COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 12, 2009

QUESTION NO.20

QUESTION: Councillor W. Lavelle

To ask the Manager to outline to members the full statutory process for making or extending a Special Amenity Area Order?

REPLY:

Statutory context - Planning and Development Act 2000

Sections 202 and 203 of the Act are relevant to the making or modification of an Order for an Area of special Amenity.

Section 202 provides in relation to Area of Special Amenity.

(1) Where, in the opinion of the planning authority, by reason of—

(a)  its outstanding natural beauty, or

(b)  its special recreational value,

and having regard to any benefits for nature conservation, an area should be declared under this section to be an area of special amenity, it may, by resolution, make an order to do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.

 

(2) Where it appears to the Minister that an area should be declared under this section to be an area of special amenity by reason of—

(a) its outstanding natural beauty, or

(b) its special recreational value,

and having regard to any benefits for nature conservation, he or she may, if he or she considers it necessary, direct a planning authority to make an order under this section in relation to an area specified in the direction and may, if he or she thinks fit, require that objectives specified in the direction be included by the planning authority in the order in respect of matters and in a manner so specified, and if the Minister gives a direction under this subsection the planning authority concerned shall comply with the direction.

(3) An order made pursuant to a direction under subsection (2) shall be revoked or amended only with the consent of the Minister.

(4) An order under this section shall come into operation on being confirmed, whether with or without modification, under section 203 .

(5) Where the functional areas of two planning authorities are continuous, either authority may, with the consent of the other, make an order under this section in respect of an area in or partly in the functional area of the other.

(6) Any order under this section may be revoked or varied by a subsequent order under this section.

(7) Subject to subsection (3), a planning authority may, from time to time, review an order made under this section (excepting any order merely revoking a previous order), for the purpose of deciding whether it is desirable to revoke or amend the order.

Section 203 provides in relation to Area of Special Amenity.

203.—(1) As soon as may be after it has made an order under section 202 , a planning authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—

(a) stating the fact of the order having been made, and describing the area to which it relates,

(b) naming a place where a copy of the order and of any map referred to therein may be seen during office hours,

(c) specifying the period (not being less than 4 weeks) within which, and the manner in which, objections to the order may be made to the planning authority, and

(d) specifying that the order requires confirmation by the Board and that, where any objections are duly made to the order and are not withdrawn, an oral hearing will be held and the objections will be considered before the order is confirmed.

(2) As soon as may be after the period for making objections has expired, the planning authority may submit the order made under section 202 to the Board for confirmation, and, when making any such submission, it shall also submit to the Board any objections to the order which have been duly made and have not been withdrawn.

(3) (a) If no objection is duly made to the order, or if all objections so made are withdrawn, the Board may confirm the order made under section 202 , with or without modifications, or refuse to confirm it.

(b) Where any objections to the order are not withdrawn, the Board shall hold an oral hearing and shall consider the objections, and may then confirm the order, with or without modifications, or refuse to confirm it.

(4) Any reference in this Act, or any other enactment, to a special amenity area order shall be construed as a reference to an order confirmed under this section.

An area of outstanding natural beauty

Outstanding natural beauty is not defined in the legislation.   The concept of outstanding natural beauty is more often associated with spectacular landscapes like the Dublin Mountains, defined landscapes like the valley of the River Liffey, set within its well defined topographical valley, or panoramas like Dublin Bay at Killiney

An area of special recreational value

Special recreational value is not defined in the legislation.   The ‘special recreational value’ concept can therefore be difficult to establish.   This would depend on the scale, frequency, tradition and ease of access for recreational use

Benefit for nature conservation

This is also not defined in the legislation, but it is generally accepted that it would apply where there was a recognised conservation designation, e.g. proposed Natural Heritage Area (pNHA), designated under the Wildlife legislation, or a designation under the EU Habitats Directive.

Procedure

In advance of the making of an Order under Section 202, the Planning Authority would have to carry out the necessary appropriate studies and investigations to establish and confirm that the land that the order relates to meets the statutory criteria set out in the legislation.  It would also be necessary to identify and assess the likely impacts and benefits of the making of an Order for an Area of Special Amenity.   Documentation from such studies and assessments would be required to support the process for confirmation of the Order, particularly if objections are made.  

Extending an Area of Special Amenity could be undertaken either by modifying an existing Order or by making a new Order.   Either approach would be subject to the same procedure of studies and investigations to confirm the statutory criteria, and the assessment of impacts and benefits.

An Order made at the direction of the Minister would be subject to both (i) the requirement to carry out studies and investigations to confirm the statutory criteria, and (ii) the assessment of impacts and benefits, as this would be required as supporting material for the Order to be confirmed, particularly if objections are made.