Plan Process/Documents

The Plan making process explained

What is the Development Plan?
The Development Plan is the main public statement of planning policies for the local community and is a blueprint for the future development of the county. It affects many facets of daily economic and social life – setting out a vision of how the county will grow in a proper, planned and sustainable manner over the next six years. It sets out, among other things, the land use, amenity and development objectives of the planning authority for a 6 year period.

What does the County Development Plan cover?
Everything from population growth and projected amount of land needed to house that population growth, to employment and economic development, parks and playgrounds, transport, water & wastewater infrastructure, tourism, natural resources, community development, telecommunications, culture, environment, rights of way and a retail strategy. Almost everything of note that happens in the county is covered by the County Development Plan.

How does the Plan affect me?
If you live in Kerry or visit the county, the County Development Plan impacts on you. Where you live or where you or your family hope to live into the future. How you travel to work or school, the amenities available in your community, whether libraries, beaches, parks, playgrounds or walking trails. The quality of the environment surrounding you, the development of towns and villages around the county, promotion of industry and employment, protection and promotion of our culture and where you go to shop.

Who Makes the Plan?
The making, reviewing and varying of the plan is a function reserved for the Elected Members (i.e. councilors) of the planning authority. It is their duty to adopt the plan with the technical help of their officials (the Chief Executive, Planners, Engineers etc.), and following extensive public consultation.

How is the plan made? – Summary of Plan making process
The planning authority officials prepare a draft plan, based on a detailed survey and analysis of the area and on submissions from the public and from public and local bodies. Following approval of this by the Elected Members (by majority vote) it is put on public display for at least 10 weeks. Any person may comment on this draft. All comments are taken into consideration by the Elected Members, who may change the draft plan based on the Chief Executive’s report or their own views. If the draft is materially altered (i.e. significantly changed), the amendments go on further public display for at least 4 weeks, during which time fresh public comment may be made on these changes. Following consideration of any new comments, the plan is formally adopted by the Elected Members and becomes the official development plan for the area.

Does the Plan affect planning applications?
All planning applications are measured against the Development Plan to assess their conformity with the Plan’s objectives and development permitted must normally be in accordance with the Plan.

Stages in the plan making process
In making the Development Plan the Elected Members are restricted to considering the proper planning and sustainable development of the area to which the Development Plan relates, the statutory obligations of any local authority in the area and any relevant policies or objectives of the Government or any Minister of the Government.

Stage One
In March 2013, a review of the Kerry Count Development Plan 2009-2015 preparation process started, looking back at what was achieved during the course of that plan, and how that will feed into the new plan. An Issues Document was sent out, asking the public to get involved at the early stages of the new plan, to make them aware of the issues that need to be considered in the Plan, to promote discussion and make people more aware that a plan was being prepared. A number of public information events were held and 56 submissions were received from the public at this stage. These submissions were considered when preparing the first draft of the plan, which was put before the Elected Members in September 2013. The Elected Members considered the initial draft over the course of three meetings, and reached agreement on the final Draft Plan and passed a resolution to make it the formal draft plan. Three Environmental Assessments were carried out during the preparation of the draft plan and consist of a Strategic Environmental Assessment Report setting out the likely significant effects of implementing the Draft Plan on the environment, a Habitats Directive Assessment Natura Impact Report which assesses the potential for impact on Natura 2000 sites (sites designated by Europe for conservation), and a Strategic Flood Risk Assessment Report. These reports are contained in Volume 4

Stage Two
The Draft Development Plan went on public display for a period of 10 no. weeks from Friday 24th January 2014 to Monday 7th April 2014. A number of Open Days and workshops were also held to facilitate members of the public
In all, 327 no. submissions were received during the public consultation period. Each submission was read, categorised and summarised in the Chief Executives Report together with the Chief Executives Response and Recommendation(s).
The Chief Executives Report was considered by the Elected Members at their meetings held on 28th July 2014, 1st September 2014 and 11th September 2014. The Elected Members of Kerry County Council resolved to amend the Draft Plan in accordance with Section 12 of the Planning and Development Act 2000-2014.
As the Draft Plan was materially altered the Proposed Amendments/Material Alterations went on Public Display from the 22nd October until the 21st November, 2014.

