IX: Section 28 Statement
1.0 Statement Demonstrating Compliance with Section 28 Guidelines and SPPR’s
Under Section 28 of the Planning and Development Act 2000(as amended) the Council is required to append a statement to the Development Plan to include information which demonstrates:
(a) How the planning authority has implemented the relevant policies and objectives of the Minister contained in the Guidelines when considering their application to the area or part of the area of the draft development plan and the development plan,
(b) 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 draft development plan or the development plan and shall give reasons for the forming of the opinion and why the relevant policies and objectives of the Minister have not been so implemented.
In addition, Section 28(1C) of the Act includes a provision that Guidelines made under Section 28(1) may contain specific planning policy requirements (SPPRs) with which planning authorities, regional assemblies and the board shall, in the performance of their functions comply.
Tables 1- 2 provides the requisite information as to how this Draft Development Plan has fully implemented all relevant Section 28 Guidelines and has complied with all relevant special planning policy recommendations.