Notice of Draft Ministerial Direction in the Matter of Section 31 of the Planning and Development Act 2000 (as amended) on the Cork City Development Plan 2022
Notice of Draft Ministerial Direction in the Matter of Section 31 of the Planning and Development Act 2000 (as amended) on the Cork City Development Plan 2022
Notice of Draft Ministerial Direction in the Matter of Section 31 of the Planning and Development Act 2000 (as amended) on the Cork City Development Plan 2022
On 5th August, 2022, the Minister for Housing, Local Government and Heritage notified Cork City Council of his intention to issue a Direction pursuant to Section 31 of the Planning and Development Act 2000 (as amended) in relation to a number of matters in the adopted Cork City Development Plan 2022.
The Planning Authority has been directed to take the following steps:
Insert the following objective in Chapter 7 of the Plan:
To complete the preparation of a Joint Retail Strategy with Cork County Council which will jointly determine the scope for retail development generally, and for retail outlet centre development specifically, within the Cork metropolitan area within 12 months of the adoption of both City and County Development Plans and to adopt the Joint Retail Strategy into the Cork City Development Plan by way of a variation.
Reinstate the following zoning objectives to that of the draft Plan:
(i) MA no. 2.62 i.e. the subject land reverts to ZO 18 Landscape Preservation Zones from ZO 2 New Residential Neighbourhoods.
(ii) MA no. 2.60 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods.
(iii) MA no. 2.78 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods.
(iv) MA no. 2.61 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods except in respect of the lands to be developed for housing under Cork City Council planning reference 2140600.
(v) MA no. 2.69 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods.
(vi) MA no. 2.99 with respect of “Ringwood” (south of M20) i.e. the remaining residential land reverts from ZO 2 New Residential Neighbourhoods to Z0 21 City Hinterland & Longer Term Strategic Development Lands.
(vii) MA no. 2.26 i.e. the subject land reverts to ZO 13 Education from Z0 5 Mixed Use Development.
Delete ZO 02 New Residential Neighbourhood zoning in Carrigrohane.
Figure 1: Sites identified in the Draft Ministerial Direction issued to Cork City. (Please refer to Direction Particulars document for more information).
The Reasons stated for the Draft Direction are that:
Pursuant to section 31(1)(b), section 31(1)(ba)(i) and section 31(1)(c)
The Cork City Development Plan 2022-2028 as made fails to implement policy objectives of the Southern Regional Spatial and Economic Strategy, specifically RPO 55c which states that it is an objective to “Prepare Retail Strategies in accordancewith the Retail Planning Guidelines including Joint Retail Strategies whereapplicable”, and the Cork MASP Policy Objective 16, and as such have regard to Ministerial Guidelines issued under Section 28 of the Act, specifically the requirement under the Retail Planning Guidelines for Planning Authorities (2012) that future retail development should be plan-led, that the development plan, specifically in relation to retailing, must be evidence-based, and that the Cork City Development Plan must be informed by a Joint Retail Strategy prepared with Cork County Council.
The Development Plan as made has not been informed by an up to date Joint Retail Strategy. It contains specific policy and objectives which are not informed or underpinned by the necessary strategic work (contrary to Section 11(1A), which requires the preparation of a development plan to be “strategic in nature for the purposes of developing” (a) the policies and objectives to deliver an overall strategy and (b) the core strategy) and retail strategy, and it therefore fails to set out an overall strategy for the proper planning and sustainable development of the area, a key element of which is a strategy for the proper planning and sustainable development of retail development.
In this regard, there has been a breach of the requirement in Section 10(2A)(e) that the Core Strategy must “provide relevant information to show that, in setting out objectives regarding retail development contained in the development plan, the planning authority has had regard to any guidelines that relate to retail development issued by the Minister under section 28”.
