Notice of Draft Ministerial Direction in the matter of Section 31 of the Planning & Development Act 2000 (as amended) - Athenry Local Area Plan 2024-2030
Notice of Draft Ministerial Direction in the matter of Section 31 of the Planning & Development Act 2000 (as amended) - Athenry Local Area Plan 2024-2030
Closeddate_range29 Feb, 2024, 9:00am - 14 Mar, 2024, 4:00pm
OF THE PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Athenry Local Area Plan 2024-2030
The Chief Executive's Report is available now: here
The Athenry Local Area Plan 2024-2030 was formally made by the Elected Members of the Athenry/Oranmore Municipal District on the 9th January 2024.
As required under Sections 31AO(5) of the Planning and Development Act, 2000 (As Amended) the Planning Authority issued notification of the Plan's adoption to the Office of the Planning Regulator (OPR). The Chief Executive also informed the OPR of the decision of the Authority not to comply with certain recommendations made in the relevant report of the OPR, together with reasons for the decision of the Authority.
On the 19th February 2024 the Minister of State for Local Government and Planning issued a ‘Notice of Intention to Issue a Direction’ to the Planning Authority under Section 31 of the Planning and Development Act, 2000 (As Amended) (‘the Act’). The Draft Direction concerns the zoning of five parcels of land in the town. Interested parties are advised that these matters, in accordance with Section 31(6) of the Act, ‘shall not have effect’, notwithstanding their inclusion in the Plan as adopted by the Council and pending the issuing of the Minister’s Final Direction.
The Draft Direction sets out the following:
(i). Reinstate the following zoning objectives and associated text consistent with the recommendation of the Chief Executive’s Report on the material alterations, and delete the following material alterations from the adopted Local Area Plan:
Material alterations MA 46, MA 47 and MA 49 – i.e. the subject lands revert to Outside the Settlement Boundary from Residential Phase 1 as per the draft Local Area Plan;
Material alteration MA 51 – i.e. the subject lands revert to Outside the Settlement Boundary from Residential Phase 2 as per the draft Local Area Plan;
Material alteration MA 60 - the subject lands revert to Agriculture from Residential Phase 2 as per the draft Local Area Plan;
Material alterations MA 50 and MA 59 – the subject lands revert to Open Space/Recreation & Amenity from Residential Phase 2,
Material alteration MA 48 – the subject lands revert to Outside the Settlement Boundary from Existing Residential as per the draft Local Area Plan.
STATEMENT OF REASONS
I. The Local Area Plan as adopted includes material alterations to the draft Local Area Plan, which zone additional residential land in excess of what is required for the town having regard to the growth targets for Athenry under the core strategy of the Galway County Development Plan 2022-2028. These material alterations are inconsistent with Objective CS 1 of the County Development Planto secure the implementation of the population growth and housing supply targets set out in the core strategy and the settlement hierarchy, and Objective CS 3 to support and manage self-sufficient sustainable development of all settlements in a planned manner, with population growth and the development of economic, physical and social infrastructure.
These material alterations are located in peripheral and/or non-sequential and/or unserviced locations either fully or partly outside the CSO boundary. The material alterations would individually and cumulatively encourage a pattern of development in particular locations which is inconsistent with RPO 3.1 and RPO 3.2 of the RSES, and the objectives of the County Development Plan to achieve compact growth through the delivery of new homes in urban areas within the existing built up footprint of settlements (Objective CS 2), discourage the development of lands with no links to the town or village centre (Objective CGR 1), encourage sustainable compact growth and settlement patterns to secure climate resilience and reduce carbon dioxide and greenhouse emissions (Objective CS 8), and fail to have regard to the policy and objective for a sequential approach to development in the Development Plans Guidelines for Planning Authorities (2022) issued under section 28 of the Act.
II. The Local Area Plan has not been made in a manner consistent with, and has failed to implement, the recommendations of the Office of the Planning Regulator under section 31 AO of the Act.
III. In light of the matters set out at I above, the Minister is of the opinion that the Local Area Plan as made is inconsistent with the objectives of the Development Plan of the area, which is a requirement of section 19(2)the Act.
IV. The Local Area Plan as made is not consistent with the objectives of the RSES contrary to section 19(2) and section 27(1) of the Act.
