The Coastal Planning Authority

1. Report of Coastal Planning Authority

Where a marine application is made under section 291 of the Planning and Development Act 2000  as amended, the coastal  planning authority(s) for the area(s) may, in accordance with section 291(4) of the Act, prepare and submit a report to the Commission within 10 weeks of the making of the application to the Commission. It is anticipated that extensions of time will only be granted in very exceptional circumstances. The report should set out the views of the authority on the effects of the proposed development on the environment, the implications of the proposed development for maritime spatial planning, the likely effects on any European site where relevant and the proper planning and sustainable development of the area of the authority, having regard, in particular, to the matters specified in section 34(2) and in section 282(2) of the 2000 Act. The coastal planning authority is requested to carry out an early examination of the documentation sent to it in order to determine its adequacy for the purposes of the preparation of its report. Any perceived shortcomings should be notified to the Board in writing at an early stage.

Before submitting the report to the Commission in relation to a proposed development, the manager of the coastal planning authority must submit a copy of the report to the members of the authority seeking their views. The members may by resolution, decide to attach recommendations specified in the resolution to the report and where those members so decide those recommendations and the administrator’s record shall be attached to the report submitted. The report should be submitted to the Commission in hard copy or by email to marine@pleanala.ie (See also section 2 in relation to issues which should generally be addressed in the report).

Section 291(5) provides that the Commission may require a coastal planning authority or any planning authority on whose functional area the proposed development is in the opinion of the Commission likely to have a significant effect to furnish the Commission such information as the Commission may specify in relation to the implications of the proposed development for maritime spatial planning; implications for proper planning and sustainable development in the functional area concerned; and, the likely effects of the proposed development on the environment of any European site. If the planning authority is notified of the planning application as a prescribed body it is not necessary to submit a report to the Commission as referred to above.  A submission/observation can be made to the Commission within the time frame as referred to in the public notice.  The planning authority as a prescribed body is not subject to payment of a fee for the making of a submission or observation.

The coastal planning authority is requested to carry out an early examination of the documentation sent to it in order to determine its adequacy for the purposes of the preparation of its report. Any perceived shortcomings should be notified to the Commission in writing at an early stage. Before submitting the report to the Board in relation to a proposed development, the manager of the coastal planning authority must submit a copy of the report to the members of the authority seeking their views.The members may by resolution, decide to attach recommendations specified in the resolution to the report and where those members so decide those recommendations and the administrator’s record shall be attached to the report submitted.

The report should be submitted to the Commission in hard copy or by email to marine@pleanala.ie (See also section 2 in relation to issues which should generally be addressed in the report)

 

2. Issues to be addressed in the Coastal Planning Authority Report

The specific issues to be addressed in the report of the planning authority submitted under section 291(4) of the 2000 Act will vary from report to report depending on the nature of the proposed development and the receiving environment. The following list of topics will give general guidance to planning authorities but may need to be amended to suit a specific report.

• Relevant national, regional and local policies. 
• The relevant provisions of the Marine Planning Policy Statement (MPPS) and National Marine Planning Framework (NMPF). 
• The consistency of the application with the provisions of marine guidelines produced under section 7 of the Maritime Area Planning Act, 2021 and / or section 28 of the Planning and Development Act, 2000 (as amended) including any SPPRs contained within these guidelines. 
• Main relevant Development Plan provisions relating to the nearshore area, the terrestrial site and surrounding area. A clear indication of the current status of the relevant Development Plan and any Draft Plans should be given, together with any relevant issues arising.
• Details of other relevant Plan provisions (e.g. Local Area Plans) and statement regarding status of these Plans (adopted or in draft form).
• Relevant planning history relating to the functional area of the planning authority including the nearshore area.
• The compatibility of the proposed development with the provisions of the Marine Strategy Framework Directive (Directive 2008/56/EU amended by Directive 2017/845) and the implications for land / sea interactions as provided for in the Maritime Spatial Planning Directive (Directive 2014/89/EU). 
• Relevant enforcement information relating to the functional area of the planning authority including the nearshore area.
• Any SAAO which may be affected by the proposed development.
• European designations, Natural Heritage Areas, which may be affected by the proposed development (whether in or proximate to same).
• Protected Structures, ACA’s etc. if applicable.
• Adequacy of the public water supply if applicable.    
• Public sewerage facilities and capacity to facilitate the proposed development if applicable.  
• Availability and capacity of public surface water drainage facilities if applicable.
• Flood risk assessment in accordance with The Planning System and Flood Risk Management – Guidelines for Planning Authorities (November 2009) if applicable
• Assessment under the Water Framework Directive and associated regulations if applicable.
• Hydrological and hydrogeological assessments as relevant to the case.
• Appropriate assessment under the Habitats Directive.
• Comments on the adequacy, methodology adopted, conclusions etc. of the EIAR submitted with the application.
• Assessment of seascape, landscape status and visual impact, as appropriate.
• Carrying capacity and safety of road network serving or impacted by the proposed development.
• Environmental carrying capacity of the subject site and surrounding area, and the likely significant impact arising from the proposed development, if carried out.
• Description of any public use of adjoining, abutting or adjacent lands in the applicants ownership, and the planning authority’s view on any condition which may be appropriate for the purpose of conserving a public amenity on those lands.
• Planning authority view in relation to the decision to be made by the Commission.
• Planning authority view on conditions which should be attached in the event of the Board deciding to grant permission. (Note where an Integrated Pollution Control, Industrial Emissions  or Waste licence is required, the Commission cannot impose conditions relating to the control of emissions from the activity for which a license is required).
• Planning authority view on community gain conditions which may be appropriate.
• Details of any special contribution conditions which should be attached in the event of a grant along with detailed calculations and justification for the conditions.
• Any other matters relating to the effects on the environment, where relevant the objectives of maritime spatial planning, the proper planning and sustainable development of the area or the effects on European site(s) that the planning authority may consider to be relevant to the case.