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Clare County Development Plan 2022–2028 Chief Executive’s Report on Pre-Draft Public Consultation Process Submitted to Elected Members in accordance with Section 11 (4) of the Planning and Development Act 2000 (as amended) 15th January 2021 Table of Contents ACRONYMS 2 SECTION 1: Introduction 4 1.1 Purpose and Format of the Chief Executive’s Report 4 1.2 Legislative Background for the Chief Executive’s Report 5 SECTION 2: Pre-Draft Public Consultation Process 12 2.1 Consultation Awareness 12 2.2 Public Information Events and Meetings 13 2.3 Other Relevant Meetings 13 2.4 Engagement with young People 14 SECTION 3: Information on the Next Stage of the County Development Plan Review 15 SECTION 4: Summary of submissions made by the Office of the Planning Regulator and the Southern Regional Assembly and the Chief Executives opinion and recommendations on policies to be included in the draft Development Plan 17 SECTION 5: Outlines the issues raised within the written submissions received on all other valid submissions during the Pre-Draft consultations phase and the Chief Executive’s Opinion and Recommendations 45 APPENDICES Appendix A List of Persons/Bodies who were notified about the Review of the Development Plan Appendix B List of Environmental Authorities and other Authorities Appendix C List of Late and Invalid Submissions Appendix D List of Persons/Bodies who were consulted about the Review of the Development Plan Appendix E Newspaper Notice 1 Acronyms BGI Blue Green Infrastructure CCC Clare County Council CDP County Development Plan DES Department of Education and Skills GHG Green House Gas GNI Gas Networks Ireland HEP Hydro Electric Power HNDA Housing Need Demand Assessment IFI Inland Fisheries Ireland IWEA Irish Wind Energy Association LAPs Local Area Plans LA Local Authority LAP Local Area Plan LAWPRO Local Authorities Water Programme LNDR Limerick Northern Distributor Road LSMATS Limerick Shannon Metropolitan Area Transport Strategy LTP Local Transport Plan LDA Land Development Agency MASP Metropolitan Area Strategic Plan MPDM Bill Marine Planning and Development Management Bill NBS Nature Based Solutions NPF National Planning Framework NTA National Transport Authority NWRM Natural Water Retention Measures OPW Office of Public Works ORE Offshore Renewable Energy RSES Regional Spatial and Economic Strategy TPOs Tree Preservation Orders RPS Record of Protected Structures SAC Special Area of Conservation SDG United Nations Sustainable Development Goals SDZ Strategic Development Zone SEA Strategic Environmental Assessment SFRA Strategic Flood Risk Assessment SFPC Shannon Foynes Port Company SIFP Shannon Integrated Framework Plan SPA Special Protection Area SPPR Specific Planning Policy Requirement SRA Southern Regional Assembly SUDS Sustainable Urban Drainage Solutions TII Transport Infrastructure Ireland 2 SECTION 1: Introduction SECTION 2: Pre-Draft Public Consultation Process SECTION 3: Information on the Next Stage of the County Development Plan Review 3 Section 1: Introduction The County Development Plan sets out an overall strategy for the proper planning and sustainable development of the County over a six year period. On 18th September 2020, as per Section 11 of the Planning and Development Act, 2000, as amended, the Planning Authority commenced the review of the existing Clare County Development Plan 2017-2023 (as varied) and the preparation of a new Clare County Development Plan for the period 2022-2028. The process commenced with a notice in the local newspaper and the publication of the Issues Paper followed by an 8 week period of public consultation up to the 16th of November 2020. The Issues Booklet was made available on line and distributed to initiate debate on the broad planning and development matters that should be included in the new Development Plan. This marks the first stage of what is in general a two year, process for the preparation and adoption of a Development Plan. The preparation of the Clare County Development Plan is one of the most important functions of the Council as it represents an agreed economic, social, cultural and environmental blueprint for the future planning, growth and development of County Clare. Notwithstanding the restrictions placed on holding public events and meetings due to Covid- 19, the level of engagement at this stage of the process was high with a total of 212 submissions were received; 12 of these related to zoning and were therefore considered invalid and 6 were received after the closing date. Thus a total of 194 valid submissions were received and considered in this report. Clare County Council wish to take this opportunity to sincerely thank everyone who took the time to make a submission on the Issues Booklet, those who gave their time to attend the information sessions both physically and virtual, and engaged with officials and Elected Members. The views, opinions and suggestions from all persons and bodies that have made submissions are taken into considerations in this report and will inform the on-going preparation of the draft Development