Stage Three
The Amendments/Material Alterations made to the Draft Plan by the Elected Members together with the Addenda to the Environmental Assessments Reports on the proposed changes were on public display from the 22nd October until the 21st November, 2014.
In all, 422 no. submissions were received during the public consultation period. Each submission was read, categorised and summarised in the Chief Executives Report on the Proposed Amendments/Material Alterations together with the Chief Executives Response and Recommendation(s).
The Chief Executives Report on the Proposed Amendments/Material Alterations was considered by the Elected Members at their meeting held on 12th January 2015.
Having considered the Chief Executives Report, the Elected Members made the Plan in accordance with Section 12 (10) of Planning and Development Act, 2000 – 2014.
Kerry County Development Plan 2015-2021 was adopted by the Elected Members of Kerry County Council on 16th February 2015 and is effective since 16th March 2015.

Stage Four
The Development Plan comes into force 4 weeks after the date of adoption and will remain in place for 6 years. During this period the objectives and policies of the plan will be used to assess planning applications, to protect the built and natural environment, to inform the location and development of infrastructure including community facilities. etc.

Record of Protected Structures (RPS).
Development Plans are required to include A Record of Protected Structures (RPS). This list is comprised of all structures, or part of structures, which in the opinion of the planning authority, are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest within the county. These are listed in Volume 2 of the Plan.

Public Rights of Way
The Planning and Development (Amendment) Act 2010 requires that the Development Plans include a list and maps of public rights of way to seashore, mountain, lakeshore, riverbank and other place of natural beauty or recreational utility. It is intended that this will preserve Rights of Way for recreational purposes for current and future generations. The Public Rights of Way are listed and mapped in Volume 2. It is important to note that this is not an exhaustive list and the omission of a Right of Way from this list shall not be taken as an indication that such a right of way does not exist. The Council intends to continue to identify existing Public Rights of Way during the life time of this Plan.

All the documents from the different stage of the plan making process are listed below. If you require a document please contact the Planning Policy Unit.

Documents from Stage One (Pre- Draft)
• Section 11 Public Notice
• Section 11 Public consultation Document, “Issues Paper”
• Open Day Posters
• Section 11 Managers Report

Documents from Stage Two (Draft Plan)
• Section 12(1)(b) Public Notice
• Volume 1: Written Statement
• Volume 2: Record of Archaeological Monuments & Protected Structures, Public Rights of Way
• Volume 3: Maps
• Volume 4: Environmental Reports
• Volume 5: Housing Strategy
• Draft CDP Information Leaflet
• Draft CDP Information Advert
• Protected Structures Details
• Chief Executives Report on draft submissions, June 2014

Documents from Stage Three
• Volume 1: Written Statement to the Draft Kerry County Development Plan 2015-2021
• Proposed Amendments/Material Alterations Report to the Draft Kerry County Development Plan 2015-2021
• Strategic Environmental Assessment Environmental Report Addendum
• Habitats Directive Assessment/Natura Impact Report Addendum
• Strategic Flood Risk Assessment Report Addendum
• Strategic Environmental Assessment/Appropriate Assessment Determination in accordance with Section 12 (7) (aa) of the Planning and Development Acts 2000 – 2014
• Public Notices in accordance with Section 12(7) [22nd Oct, 2014]
• Chief Executive’s Report on Submissions Received in relation to the Proposed Amendments /Material Alterations to the Draft Kerry County Development Plan 2015-2021Public
• Public Rights of Way
• Record of Protected Structures

Documents from Stage Four (Adopted Plan)
• Volume 1: Written Statement
• Volume 2: Record of Archaeological Monuments & Protected Structures, Public Rights of Way
• Volume 3: Maps
• Volume 4: Environmental Reports
• Volume 5: Housing Strategy
• Appropriate Assessment Determination in accordance with Section 12 (7) (aa) of the Planning and Development Acts 2000 – 2014