Notice of Draft Ministerial Direction In The Matter of Section 31 Of The Planning And Development Act 2000 (As Amended)
Date: 11-08-2022
Notice of Draft Ministerial Direction In The Matter of Section 31 Of The Planning And Development Act 2000 (As Amended)
Mayo County Development Plan 2022-2028
Notice is hereby given pursuant to Section 31 of the Planning and Development Act 2000 (as amended), that on 8th August 2022 the Minister of State for Local Government and Planning, consequent to a recommendation made to him by the Office of the Planning Regulator under Section 31 AM(8) of the Planning and Development Act 2000 (as amended), has delivered notice of the Minister’s intent to issue a Direction to Mayo County Council (being the Planning Authority for County Mayo). The Draft Ministerial Direction relates to the Mayo County Development Plan 2022- 2028.
The Reasons stated for the Draft Ministerial Direction are that:
I. Pursuant to section 31(1)(b), section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan as made includes material amendments to the Core Strategy of the draft Plan, which are not consistent with national and regional planning policy and the proper planning and sustainable development of the area, including:
- core strategy policies and objectives that are inconsistent with national and regional policy objectives for compact growth NPO 3, and RPO 3.2, and consequently with section 10(1A) of the Act;
- core strategy policies and objectives that are inconsistent with the implementation of the targets in the core strategy table 2.7.7 of the Development Plan and consequently with section 10(2A)(a) of the Act; and
- core strategy policies and objectives that are inconsistent with the strategic aims of the Plan which promote consolidation and compact development and transition to a low carbon energy efficient transport systems (section 2.3), the strategic county development objectives of the plan that support the transition to a low carbon and climate resilient county by promoting sustainable settlement patterns (SO 4), progression towards achievement of national strategic objectives of the NPF (SO 10), and integration of land use planning and sustainable transportation planning and consolidation of development (SO 12).
II. Pursuant to section 31(1)(b), section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan as made includes material amendments to the draft Plan, that individually and cumulatively are not consistent with the Core Strategy, national and regional planning policy, and the proper planning and sustainable development of the area, including:
- Land zoned for residential development located in peripheral locations remote from the existing settlement, inconsistent with the requirements for compact growth in NPO 3 and RPO 3.2, and fails to have regard to the policy and objective for a sequential approach to development in 6.2.3 of Development Plans Guidelines for Planning Authorities (2022), and
- Extensions to the consolidated zoning and settlement boundaries in peripheral locations remote from the existing settlement, inconsistent with the requirements for compact growth in NPO 3 and RPO 3.2, and fails to have regard to the sequential approach to development in 6.2.3 of Development Plans Guidelines for Planning Authorities (2022).
III. Pursuant to section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan as made includes residential density standards set out in Table 2 of Vol 2: Development Management Standards inconsistent with national and regional planning policy, specifically the requirement to implement compact growth under NPO 3 and RPO 3.2; and that fail to have regard to the Section 28 Residential Development in Urban Areas Guidelines (2009).
IV. Pursuant to section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan as made includes policies and objectives which make provision for the consideration of residential development on lands zoned ‘Strategic Residential Reserve Tier II’ during the plan period, albeit subject to certain considerations regarding the availability of New Residential and Strategic Residential Reserve Tier I lands, which are inconsistent with national and regional planning policy, specifically compact growth under NPO 3 and RPO 3.2 and the proportionate growth of rural towns under NPO 18a, and the promotion of sustainable settlement and transportation strategies under section 10(2)(n), and which fail to have regard to the policies and objectives for a sequential approach to development in 6.2.3 of Development Plans Guidelines for Planning Authorities (2022).
In so doing, the planning authority has made the Plan inconsistent with the requirements of section 10(2A)(d)(ii) of the Act which requires that the development plan provides details on how the zoning proposals in respect of lands zoned for residential use accords with national policy that development of land shall take place on a phased basis.
V. Pursuant to section 31(1)(c)
The Development Plan as made includes land zoned for enterprise and employment development at a peripheral location outside the plan boundary for Ballinrobe where the evidence rationale underpinning the zoning is not clear or strategic in nature and fails to have regard to 6.2.5 of Development Plans Guidelines for Planning Authorities (2022).