Plan. 1.1 Purpose and Format of the Chief Executive’s Report This Chief Executive‘s Report forms part of the statutory procedure for the review of the existing Clare County Development Plan 2017-2023 (as varied) and the preparation of a new Clare County Development Plan 2022-2028. Its purpose is to report on the outcome of the statutory consultation process (as prescribed under Section 11 of the Planning and Development Act 2000, as amended). In accordance with the legislation the report lists and summarises the main issues raised in the submissions received from the pre-draft consultation process, and provides recommendations on the policies to be included in the draft Development Plan. The report will be issued to Elected Members of Clare County Council for consideration. 4 The Chief Executive Report consists of 5 sections and supported by 5 appendices. Section 1: Provides an introduction and overview of the report and details the legislative background for this stage of the preparation of the draft Development Plan as well as outlining the role of the Elected Members in the next stage of the process. Section 2: Outlines the consultation that was undertaken during the Pre-Draft consultation phase of the review. Section 3: Information on the next stage of the County Development Plan Review Section 4: Outlines the issues raised within the written submissions received from The Office of the Planning Regulator and Southern Regional Assembly during the Pre-Draft consultations phase and the Chief Executive’s Opinion and Recommendations Section 5: Outlines the issues raised within the written submissions received on all other valid submissions during the Pre-Draft consultations phase and the Chief Executive’s Opinion and Recommendations Additional information is included in the appendices such as bodies and persons consulted and list of valid and late submissions. 1.2 Legislative Background for the Chief Executive’s Report The purpose of this section is to set out the legislative requirements governing this stage of the review of the Clare County Development Plan 2017-2023 (as varied) and the preparation of the new Clare County Development Plan 2022-2028. In addition, the requirements for Strategic Environmental Assessment and Appropriate Assessment throughout the overall Development Plan process are introduced. Planning and Development Act 2000, as amended Section 11(4)(b) of the Planning and Development Act, 2000, as amended, sets out the requirements in relation to the preparation of a Chief Executive‘s Report. Under this section of the Act, the Chief Executive is required to prepare a report on the submissions and observations received during the public consultation period. The Chief Executive’s Report must: (i) List the persons or bodies who make submissions or observations under this section as well as any persons or bodies consulted by the Authority (ii) Summarise the issues raised in the submissions and during the consultations, where 5 appropriate, but shall not refer to a submission relating to a request or proposal for zoning of particular land for any purpose. (iii) Give the opinion of the Chief Executive to the issues raised, taking account of: - the proper planning and sustainable development of the area, - the statutory obligations of any local authority in the area, - and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, and (iv) State the Chief Executive‘s recommendations on the policies to be included in the draft Development Plan. (v) Summarise the issues raised and the recommendations made by the Southern Regional Assembly in a report prepared in accordance with Section 27A and outline the recommendation of the Chief Executive in relation to the manner in which those issues and recommendations should be addressed in the draft Development Plan. In accordance with the Act, the Chief Executive‘s Report must then be submitted to the Members of the Planning Authority, for their consideration. Following consideration of the Chief Executive‘s Report, members may then issue directions to the Chief Executive regarding the preparation of the draft Development Plan. These directions shall be strategic in nature, and shall take account of the statutory obligations of the Local Authority in the area and relevant policies or objectives of the Government or of any Minister of the Government. In issuing Directions, Section 11(4)(f) of the Act states that the Members shall be restricted to considering the proper planning and sustainable development of the area to which the Development Plan relates. Core Strategy Section 10(1A) of the Planning and Development Act 2000, as amended, contains requirements for all Planning Authorities to include a Core Strategy which shows that the development objectives in the development plan are consistent, as far as practicable, with national and regional development objectives set out in the National Planning Framework and the Regional Spatial and Economic Strategy and with specific planning policy requirements specified in guidelines under subsection (1) of section 28.
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