Introduction to the Chief Executive’s Report
1.4 Legislative Context
Where a proposed amendment to the plan would be a material alteration , the planning authority must publish a notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, the Office of the Planning Regulator, the Board and the prescribed authorities. Material alterations to the draft plan are also subject to Strategic Environmental Assessment, Appropriate Assessment and Strategic Flood Risk Assessment. The proposed material alterations are published for public consultation for a period of at least 4 weeks, following which a Chief Executive’s Report on the material alterations consultation is prepared. In making the development plan, the Members are restricted to considering: • the proper planning and sustainable development of the area, • the statutory obligations of any local authority in the area, • any relevant Government or Ministerial policies or objectives for the time being. Where the planning authority decides not to comply with any recommendation of the Minster, Office of the Planning Regulator or Southern Regional Assembly, it is required to inform the Minister, Office of the Planning Regulator or Southern Regional Assembly as soon as practicable by notice in writing outlining the reasons for the decision.
The legislative basis for this part of the process is set out under section 12 of the Planning and Development Act, 2000 as amended. In accordance with section 12(4), this Chief Executive’s report is required to: (i) list the persons or bodies who made submissions or observations to the Draft Plan consultation, (ii) provide a summary of the recommendations and observations made by the Office of the Planning Regulator and Southern Regional Assembly, (iii) provide a summary of all other submissions and observations, (iv) give the response of the Chief Executive to the issues raised, taking account of: — • any directions of the Members under section 11(4), • the proper planning and sustainable development of the area, • the statutory obligations2 of any local authority in the area, • any relevant Government or Ministerial policies or objectives and, any observations made by the Minister section 12(3)(b)(iv).
1.5 The Next Steps
The Elected Members of Cork City Council have up to 12 weeks to consider the Draft Cork City Development Plan 2022-2028 and this Chief Executive’s report following which, where it appears to the Members that the Draft should be accepted or amended, they may by resolution accept or amend the Draft and make the Development Plan accordingly.
2 Section 12(18) of the Act defines ‘statutory obligations’ as including the obligation to ensure that the development plan is consistent with the National Planning Framework, Regional Spatial Economic Strategy and any section 28 Specific Planning Policy Requirements.
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