VI. Pursuant to section 31(1)(ba)(i)
The Development Plan as made includes material amendments to the rural housing policy of the draft Plan, that individually and cumulatively are not consistent with NPO 19 to ensure that a distinction is made between areas under urban influence and elsewhere, and NPO 15 and NPO16 to reverse rural decline in small towns and villages and support their regeneration and renewal; with the strategic aims and other policies and objectives of the Development Plan.
VII. Pursuant to section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan by failing to incorporate the mitigation measures, which formed the basis upon which land use zonings have been justified in the SFRA, into the Plan as policy objectives includes lands zoned in a manner that is inconsistent with National Policy Objective 57, which seeks to avoid inappropriate development in areas at risk of flooding having regard to Ministerial Guidelines issued under Section 28 of the Act, The Planning System and Flood Risk Management Guidelines (2009).
VIII. Pursuant to section 31(1)(c)
The Development Plan as made includes policy MTP 23 which provides that consideration is given to increased traffic from existing accesses to national roads to which speed limits greater than 60 kph apply, and that fails to have regard to the Spatial Planning and National Roads Guidelines (2012)
IX. Pursuant to section 31(1)(a)(i)(II)
The Development 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 AM.
Public Display
A copy of the Draft Ministerial Direction may be inspected from 22nd August 2022 to 05th September 2022 (inclusive) at http://consult.mayo.ie and at the following locations:
- Mayo County Council, Áras an Chontae, The Mall, Castlebar, Co. Mayo, F23 WF90 Monday to Friday between 9.00am to 1.00pm and 2.00pm to 5.00pm.
The following Municipal District and Area Offices during normal office opening hours:-
- Ballina Civic Offices, Arran Place, Ballina, Co Mayo, F26 E5D7 - From 9.00am – 1.00pm and 2.00pm – 5.00pm
- Ballinrobe Area Office, Kilmaine Rd, Ballinrobe, Co. Mayo, F32 RR96 - From 9.00am – 1.00pm and 2.00pm – 5.00pm
- Belmullet Area Office, Church Road, Belmullet Co Mayo, F26 W5H0 - From 9.00am – 1.00pm and 2.00pm – 5.00pm
- Castlebar Office, Áras an Chontae, The Mall, Castlebar, Co. Mayo, F23 WF90 - From 9.00am – 1.00pm and 2.00pm – 5.00pm
- Claremorris Area Office, Kilcolman Rd, Claremorris, Co. Mayo, F12 P383 - From 9.00am – 1.00pm and 2.00pm – 5.00pm
- Swinford Area Office, Station Rd, Swinford, Co. Mayo, F12 V126 - From 09.00 am – 1.00 pm and 2.00 pm – 5.00 pm
- Westport Civic Offices, Altamont Street, Westport, Co Mayo, F28 W248 - From 9.00 am – 1.00 pm & 2.00 pm – 5.00 pm
Submissions or Observations in Respect of the Draft Ministerial Direction:
Written submission or observations, in respect of the Draft Ministerial Direction, may be made to the Council between the 22nd August 2022 and the 05th September 2022 as follows:
- Online via the Council’s Public Consultations Portal at http://consult.mayo.ie/ using the 'Make a Submission' link, or
- In writing marking “Draft Direction to the Mayo County Development Plan 2022-2028” Planning Department, Mayo County Council, Áras an Chontae, The Mall, Castlebar, Co. Mayo, F23 WF90.
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.
- The deadline for submissions and observations is 4pm on the 05th of September 2022.
Late observations/submissions will not be accepted.
All submission or observations made in respect of the Draft Ministerial Direction, during this period, shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.
Please note that observations or submission will be made public on the Council’s website and at the offices of Mayo County Council and will also form part of the statutory Chief Executive’s Report subsequently published on Mayo 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.
The personal information (data) collected during the consultation process (which may include the collection of sensitive personal data) is collected for the purpose of receiving and dealing with submissions and any data collected is subject to Mayo County Council’s privacy statement which can be found at https://www.mayo.ie/privacy
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 Mayo 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.