II. Pursuant to section 31(1)(b) and section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan as made includes material amendments to the draft Plan (contrary to the evaluation of the Strategic Environmental Assessment), and which individually and cumulatively are not consistent with the Core Strategy, national and regional planning policy, and the proper planning and sustainable development of the area, including:
Land zoned for residential development located in peripheral locations remote from the existing settlement, inconsistent with the requirements for compact growth in NPO 3c, RPO 35 and RPO 151, and fails to have regard to the sequential approach to development in 6.2.3 of Development Plans Guidelines for Planning Authorities (2022).
Land zoned for residential development in excess of that needed to meet the Core Strategy housing supply targets for Cork City in the adopted Plan, and which would further undermine the achievement of the brownfield development targets in the Core Strategy Table.
Land zoned for residential development are in a flood risk area. This is inconsistent with NPO 57 and Section 28 The Planning System and Flood Risk Management, Guidelines for Planning Authorities (2009).
The development plan as made therefore fails to set out an overall strategy for the proper planning and sustainable development of the area.
Pursuant to section 31(1)(ba)(i)
The Development Plan as made includes a material amendment (contrary to the evaluation of the Strategic Environmental Assessment), to change an Education zoned site to Mixed Use in the Cork Docklands, an area designated as a key enabler for Cork City, inconsistent with NSO 10 and NPO 31 which promote strategic planning of and investment in the provision of education to reinforce the delivery of sustainable communities and; the provisions of RPO 185 to support a planned approach to location of school facilities such that both proposed locations and existing schools are accessible by public transport and active travel modes, and
Pursuant to section 31(1)(a)(i)(II)
The Development Plan has not been made in a manner consistent with and has failed to implement the recommendations of the Office of the Planning Regulator under Section 31 AM.
The Public Consultation Period relating to the draft Ministerial Direction runs from Friday 19th August 2022 for two weeks up to Friday 2nd September 2022.
forumHave your say
Cork City Council invites everyone (including young people or groups and organizations representing the views of young people) to make a submission or observation on the draft Ministerial Direction. Have your say and follow the links below.
City Council is subject to the requirements of the Freedom of Information Act, 2014, the Data Protection Act, 2018 and to the General Data Protection Regulations GDPR).
In order to assist us in complying with Data Protection and GDPR, if making a submission by post or by email, please include your name and contact details (and where relevant, details of any organisation, community group or company etc., which you represent), on a separate sheet to the content of your submission/ observation.
We look forward to hearing your views on the Section 31 Ministerial Direction to the Draft Cork City Development Plan 2022-2028.
Notice of Draft Ministerial Direction in the Matter of Section 31 of the Planning and Development Act 2000 (as amended) on the Cork City Development Plan 2022
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Notice of Draft Ministerial Direction in the Matter of Section 31 of the Planning and Development Act 2000 (as amended) on the Cork City Development Plan 2022
On 5th August, 2022, the Minister for Housing, Local Government and Heritage notified Cork City Council of his intention to issue a Direction pursuant to Section 31 of the Planning and Development Act 2000 (as amended) in relation to a number of matters in the adopted Cork City Development Plan 2022.
The Planning Authority has been directed to take the following steps:
To complete the preparation of a Joint Retail Strategy with Cork County Council which will jointly determine the scope for retail development generally, and for retail outlet centre development specifically, within the Cork metropolitan area within 12 months of the adoption of both City and County Development Plans and to adopt the Joint Retail Strategy into the Cork City Development Plan by way of a variation.
(i) MA no. 2.62 i.e. the subject land reverts to ZO 18 Landscape Preservation Zones from ZO 2 New Residential Neighbourhoods.
(ii) MA no. 2.60 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods.
(iii) MA no. 2.78 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods.
(iv) MA no. 2.61 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods except in respect of the lands to be developed for housing under Cork City Council planning reference 2140600.
(v) MA no. 2.69 i.e. the subject land reverts to ZO 21 City Hinterland from ZO 2 New Residential Neighbourhoods.
(vi) MA no. 2.99 with respect of “Ringwood” (south of M20) i.e. the remaining residential land reverts from ZO 2 New Residential Neighbourhoods to Z0 21 City Hinterland & Longer Term Strategic Development Lands.
