The formal procedure for the preparation and making of the County Development Plan is set out in Sections 11 and 12 of the Planning and Development Act 2000 - 2006.
The legislation referred to above can be viewed at the Irish Statute Book website http://www.irishstatutebook.ie
The review of the existing County Development Plan and preparation of the new Plan takes place in accordance with Sections 11 and 12 of the Planning and Development Act 2000 - 2006, and could be considered in a number of different stages:
- Pre Draft Plan
- Draft Plan
- Amendments to Draft Plan
- Made Plan
3.1 Pre-Draft Plan
On 6th April 2007 Leitrim County Council gave notice of its intention to review its existing development plan 2003 – 2009 and to prepare a new development plan. Submissions in respect to the review and the making of the new plan are invited over the period from 6th April 2007 to 31st May 2007. Consultation will occur with the general public and other interested and relevant bodies during this period.
Not later than 16 weeks after giving notice of the Council's intentions, a report will be prepared by the County Manager on valid submissions and observations received, and on any matters arising from the above consultations. This report, called a Manager's Report, will contain; a list of the persons who made submissions or observations and who were consulted, a summary of issues raised, the opinion of the Manager on the issues 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 an Minister of the Government, and a recommendation on the policies to be contained in the draft plan.
The Manager’s Report will be submitted to the Elected Members, who consider it, and within 10 weeks issue directions to the Manager regarding the preparation of the draft development plan. In issuing directions the Members shall be restricted to considering the proper planning and sustainable development of the area to which the development plan relates.
Within 12 weeks of receipt of any directions from Members, the Manager prepares and submits a draft development plan to Elected Members for their consideration. During a period of 8 weeks, the Members consider the draft development plan and at the end of this period make the draft development plan, with or without amendments.
3.2 Draft Plan
Within 2 weeks, Leitrim County Council will publish notice of the making of the draft development plan, make it available for inspection and refer it to relevant bodies. Submissions with respect to the draft development plan will be invited over a period of not less than 10 weeks.
Where the draft includes any provision relating to any addition to or deletion from the record of protected structures, the Leitrim County Council will serve on each person who is the owner or occupier of the proposed protected structure or the protected structure, as the case may be, a notice of the proposed addition or deletion, including the particulars.
Not more than 22 weeks after giving notice of the making of the draft development plan, a Manager's Report will be prepared on valid submissions and observations received. This will list the persons who made the submissions, give a summary of the issues raised, taking into account any directions of the Members and other relevant, and give the response of the Manager. The Manager's Report will be submitted to Elected Members for their consideration.
Elected Members will consider the report within 12 weeks and at the end of the period may accept or amend the draft. In the event that the draft is accepted, the development plan is considered made, and will take effect 4 weeks from that date.
3.3 Amendments to Draft Plan
If Elected Members resolve to make alterations to the draft plan that are considered to be material alterations, Leitrim County Council will publish notice of this not later than 3 weeks after the passing of the resolution. The amendments will be made available for inspection and submissions on the amendment will be invited, over a period of not less than 4 weeks.
Not later than 8 weeks after publishing notice of the proposed amendments, a Manager's Report will be prepared on valid submissions and observations received. This will list the persons who made the submissions, give a summary of the issues raised, and give the response of the Manager. The Manager's Report will be submitted to the Elected Members.
Elected Members will consider the Managers Report over a period of not more than 6 weeks and will, by resolution make the plan, with or without the proposed amendment.
If Elected Members fail to agree and therefore fail to make the development plan within 2 years of giving notice of the intention to review the existing plan and make a new plan, the Manager will make the plan subject to the proviso that so much of the plan that has been agreed by the Elected Members will be included as part of the plan as made by the manager.
3.4 Made Plan When the development plan has been made, Leitrim County Council will publish notice of its making and will make the plan available for inspection, and send copies of the plan to relevant authorities.
The development plan will take effect 4 weeks from the day that it is made. Whereas every effort has been made to ensure that the above information is correct it should not be relied on as a strict legal interpretation of the Planning and Development Act 2000 – 2006.