This Planning Insight provides a brief overview of new forward planning provisions in the Planning and Development Act 2024, including the National Planning Framework, National Planning Statements, Regional Spatial and Economic Strategies, Development Plans, Area Plans, and Urban Development Zones.
National Planning Framework (NPF)
- The NPF will contain a statement setting out the Government’s national plan in relation to the strategic planning and sustainable development of the State.
- It will continue to make provision for a period of not less than 10 years and not more than 20 years.
- The NPF will be subject to a mandatory review after every second census(i.e. the review is to be completed within 2 years of the final report of the second occurrence of the census) – this replaces the current provision for a review every 6 years from the date of publication of the NPF.
- However, the 2024 Act does make provision that the Government can undertake a review after each census cycle if necessary.
- The 2018 NPF will remain in force until the revised NPF is published.
National Planning Statements (NPS)
- Section 28 Ministerial Guidelines will be replaced with National Planning Statements (NPS), comprising:
- National Planning Policies and Measures– national policies and measures on planning matters to support proper planning and sustainable development; and
- National Planning Policy Guidance– guidance as to the implementation of the policies and measures referred to in National Planning Policies and Measures.
- Section 28 Ministerial Guidelines will continue to be in force until revoked by the Minister or replaced by a new or amended NPS.
The Regional Spatial and Economic Strategy (RSES)
- A regional assembly will make a long-term strategic planning and economic framework for the development of its region, for a period that is not less than 10 years and not more than 20 years.
- The RSES will identify settlements or part of urban areas that are within more than one functional area of a planning authority and for which a coordinated area plan will need to be prepared.
- A review of the RSES must commence not later than 6 months after the publication of a revised or new NPF.
- There are increased powers for the Office of the Planning Regulator (OPR) as part of the RSES preparation process, similar to the OPR assessment of Development Plans.The OPR will be required to carry out an assessment of a RSES, revision or amendment, and can prepare a draft Direction where it recommends the Minister address any inconsistencies. The OPR can carry out an assessment of a RSES at any time, or at the request of the Minister, in addition to considering any RSES monitoring report (prepared by the regional assembly every four years) and can make recommendations to the Minister in relation to measures required to support the implementation of the RSES concerned.
- Additional provisions are also included for consideration of a new/amended National Planning Statement, and an expedited amendment of an RSES where there is material inconsistency with the NPS (a similar provision is also included for Development Plans).
- A RSES will remain in force for the remainder of the RSES period, or until a new RSES is made (whichever is the shorter period). However, the Minister can vary the period for which a RSES is to remain in force.
Development Plans
- The lifetime of a Development Plan is extended from 6 to 10 years, and in exceptional circumstances it can be extended by a further 2 years.
- Development Plans will include objectives and an accompanying map for the zoning of all land in the functional area of the planning authority – this represents a change compared to the 2000 Act, where Local Area Plans can include the zoning objectives for the relevant settlements.
- The housing development strategy element of the Development Plan must include an estimation of the land required to be zoned to accommodate the allocated population and housing growth targets and to ensure that sufficient and suitable land is zoned, and includes an objective for monitoring progress.
- A Development Plan review must take place not later than 8 years after the making of each Plan.
- An Interim Implementation Report on the Development Plan progress must be prepared after 4 years (and not later than 4 years and 9 months). It can include recommendations for proposed variations of the Plan for progressing the implementation of the overall strategy, which if agreed by members will be brought forward as a variation.
- In addition, where there has been a change in the housing market or housing need, the chief executive can recommend that the housing development strategy and/or housing strategy be adjusted, and that the Development Plan be varied accordingly.
- The Planning Authority will undertake consultation with the OPR at least 3 months before the preparation of a draft Development Plan. The OPR will issuean Opinion on Development Plan Strategy, that will inform the basis of a Strategic Issues and Options Paper prepared by the Planning Authority prior to the preparation ofa draft Development Plan.The OPR can also carry out an assessment of a Development Plan at any time, or at the request of the Minister, and will also consider reports from the Planning Authority on the inconsistency with a new/amended NPS.
- A current Development Plan in force before the repeal of Part II of the 2000 Act will remain in force for the plan period or until a new Plan has been made, whichever is the shorter period. The Minister can also extend the period the Development Plan is to remain in force.
- Where a draft Development Plan is published before the repeal of Part II of the 2000 Act, the Planning Authority can proceed to make/adopt the new Development Plan.
Urban Area Plans, Priority Area Plans and Co-ordinated Area Plans, and Urban Development Zones
- The preparation and making of Area Plans replaces the process established for Local Area Plans (LAP). The three types of Area Plans are:
- Urban Area Plans for regional growth centres and key towns, or settlements where in the opinion of the Planning Authority, the scale of planned growth requires an integrated approach to land use and transportation planning for the entire urban area.
- Priority Area Plans for parts of towns and cities that have the capacity to deliver significant housing or other development or that have a particular need for a bespoke plan for regeneration and renewal. A Planning Authority may appoint a sub-committee comprised of elected members in relation to the preparation of a draft priority area plan.
- Coordinated Area Plans to be prepared jointly by two or more Planning Authorities for the development of a settlement, or part of an urban area, that straddles their functional areas.
- The Area Plans will remain in force for a period of 10 years or until the development plan is replaced.
- Any LAP in force before the repeal of Part II of the 2000 Act will remain in force for the period stated in the plan, or until a new Development Plan has been made, whichever is the shorter period.
- The Planning Authority may extend the period of a LAP continued in force provided that a new Development Plan has not been made – however this does not appear to apply to any expired LAPs.
- Where a draft Local Area Plan is published before the repeal of Part II of the 2000 Act, there is no provision for the Planning Authority to proceed to make/adopt the new LAP under the new Act.
- The 2024 Act provides arrangements for the identification of suitable areas for Urban Development Zones, the inclusion of candidate Urban Development Zones within a Development Plan, the designation of Urban Development Zones by Government and the making of a development scheme for all or part of the area (Similar in some respects to SDZs).
Note: This Planning Insight summarises some of the key provisions of the new Act, however, the 2024 Act legislative process and guidelines are complex, and specialist advice should be sought in assessing any particular case.
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