(vii) MA no. 2.26 i.e. the subject land reverts to ZO 13 Education from Z0 5 Mixed Use Development.
Figure 1: Sites identified in the Draft Ministerial Direction issued to Cork City. (Please refer to Direction Particulars document for more information).
The Reasons stated for the Draft Direction are that:
The Cork City Development Plan 2022-2028 as made fails to implement policy objectives of the Southern Regional Spatial and Economic Strategy, specifically RPO 55c which states that it is an objective to “Prepare Retail Strategies in accordance with the Retail Planning Guidelines including Joint Retail Strategies where applicable”, and the Cork MASP Policy Objective 16, and as such have regard to Ministerial Guidelines issued under Section 28 of the Act, specifically the requirement under the Retail Planning Guidelines for Planning Authorities (2012) that future retail development should be plan-led, that the development plan, specifically in relation to retailing, must be evidence-based, and that the Cork City Development Plan must be informed by a Joint Retail Strategy prepared with Cork County Council.
The Development Plan as made has not been informed by an up to date Joint Retail Strategy. It contains specific policy and objectives which are not informed or underpinned by the necessary strategic work (contrary to Section 11(1A), which requires the preparation of a development plan to be “strategic in nature for the purposes of developing” (a) the policies and objectives to deliver an overall strategy and (b) the core strategy) and retail strategy, and it therefore fails to set out an overall strategy for the proper planning and sustainable development of the area, a key element of which is a strategy for the proper planning and sustainable development of retail development.
In this regard, there has been a breach of the requirement in Section 10(2A)(e) that the Core Strategy must “provide relevant information to show that, in setting out objectives regarding retail development contained in the development plan, the planning authority has had regard to any guidelines that relate to retail development issued by the Minister under section 28”.
II. Pursuant to section 31(1)(b) and section 31(1)(ba)(i) and section 31(1)(c)
The Development Plan as made includes material amendments to the draft Plan (contrary to the evaluation of the Strategic Environmental Assessment), and which individually and cumulatively are not consistent with the Core Strategy, national and regional planning policy, and the proper planning and sustainable development of the area, including:
The development plan as made therefore fails to set out an overall strategy for the proper planning and sustainable development of the area.
The Development Plan as made includes a material amendment (contrary to the evaluation of the Strategic Environmental Assessment), to change an Education zoned site to Mixed Use in the Cork Docklands, an area designated as a key enabler for Cork City, inconsistent with NSO 10 and NPO 31 which promote strategic planning of and investment in the provision of education to reinforce the delivery of sustainable communities and; the provisions of RPO 185 to support a planned approach to location of school facilities such that both proposed locations and existing schools are accessible by public transport and active travel modes, and
The Development Plan has not been made in a manner consistent with and has failed to implement the recommendations of the Office of the Planning Regulator under Section 31 AM.
The Public Consultation Period relating to the draft Ministerial Direction runs from Friday 19th August 2022 for two weeks up to Friday 2nd September 2022.
forumHave your say
Cork City Council invites everyone (including young people or groups and organizations representing the views of young people) to make a submission or observation on the draft Ministerial Direction. Have your say and follow the links below.
Development Plan Submissions, Strategic and Economic Development, City Hall, Anglesea Street, Cork, T12 T997
Should you have any queries please email us on: citydevplan@corkcity.ie
City Council is subject to the requirements of the Freedom of Information Act, 2014, the Data Protection Act, 2018 and to the General Data Protection Regulations GDPR).
Cork City Council’s GDPR policy and Privacy Policy is available on our website at https://www.corkcity.ie/en/council-services/public-info/gdpr/ or hardcopy from our offices at City Hall, Anglesea Street, Cork.
In order to assist us in complying with Data Protection and GDPR, if making a submission by post or by email, please include your name and contact details (and where relevant, details of any organisation, community group or company etc., which you represent), on a separate sheet to the content of your submission/ observation.
We look forward to hearing your views on the Section 31 Ministerial Direction to the Draft Cork City Development Plan 2022-2028.
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