COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 11, 2013

HEADED ITEM NO. 8

HEADED ITEM: P.Hogan

PROCEDURE UNDER S.12 OF THE 2010 PLANNING ACT REGARDING LIFFEY VALLEY LOCAL AREA PLAN

REPLY:

Section 12 of the Planning and Development Act 2010 introduced a new provision, that amended Section 19 of the Planning and Development Act 2000, whereby a Planning Authority may extend the life of an existing Local Area Plan (the normal LAP duration is 6 years) for a further 4 years (i.e. up to a total of 10 years from adoption) provided the Planning Authority resolve to do this within 5 years of the original adoption date. (Members will be aware that there is also a mechanism in the Act for extending individual grants of planning permission.).

The Liffey Valley Town Centre LAP was adopted in March 2008.  The Liffey Valley LAP will remain in force for 6 years from its adoption until March 2014. The new procedure introduced under Section 12 of the Planning and Development Act 2010 gives the Council the option to extend the Liffey Valley LAP to March 2018 provided the Planning Authority resolve to do this before March 2013.  The Tallaght Town Centre LAP was extended for a further period of four years in October 2011 in accordance with this legislation.  As required by the legislation, the accompanying report provides detail supporting the the opinion of the Manager that:-

1) The local area plan remains consistent with the objectives and core strategy of the relevant development plan (i.e. the South Dublin County Development Plan 2010-16); and

2) The objectives of the local area plan have not been substantially secured;

Accordingly, it, is reccommended that the sending and publishing of the notices be deferred for a further period not exceeding 5 years from February 2013 and that the Council approve the procedure to defer the sending of a notice under section 20(3)(a)(i) of the Planning and Development Act 2000 -2010 (i.e. notices for making, amending or revoking the Local Area Plans as amended by Section 12 of the Planning and Development Act 2010) for the Liffey Valley Local Area Plan.

The following resolution is therefore recommended:

"That this Council approve the procedure to defer the sending of a notice under section 20(3)(a)(i) of the Planning and Development Act 2000 -2010 (i.e. notices for making, amending or revoking the Local Area Plans as amended by Section 12 of the Planning and Development Act 2010) for the Liffey Valley Local Area Plan for a further period not exceeding 5 years."