Chapter III

Regional Planning Guidelines

Power to make regional planning guidelines.

21. —(1) A regional authority may, after consultation with the planning authorities within its region, or shall at the direction of the Minister, make regional planning guidelines.

(2) Regional planning guidelines may be made for a whole region or for one or more parts of a region.

(3) (a) The Minister may direct one or more regional authorities to make regional planning guidelines in respect of the combined area of the regional authorities involved or in respect of any particular part or parts of the area which lie within the area of those regional authorities.

(b) Where it is proposed to make regional planning guidelines, the regional authorities concerned shall make whatever arrangements they see fit to prepare the guidelines, including the carrying out of the functions of this Chapter as a joint function of the authorities concerned, and this Chapter shall be construed accordingly.

(4) Notwithstanding any other provision of this Act, the strategic planning guidelines for the greater Dublin area prepared for Dublin Corporation, Dún Laoghaire-Rathdown County Council, Fingal County Council, Kildare County Council, Meath County Council, South Dublin County Council, Wicklow County Council and the Department of the Environment and Local Government in conjunction with the Dublin Regional Authority and the Mid-East Regional Authority published on 25 March, 1999, shall have effect as if made under this Part.

(5) The Minister may make regulations concerning the making of regional planning guidelines and related matters.

Co-operation of planning authorities with regional authority.

22. —(1) Where a regional authority intends to make regional planning guidelines in accordance with section 24 , or to review existing guidelines under section 26 , it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the guidelines.

(2)  (a) A planning authority shall assist and co-operate with a regional authority in making arrangements for the preparation of regional planning guidelines and in carrying out the preparation of the guidelines.

(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional authorities and planning authorities shall agree on such matters based on the proportion of the population of the area for which the regional planning guidelines are prepared resident in the functional areas of the planning authorities concerned.

(c) In the absence of agreement under paragraph (b), a regional authority may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional planning guidelines are prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.

Content and objectives of regional planning guidelines.

23. —(1) (a) The objective of regional planning guidelines shall be to provide a long-term strategic planning framework for the development of the region for which the guidelines are prepared.

(b) The planning framework referred to in paragraph (a) shall consider the future development of the region for which the guidelines are prepared for a period of not less than 12 years and not more than 20 years.

(2) The guidelines shall address, for the whole of the region to which the guidelines relate, in accordance with the principles of proper planning and sustainable development, the following matters—

(a) projected population trends and settlement and housing strategies;

(b) economic and employment trends;

(c) the location of industrial and commercial development;

(d) transportation, including public transportation;

(e) water supply and waste water-facilities;

(f) waste disposal;

(g) energy and communications networks;

(h) the provision of educational, health care, retail and other community facilities;

(i) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage;

(j) such other matters as may be prescribed.

(3) (a) Regional planning guidelines shall contain information on the likely significant effects on the environment of implementing the guidelines.

(b) The Minister may by regulation make further provisions in relation to the manner in which paragraph (a) may be complied with.

(4) (a) When making regional planning guidelines the regional authority shall take account of the proper planning and sustainable development of the whole of the region to which the guidelines relate, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic planning policies.

(b) When making regional planning guidelines which affect the Gaeltacht, the regional authority shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.

(5) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional planning guidelines and regional authorities shall have regard to those guidelines.

Consultation regarding regional planning guidelines.

24. —(1) As soon as may be after agreeing any necessary arrangements under section 21 , a regional authority shall give notice of its intention to make the regional planning guidelines.

(2) A notice under subsection (1) shall be given to the Minister, the Board, the prescribed authorities and any town commissioners in the area and shall be published in one or more newspapers circulating in the region for which the regional planning guidelines are prepared and shall—

(a) state that the regional authority intends to make regional planning guidelines,

(b) indicate the matters to be considered in the guidelines, having regard to section 23 ,

(c) indicate that submissions regarding the making of the regional planning guidelines may be made in writing to the regional authority within a specified period (which shall not be less than 8 weeks).

(3) A regional authority shall consider any submissions received under subsection (2) before preparing the draft regional planning guidelines.

(4) When a regional authority prepares the draft of the regional planning guidelines it shall, as soon as may be—

(a) send notice and copies of the draft guidelines to the Minister, the Board, the prescribed authorities and any town commissioners in its area, and

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

(5) A notice under subsection (4) shall state—

(a) that a copy of the draft guidelines may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

(b) that written submissions or observations with respect to the draft made to the regional authority within the stated period will be taken into consideration before the guidelines are adopted.

(6) Following the consideration of submissions or observations under subsection (5), and subject to section 25 , the regional authority shall make the regional planning guidelines subject to any modification considered necessary.

(7) (a) Where a regional authority makes regional planning guidelines, it shall publish a notice of the making of the guidelines in at least one newspaper circulating in the functional area of each planning authority in the region for which the guidelines are prepared.

(b) A notice under this subsection shall state that a copy of the guidelines is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

Procedure for making regional planning guidelines.

25. —(1) As part of the consultation between a regional authority and the relevant planning authorities under section 22 , the authorities concerned shall agree on a procedure for preparing and making the regional planning guidelines under section 24 .

(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the guidelines.

(3) The authorities concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft guidelines, considering submissions or observations under section 24 , and drawing up reports in respect of the guidelines.

(4) The making of regional planning guidelines under section 24 (6) shall be a matter for the members of the regional authority concerned, following the consideration of any report or reports from the committees referred to in subsection (2).

(5) The Minister may make regulations, or issue guidelines, with regard to the procedures to be adopted under this section, including the number, functions and membership of any committees set up in accordance with subsection (2).

Review of regional planning guidelines.

26. —(1) Where a regional authority has made regional planning guidelines, it shall, not later than 6 years after the making of such guidelines and not less than once in every period of 6 years thereafter, review such guidelines and when so reviewing, it may revoke the guidelines or make new regional planning guidelines.

(2) Before a regional authority revokes guidelines referred to in subsection (1) (other than for the purpose of making new regional planning guidelines), it shall consult with the planning authorities within its region.

(3) Where the regional authority makes new guidelines, it shall follow the procedures laid down in sections 22, 24 and 25.

(4) Where new guidelines are made under subsection (1), they shall supersede any previous regional planning guidelines for the relevant area.

Regional planning guidelines and development plans.

27. —(1) A planning authority shall have regard to any regional planning guidelines in force for its area when making and adopting a development plan.

(2) The Minister may, by order, determine that planning authorities shall comply with any regional planning guidelines in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional planning guidelines in force for the area.

(3) An order under subsection (2) may relate to regional planning guidelines generally, or one or more specified guidelines, or may relate to specific elements of those guidelines.

(4) Following the making of regional planning guidelines for their area, planning authorities shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional planning guidelines.

(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional planning guidelines after 6 years from the making of such guidelines.