V. The Minister is of the opinion that the Local Area Plan as made is not consistent with National Policy Objective 33 of the National Planning Framework.
VI. The Minister is of the opinion that the Local Area Plan as made fails to set out an overall strategy for the proper planning and sustainable development of the area.
VII. The Local Area Plan is not in compliance with the requirements of the Act.
Draft Direction-Formal Public Consultation:
In accordance with the requirements of Section 31(7) of the Act, the Planning Authority will commence a period of public consultation on the Minister’s Notice of Intention to Issue a Direction for a period of 2 weeks between the 29th February 2024 and 14th March 2024 inclusive, during which time a copy of the Draft Ministerial Direction may be inspected at the following locations:
Online via the Council’s Public Consultation Portal: http://consult.galway.ie - refer to links on right-hand side of this page under materials.
At the Council offices during normal office hours (9am-4pm, Monday to Friday):
Planning offices of Galway County Council, Áras an Chontae, Prospect Hill, Galway,H91H6KX
Written Submissions or Observations in Respect of the Draft Direction:
Written submission or observations, in respect of the Draft Direction, may be made (one medium only) to the Council between the 29/02/2024 and 14/03/2024 as follows:
In writing marking “Draft Direction to the Athenry Local Area Plan 2024-2030”, Forward Planning Section, Planning Department, Galway County Council, Áras an Chontae, Prospect Hill, Galway,H91H6KX.
Observations or submissions must include the full name and address of the person(s) making the submission and where relevant, the body or organization represented. Late observations/submissions will not be accepted.
Chief Executive’s Report
Following expiry of the 2-week public consultation period and not more than 4 weeks later, a Chief Executive’s Report must be prepared on the submissions/observations received during this period. This Report must then be furnished to the Office of the Planning Regulator, the Elected Members and the Minister for Local Government and Planning.
Please note that observations or submission will be made public on the Council’s website and at the offices of Galway County Council and will also form part of the statutory Chief Executive’s Report subsequently published on Galway County Council website. The details including the names of those making submission may be shared with relevant Council and Government Departments or their agents involved in the process and may form part of reports linked to the making of any Direction.
Galway County Council is subject to the provisions of the Data Protection Act (as amended) and General Data Protection Regulation (GDPR). In order to assist us in complying with Data Protection and GDPR please include your name and contact details (and where relevant, details of any organisation, community group or company etc., which you represent), on a separate sheet to the content of your submission/ observation.This processing of your personal data is lawful under Article 6 (1)(e) of the GDPR regulations. The Council’s Data Protection Policy is available on the Council website.
Please note that in accordance with Section 19 of the Planning and Development (Amendment) Act, 2018 all valid submissions received by the Council shall be published on the Galway County Council website within 10 working days of its receipt by the Council. The planning process is an open and public process and therefore your submission (in part or in total) will be available.
Notice of Draft Ministerial Direction in the matter of Section 31 of the Planning & Development Act 2000 (as amended) - Athenry Local Area Plan 2024-2030
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DRAFT DIRECTION IN THE MATTER OF SECTION 31
OF THE PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Athenry Local Area Plan 2024-2030
The Chief Executive's Report is available now: here
The Athenry Local Area Plan 2024-2030 was formally made by the Elected Members of the Athenry/Oranmore Municipal District on the 9th January 2024.
As required under Sections 31AO(5) of the Planning and Development Act, 2000 (As Amended) the Planning Authority issued notification of the Plan's adoption to the Office of the Planning Regulator (OPR). The Chief Executive also informed the OPR of the decision of the Authority not to comply with certain recommendations made in the relevant report of the OPR, together with reasons for the decision of the Authority.
On the 19th February 2024 the Minister of State for Local Government and Planning issued a ‘Notice of Intention to Issue a Direction’ to the Planning Authority under Section 31 of the Planning and Development Act, 2000 (As Amended) (‘the Act’). The Draft Direction concerns the zoning of five parcels of land in the town. Interested parties are advised that these matters, in accordance with Section 31(6) of the Act, ‘shall not have effect’, notwithstanding their inclusion in the Plan as adopted by the Council and pending the issuing of the Minister’s Final Direction.
