RPG Implementation being revised in consultation with Regional Authorities and Co Managers taking account of the strong role that Regional Authorities now have in the process… • DEHLG developing a GIS based system to track zonings across the 400+ development plans and LAP’s: iPlan GIS during Q4 2010 and during 2011… • DEHLG finalising a detailed survey of Unfinished Housing Developments – of use in addressing housing vacancy dimension of Core Strategies… • 2010 Act is a new opportunity for planning in Ireland…

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