Appendices
Appendix 1: Section 28 Guidelines Compliance
Statement Outlining Compliance with Section 28 Guidelines
Pursuant to Section 28 of the Planning and Development Act 2000 (as amended), Limerick City and County Council is required to append a statement to the Limerick Development Plan 2022-2028 to include information which demonstrates the following:
(i) How the Planning Authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the Development Plan, or
(ii) If applicable, that the Planning Authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines when considering the application of those policies in the area or part of the area of the development plan, and shall give reasons for the forming of the opinion and why policies and objectives of the Minister have not been so implemented.
The following table demonstrates how the applicable Ministerial Planning Guidelines issued under Section 28 of the Act, are implemented in the Draft Limerick Development Plan 2022-2028 and also lists other important national design and planning guidance documents.
Table A1: Ministerial Planning Guidelines issued under S28 of the Planning and Development Act 2000 as amended, showing where compliance with in Draft Limerick Development Plan 2022-2028
|
National Guidelines (in italics where not S28) |
Draft Limerick Development Plan 2022-2028 |
|
Appropriate Assessment of Plans and Projects in Ireland: Guidance for Planning Authorities (2009)
|
This guidance informs the preparation of this Plan at all stages. A Natura Impact Assessment will accompany this Plan – Volume 4 |
|
Implementation of Strategic Environmental Assessment (SEA) Directive (2001/42/EC): Assessment of the Effects of Certain Plans and Programmes on the Environment: Guidelines for Regional Authorities and Planning Authorities (2004)
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This guidance informs the preparation of this Plan at all stages. A Strategic Environmental Assessment will accompany this Plan – Volume 4
|
|
Guidelines for Planning Authorities and An Bord Pleanala on carrying out Environmental Impact Assessment (2018)
|
Referred to in Chapter 11: Development Management |
|
Development Plans- Guidelines for Planning Authorities (2007)
|
Development prepared to align with Development Plan Guidelines – All Chapters |
|
Local Area Plans-Guidelines for Planning Authorities (2013) |
Ensuring Local Area Plans are used where appropriate – will be carried out as appropriate |
Table A2: Other sources of planning guidance, showing where compliance with in Draft Limerick Development Plan 2022-2028
|
National Guidelines (in italics where not S28)
|
Draft Development Plan 2022-2028 |
|
Development Management-Planning Guidelines for Planning Authorities (2007) |
Chapter 11: Development Management prepared in light of relevant guidelines |
|
Development Contributions-Guidelines for Planning Authorities (2013) |
Chapter 13: Implementation |
|
Housing Supply Target Methodology for Development Planning (2020) |
The methodology was applied to housing forecasts in the Plan period. Chapter 2: Core Strategy and Chapter 3: Settlement and Housing Strategy |
|
Part V of the Planning and Dev Act 2000 Guidelines, 2017 |
Chapter 11: Development Management and informing Chapter 3: Settlement and Housing Strategy |
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Sustainable Residential Development in Urban Areas-Guidelines for Planning Authorities (2009) and Best Practice Urban Design Manual (companion document)
|
Chapter 11: Development Management and informed the preparation of Chapter 3: Settlement and Housing Strategies.
|
|
Sustainable Rural Housing- Guidelines for Planning Authorities (2005) |
Chapter 3: Settlement and Housing Strategy and Chapter11: Development Management in respect of Rural Housing |
|
Sustainable Urban Design Standards for new apartments (2015,updated 2018) |
Chapter 11: Development Management |
|
Design Manual for Urban Roads and Streets (2013, as updated in 2019) |
Chapter 11: Development Management and Chapter 6: Sustainable Mobility and Transport. |
|
Urban Development and Building Heights- Guidance for Planning Authorities (2018) |
Chapter 11: Development Management |
|
Retail Planning Guidelines (2012) |
Chapter 4: A Strong Economy
|
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Quarries and Ancillary Activities-Guidelines for Planning Authorities (2004)
|
Chapter 4: A Strong Economy |
|
Landscape and Landscape Assessment (2000) Draft only
|
Chapter 5: Environment, Heritage, Landscape and Green Infrastructure |
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Architectural Heritage Protection-Guidelines for Planning Authorities (2004 and 2011) S52 of Pl and Dev Act 2000, incorporating ‘AHPG for Places of public worship’ (2003 and 2007) |
Chapter 5: Environment, Heritage, Landscape and Green Infrastructure |
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Spatial Planning and National Roads guidelines-Guidelines for Planning Authorities (2012)
|
Chapter 6: Sustainable Mobility and Transport |
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Telecommunications Antennae and Support Structures (1996) |
Chapter 7: Infrastructure |
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Flood Risk Management Guidelines for Planning Authorities (2009) |
Chapter 8: Climate Action, Flooding and Transition to a Low Carbon Economy Strategic Flood Risk Assessment
|
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Wind Energy Development Guidelines (2006)
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Chapter 8: Climate Action, Flooding and Transition to a Low Carbon Economy. Also Chapter 7 Infrastructure (in relation to Energy and Electricity generation and networks) |
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Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate change (2017) |
Chapter 8: Climate Action, Flooding and Transition to a Low Carbon Economy. |
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Provision of schools and the planning system- A code of practice for Planning Authorities (2008) |
Chapter 9: Sustainable Communities and Social Infrastructure |
|
Childcare Facilities Guidelines (2001) |
Chapter 9: Sustainable Communities and Social Infrastructure |