Draft Offaly County Development Plan 2014-2020 Amendments to Draft Plan Chief Executive’s Report to Members 19th August 2014 Prepared in accordance with Section 12 (8) of the Planning and Development Acts, as amended Offaly County Council, Áras an Chontae, Charleville Road, Tullamore, Co. Offaly. County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 Table of Contents Section Description 1 Introduction & Legislative Requirements 2 Information on the next stage of the County Development Plan Review. 3 Summary of and Response to the submission from the Minister of the Environment, Community and Local Government. 4 Summary of and Response by CE to the submissions from Government Departments, agencies and prescribed bodies. 5 Wind Topic Based Submissions. List of person/Bodies who made submissions, summary of submissions and CE’s response to issues raised. 6 Other Topic Based Submissions. List of person/Bodies who made submissions, summary of submissions and CE’s response to issues raised. 7 SEA/AA Based Submissions. List of person/Bodies who made submissions, summary of submissions and CE’s response to issues raised 8 Miscellaneous Amendments – including revised policy and objective numbering scheme Appendices Appendix A: Names and Addresses of submission makers as per submission No.s CDP/SUB/005, CDP/SUB/029 and CDP/SUB/033 Appendix B: List of late submissions received prior to the publication of the draft 1 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 2 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 SECTION 1 – Introduction & Legislative Requirements This report forms part of the statutory procedure for review of the existing County Development Plan (CDP) 2009—2015 and the preparation of the new Offaly County Development Plan 2014-2020. Proposed Amendments to the draft Offaly County Development Plan 2014-2020 were placed on public display from Friday 27th June 2014 to Friday July 25th 2014. In all, during this phase of the review process, 826 submissions were received within the statutory timeframe in relation to the amendment to the draft development plan. Three late submissions were received outside the statutory timeframe. The latest date for this report to be circulated to the Elected Members is 19th August 2014. **** Section 12(7) (b) (ii) of the Planning and Development Acts, as amended, relates to the stage of the review process where submissions are invited ‘with respect to the proposed amendment’ to the draft plan. The purpose of this stage of the two-year review process (which commenced on 28th November 2012) is to review the submissions made in relation to the proposed amendments to the draft CDP. The purpose of this report is to list and summarise the submissions made on the amendments to the draft plan and to give the response of the Chief Executive on the issues raised, as prescribed under Section 12(8) of the Planning and Development Acts, as amended. Recommendations where applicable are also made to the members. Members shall, having considered this report, make the plan with or without the proposed amendments. In accordance with Section 12 (10) (a) and (c), if members decide to accept the amendments and wish to make further modification to those amendments it must be noted that further modification can only be made: . Where it is minor in nature and therefore not likely to have significant effects on the environment or adverse impact on a European designated site. Relates to an increase in land zoned for any purpose . Addition or deletion from RPS. Members are advised that issues in the submissions which are outside the scope of the amendments (i.e. in relation to that part of the plan which has been previously agreed) should not, for the most part, be considered by the members. The legislation provides that a ‘sieving’ mechanism take place whereby issues which have been agreed prior to the proposed amendment, are automatically assumed as agreed for adoption. This is to keep the process from running into further phases of public consultation, which is not provided for in the legislation. There is a two year time limit within which the plan must be made. There are a number of miscellaneous instances where circumstances have changed and I am recommending to you to modify the plan when adopting it, but these are for the most part minor in 3 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 nature such as naming updated guidelines and clarification and not to include these changes could render the plan inconsistent with other planning requirements. In making the Development Plan, members shall be restricted to considering the proper planning and sustainable development of the area to which the Development Plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government (Section 12(11) of the Acts). 4 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 SECTION 2 – Information on the next stage of the County Development Plan Review It is proposed to include this report as an item on the agenda of the September monthly meeting of Offaly County Council on the 15th September 2014. Consideration of the report of the Chief Executive on submissions made to the amendments of the draft Offaly County Development Plan and adoption of the plan must be undertaken on or before 29th September 2014. The development plan comes into effect four weeks later after its adoption by members. Notification of its adoption must be publicly advertised and a copy of the plan must be sent to the prescribed authorities. It must be printed and made available for inspection and purchase. Owners and occupiers of structures which have been newly included on the adopted Record of Protected structures must be notified that their structure has been included in the RPS as part of the adoption of the CDP. 5 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 6 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 SECTION 3 – Summary of and Response to the submission from the Minister of the Environment, Community and Local Government. CDP/SUB/3/412: Patrick O’Sullivan, Planning Section, Department of Environment, Community and Local Government, Summary of Issues Raised: Submission is made on behalf and on the direction of the Minister for the Environment, Community and Local Government. States that the Department is of the view that the Draft Development Plan would not represent a strategy for the proper planning and sustainable development of Offaly without changes outlined. Wind Energy • States that in order to ensure consistency between the draft Plan and national policy, the Department recommends that the proposed amendments at Section 3.5.1 and Policy EP-03 should be omitted • States that the section should instead include a statement to the effect that the policies and objectives in relation to wind energy will be reviewed in the light of the completion of the focused review of the Wind Energy Guidelines by this Department. • Acknowledges that a buffer distance of 2km was proposed in the Draft Plan but strongly advises that the specification of any minimum separation distance is premature pending the finalisation of the revised Guidelines. White Land Zoning The Department requests that the proposed zoning of relevant settlements be amended to obviate the need for the designation of ‘white land’ zoning within settlement areas. Public Rights of Way The Department advises that the Planning Authority must identify public Rights-of-Way on at least one of the Development Plan Maps to ensure compliance with S10 (2)(o) of the Planning and Development Act (as amended). The planning authority may wish to implement this recommendation by: (a) Inserting a figure or map describing known and recognised strategic rights of way/cross country walking routes; and (b) Commit to a more fundamental analysis and depiction of rights-of-way within the context of a future Variation of the County Development Plan. 7 County Development Plan Review 2014-2020 Chief Executive’s Report, August 2014 Concluding Remarks The Department requests the Planning Authority to reflect these views and recommendations in the consideration of the proposed amendments. States that the Department’s officials are available to meet with the Council to discuss the matters above if it would be considered helpful with a view to resolving these matters and ensuring the Plan meets its legal requirements and thereby avoiding the necessity for further action by the Minister. CE’s Response I note the submission of the department on behalf of the Minister. The submission raises a number of points. I propose to respond to the Wind Energy issue as part of the overall wind energy response and recommendation, dealt with in Section 5 of this report. The Members should note that the removal of the 2km buffer as included in the October Draft Plan is not possible at this stage. Wind Energy - See Section 5 of this report. White Lands The members will note the previous response to this issue addressed in the Chief Executive’s Report of 18th March 2014. In section 8.26.4 and the Zoning Matrix of the Offaly County Development Plan white lands effectively have been ascribed an agricultural use. In the Offaly County Development Plan, all lands throughout the county that do not have a specific zoning objective, as shown on the settlement maps in Volume 2 of the plan, are considered ‘white lands’. It is acknowledged that there are a number of towns with areas of ‘white lands’ within or close to the built up areas.