Notice of Draft Ministerial Direction in the matter of Section 31 of the Planning & Development Act 2000 (as amended) - Loughrea Local Area Plan 2024-2030
Notice of Draft Ministerial Direction in the matter of Section 31 of the Planning & Development Act 2000 (as amended) - Loughrea Local Area Plan 2024-2030
OF THE PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Loughrea Local Area Plan 2024-2030
The Chief Executive's Report is available now: here
The Loughrea Local Area Plan 2024-2030 was formally made by the Elected Members of the Loughrea Municipal District on the 15th July 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 22nd August 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 one parcel 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:
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 Alteration from the adopted Local Area Plan:
Material Alteration MA35 from the adopted Local Area Plan - i.e. the subject lands revert to unzoned from Community Facilities.
I. The Local Area Plan includes a material alteration to the draft Local Area Plan to zone land as Community Facilities located on the far side of the N65 national road with no existing or planned access by walking, cycling or public transport from Loughrea, inconsistent with the objectives of the RSES and County Development Plan for sustainable growth which prioritises connectivity by way of safe, secure walking and cycling routes and public transport (RPO 6.30 of the RSES and County Development Plan Policy Objectives PM 4 and PM 6), and supports the provision of pedestrian and cycling infrastructure for shorter local journeys (County Development Plan Policy Objectives GCTPS 4 and WC 4).
II. The Local Area Plan includes a material alteration to zone land as Community Facilities adjoining the N65 national road which is inconsistent with RPO 6.5 of the RSES and Policy Objective NR 1 of the County Development Plan to protect the strategic capacity and safety of the national roads network and associated national road junctions, and fails to have regard to sections 2.4 and 2.7 of the Spatial Planning and National Roads Guidelines for Planning Authorities (2012)
III. 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 31AO of the Act.
IV. 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) of the Act.
V. The Minister is of the opinion that 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.
VI. The Minister is of the opinion that the Local Area Plan as made is not consistent with National Policy Objective 27 of the National Planning Framework.
VII. 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.
VIII. 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 Thursday 29th August to Thursday 12th September 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 29/08/2024 and 12/09/2024as follows:
In writing marking “Draft Direction to the Loughrea 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) - Loughrea Local Area Plan 2024-2030
Primary tabs
DRAFT DIRECTION IN THE MATTER OF SECTION 31
OF THE PLANNING AND DEVELOPMENT ACT 2000 (as amended)
Loughrea Local Area Plan 2024-2030
The Chief Executive's Report is available now: here
The Loughrea Local Area Plan 2024-2030 was formally made by the Elected Members of the Loughrea Municipal District on the 15th July 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 22nd August 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 one parcel 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:
STATEMENT OF REASONS
I. The Local Area Plan includes a material alteration to the draft Local Area Plan to zone land as Community Facilities located on the far side of the N65 national road with no existing or planned access by walking, cycling or public transport from Loughrea, inconsistent with the objectives of the RSES and County Development Plan for sustainable growth which prioritises connectivity by way of safe, secure walking and cycling routes and public transport (RPO 6.30 of the RSES and County Development Plan Policy Objectives PM 4 and PM 6), and supports the provision of pedestrian and cycling infrastructure for shorter local journeys (County Development Plan Policy Objectives GCTPS 4 and WC 4).
II. The Local Area Plan includes a material alteration to zone land as Community Facilities adjoining the N65 national road which is inconsistent with RPO 6.5 of the RSES and Policy Objective NR 1 of the County Development Plan to protect the strategic capacity and safety of the national roads network and associated national road junctions, and fails to have regard to sections 2.4 and 2.7 of the Spatial Planning and National Roads Guidelines for Planning Authorities (2012)
III. 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 31AO of the Act.
IV. 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) of the Act.
V. The Minister is of the opinion that 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.
VI. The Minister is of the opinion that the Local Area Plan as made is not consistent with National Policy Objective 27 of the National Planning Framework.
VII. 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.
VIII. 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 Thursday 29th August to Thursday 12th September 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 29/08/2024 and 12/09/2024as 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
Share
Submissions
Themes
Materials