The Draft Direction sets out the following:
(i). Reinstate the following zoning objectives and associated text consistent with the recommendation of the Chief Executive’s Report on the material alterations, and delete the following material alterations from the adopted Local Area Plan:
STATEMENT OF REASONS
I. The Local Area Plan as adopted includes material alterations to the draft Local Area Plan, which zone additional residential land in excess of what is required for the town having regard to the growth targets for Athenry under the core strategy of the Galway County Development Plan 2022-2028. These material alterations are inconsistent with Objective CS 1 of the County Development Plan to secure the implementation of the population growth and housing supply targets set out in the core strategy and the settlement hierarchy, and Objective CS 3 to support and manage self-sufficient sustainable development of all settlements in a planned manner, with population growth and the development of economic, physical and social infrastructure.
These material alterations are located in peripheral and/or non-sequential and/or unserviced locations either fully or partly outside the CSO boundary. The material alterations would individually and cumulatively encourage a pattern of development in particular locations which is inconsistent with RPO 3.1 and RPO 3.2 of the RSES, and the objectives of the County Development Plan to achieve compact growth through the delivery of new homes in urban areas within the existing built up footprint of settlements (Objective CS 2), discourage the development of lands with no links to the town or village centre (Objective CGR 1), encourage sustainable compact growth and settlement patterns to secure climate resilience and reduce carbon dioxide and greenhouse emissions (Objective CS 8), and fail to have regard to the policy and objective for a sequential approach to development in the Development Plans Guidelines for Planning Authorities (2022) issued under section 28 of the Act.
II. The Local Area Plan has not been made in a manner consistent with, and has failed to implement, the recommendations of the Office of the Planning Regulator under section 31 AO of the Act.
III. In light of the matters set out at I above, the Minister is of the opinion that the Local Area Plan as made is inconsistent with the objectives of the Development Plan of the area, which is a requirement of section 19(2) the Act.
IV. The Local Area Plan as made is not consistent with the objectives of the RSES contrary to section 19(2) and section 27(1) of the Act.
V. The Minister is of the opinion that the Local Area Plan as made is not consistent with National Policy Objective 33 of the National Planning Framework.
VI. The Minister is of the opinion that the Local Area Plan as made fails to set out an overall strategy for the proper planning and sustainable development of the area.
VII. The Local Area Plan is not in compliance with the requirements of the Act.
Draft Direction-Formal Public Consultation:
In accordance with the requirements of Section 31(7) of the Act, the Planning Authority will commence a period of public consultation on the Minister’s Notice of Intention to Issue a Direction for a period of 2 weeks between the 29th February 2024 and 14th March 2024 inclusive, during which time a copy of the Draft Ministerial Direction may be inspected at the following locations:
Written Submissions or Observations in Respect of the Draft Direction:
Written submission or observations, in respect of the Draft Direction, may be made (one medium only) to the Council between the 29/02/2024 and 14/03/2024 as follows:
Observations or submissions must include the full name and address of the person(s) making the submission and where relevant, the body or organization represented. Late observations/submissions will not be accepted.
Chief Executive’s Report
Following expiry of the 2-week public consultation period and not more than 4 weeks later, a Chief Executive’s Report must be prepared on the submissions/observations received during this period. This Report must then be furnished to the Office of the Planning Regulator, the Elected Members and the Minister for Local Government and Planning.
Please note that observations or submission will be made public on the Council’s website and at the offices of Galway County Council and will also form part of the statutory Chief Executive’s Report subsequently published on Galway County Council website. The details including the names of those making submission may be shared with relevant Council and Government Departments or their agents involved in the process and may form part of reports linked to the making of any Direction.
Galway County Council is subject to the provisions of the Data Protection Act (as amended) and General Data Protection Regulation (GDPR). In order to assist us in complying with Data Protection and GDPR please include your name and contact details (and where relevant, details of any organisation, community group or company etc., which you represent), on a separate sheet to the content of your submission/ observation. This processing of your personal data is lawful under Article 6 (1)(e) of the GDPR regulations. The Council’s Data Protection Policy is available on the Council website.
Please note that in accordance with Section 19 of the Planning and Development (Amendment) Act, 2018 all valid submissions received by the Council shall be published on the Galway County Council website within 10 working days of its receipt by the Council. The planning process is an open and public process and therefore your submission (in part or in total) will be available.
Signed: Liam Hanrahan
Director of Service
Economic Development & Planning
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