PART IX

Strategic Development Zones

Interpretation.

165. —In this Part—

“development agency” means the Industrial Development Agency (Ireland), Enterprise Ireland, the Shannon Free Airport Development Company Limited, údarás na Gaeltachta, the National Building Agency Limited, a local authority or such other person as may be prescribed by the Minister for the purposes of this Part;

“strategic development zone” means a site or sites to which a planning scheme made under section 169 applies.

Designation of sites for strategic development zones.

166. —(1) Where, in the opinion of the Government, specified development is of economic or social importance to the State, the Government may be order, when so proposed by the Minister, designate one or more sites for the establishment, in accordance with the provisions of this Part, of a strategic development zone to facilitate such development.

(2) The Minister shall, before proposing the designation of a site or sites to the Government under subsection (1), consult with any relevant development agency or planning authority on the proposed designation.

(3) An order under subsection (1) shall—

(a) specify the development agency or development agencies for the purposes of section 168 ,

(b) specify the type or types of development that may be established in the strategic development zone, and

(c) state the reasons for specifying the development and for designating the site or sites.

(4) The Minister shall send a copy of any order made under this section to any relevant development agency, planning authority and regional authority and to the Board.

(5) Development that is specified in an order under subsection (3) shall be deemed to include development that is ancillary to, or required for, the purposes of development so specified, and may include any necessary infrastructural and community facilities and services.

(6) The Government may revoke or amend an order made under this section.

Acquisition of site for strategic development zone.

167. —(1) A planning authority may use any powers to acquire land that are available to it under any enactment, including any powers in relation to the compulsory acquisition of land, for the purposes of providing, securing or facilitating the provision of, a site referred to in section 166 (1).

(2) Where a person, other than the relevant development agency, has an interest in land, or any part of land, on which a site or sites referred to in an order under section 166 (1) is or are situated, the relevant development agency may enter into an agreement with that person for the purpose of facilitating the development of the land.

(3) An agreement made under subsection (2) with any person having an interest in land may be enforced by the relevant development agency against persons deriving title under that person in respect of that land.

Planning scheme for strategic development zones.

168. —(1) Where a site is designated under section 166 , the relevant development agency or, where an agreement referred to in section 167 has been made, the relevant development agency and any person who is a party to the agreement, may, as soon as may be and in any case not later than 2 years after the making of an order under section 166 , prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority.

(2) A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site is to be developed and in particular—

(a) the type or types of development which may be permitted to establish on the site (subject to the order of the Government under section 166 ),

(b) the extent of any such proposed development,

(c) proposals in relation to the overall design of the proposed development, including the maximum heights, the external finishes of structures and the general appearance and design,

(d) proposals relating to transportation, including public transportation, the roads layout, the provision of parking spaces and traffic management,

(e) proposals relating to the provision of services on the site, including the provision of waste and sewerage facilities and water, electricity and telecommunications services, oil and gas pipelines, including storage facilities for oil or gas,

(f) proposals relating to minimising any adverse effects on the environment, including the natural and built environment, and on the amenities of the area, and

(g) where the scheme provides for residential development, proposals relating to the provision of amenities, facilities and services for the community, including schools, créches and other education and childcare services.

(3) A draft planning scheme shall also contain information on any likely significant impacts on the environment of implementing the planning scheme and to that effect it shall contain the information prescribed under section 177 , in so far as such information is relevant to the detail contained in the scheme.

(4) (a) A draft planning scheme for residential development shall be consistent with the housing strategy prepared by the planning authority in accordance with Part V.

(b) Where land in a strategic development zone is to be used for residential development, an objective to secure the implementation of the housing strategy shall be included in the draft planning scheme as if it were a specific objective under section 95 (1)(b).

(5) Where an area designated under section 166 is situated within the functional area of two or more planning authorities the functions conferred on a planning authority under this Part shall be exercised—

(a) jointly by the planning authorities concerned, or

(b) by one of the authorities, provided that the consent of the other authority or authorities, as appropriate, is obtained prior to the making of the scheme under section 169 ,

and the words “planning authority” shall be construed accordingly.

Making of planning scheme.

169. —(1) Where a draft planning scheme has been prepared and submitted to the planning authority in accordance with section 168 , the planning authority shall, as soon as may be—

(a) send notice and copies of the draft scheme to the Minister, the Board and the prescribed authorities,

(b) publish notice of the preparation of the draft scheme in one or more newspapers circulating in its area.

