Appendix 10 Compliance and Ministerial Guidelines
APPENDIX 10
STATEMENT OUTLINING COMPLIANCE WITH MINISTERIAL GUIDELINES
Under Section 28 of the Planning and Development Act 2000 (as amended), the Minister may, at any time, issue guideline to planning authorities regarding any of their functions under the Planning Act and planning authorities shall have regard to those guidelines in the performance of their functions.
A planning authority in having regard to the guidelines issued by the Minister under that subsection, shall -
(a) consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and
(b) append a statement to the Development Plan including information which demonstrates:
- How the Council has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the Development Plan.
- Alternatively, if applicable, if the Council has formed the opinion that is not possible, because of the nature and characteristics of the area or part of the area of the Development Plan, to implement certain policies and objectives of the Minister contained in the guidelines, the statement shall give the reasons for the forming of the opinion and why the policies and objectives of the Minister have not been so implemented.
In addition, Section 28 (1C) of the Act includes a provision that Guidelines made under Section 28(1) may contain specific planning policy requirements (SPPRs) with which planning authorities, regional assemblies and the Board shall, in the performance of their functions, comply.