(2) A notice under subsection (1) shall state—

(a) that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than 6 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft scheme made to the planning authority within the stated period will be taken into consideration in deciding upon the scheme.

(3) (a) Not longer than 12 weeks after giving notice under subsection (2) the manager of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

(b) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

(ii) summarise the issues raised by the persons or bodies in the submissions or observations,

(iii) give the response of the manager to the issues raised, taking account of the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(4) (a) The members of a planning authority shall consider the draft planning scheme and the report of the manager prepared and submitted in accordance with subsection (3).

(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to—

(i) make, subject to variations and modifications, the draft planning scheme, or

(ii) decides not to make the draft planning scheme.

(c) Where a draft planning scheme is—

(i) deemed, in accordance with paragraph (b), to have been made, or

(ii) made in accordance with paragraph (b)(i),

it shall have effect 4 weeks from the date of such making unless an appeal is brought to the Board under subsection (6).

(5) (a) Following the decision of the planning authority under subsection (4) the authority shall, as soon as may be, and in any case not later than 6 working days following the making of the decision—

(i) give notice of the decision of the planning authority to the Minister, the Board, the prescribed authorities and any person who made written submissions or observations on the draft scheme, and

(ii) publish notice of the decision in one or more newspapers circulating in its area.

(b) A notice under paragraph (a) shall—

(i) give the date of the decision of the planning authority in respect of the draft planning scheme,

(ii) state the nature of the decision,

(iii) state that a copy of the planning scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly),

(iv) state that any person who made submissions or observation regarding the draft scheme may appeal the decision of the planning authority to the Board within 4 weeks of the date of the planning authority's decision, and

(v) contain such other information as may be prescribed.

(6) The development agency or any person who made submissions or observations in respect of the draft planning scheme may, for stated reasons, within 4 weeks of the date of the decision of the planning authority appeal the decision of the planning authority to the Board.

(7) (a) The Board may, following the consideration of an appeal made under this section, approve the making of the planning scheme, with or without modifications or it may refuse to approve it.

(b) Where the Board approves the making of a planning scheme in accordance with paragraph (a), the planning authority shall, as soon as practicable, publish notice of the approval of the scheme in at least one newspaper circulating in its area, and shall state that a copy of the planning scheme is available for inspection at a stated place or places (and a copy shall be kept available for inspection accordingly).

(8) In considering a draft planning scheme under this section a planning authority or the Board, as the case may be, shall consider the proper planning and sustainable development of the area and consider the provisions of the development plan, the provisions of the housing strategy, the provisions of any special amenity area order or the conservation and preservation of any European Site and, where appropriate—

(a) the effect the scheme would have on any neighbouring land to the land concerned,

(b) the effect the scheme would have on any place which is outside the area of the planning authority, and

(c) any other consideration relating to development outside the area of the planning authority, including any area outside the State.

(9) A planning scheme made under this section shall be deemed to form part of any development plan in force in the area of the scheme until the scheme is revoked, and any contrary provisions of the development plan shall be superseded.

Application for development in strategic development zone.

170. —(1) Where an application is made to a planning authority under section 34 for a development in a strategic development zone, that section and any permission regulations shall apply, subject to the other provisions of this section.

(2) A planning authority shall grant permission in respect of an application for a development in a strategic development zone where it is satisfied that the development, where carried out in accordance with the application or subject to any conditions which the planning authority may attach to a permission, would be consistent with any planning scheme in force for the land in question, and no permission shall be granted for any development which would not be consistent with such a planning scheme.

(3) Notwithstanding section 37 , no appeal shall lie to the Board against a decision of a planning authority on an application for permission in respect of a development in a strategic development zone.

(4) Where the planning authority decides to grant permission for a development in a strategic development zone, the grant shall be deemed to be given on the date of the decision.

Revocation of planning scheme.

171. —(1) A planning authority may by resolution, with the consent of the relevant development agency, amend or revoke a planning scheme made under this Part.

(2) Where a planning authority proposes to amend a planning scheme under this section it shall comply with the procedure laid down in section 169 and that section shall be construed accordingly.

(3) Notice of the revocation of a planning scheme under this section shall be given in at least one newspaper circulating in the area of the planning authority.

(4) The amendment or revocation of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was amended or revoked except in accordance with the terms of this Act.

(5) Without prejudice to the generality of subsection (4), sections 40 and 42 shall apply to any permission granted under this Part.