Appendix 2: Statement of Compliance with Ministerial Guidlelines

A Guide of Planning Enforcement in Ireland (2012)

Guidelines for planning authorities on planning enforcement system. These guidelines are not relevant to the preparation of the Development Plan but rather planning enforcement.

Appropriate Assessment of Plans and Projects in Ireland – Guidance for Planning Authorities (2009)

The preparation of the Plan has had regard to this Guidance document. The likely impacts to the integrity of European sites that could arise from measures proposed in the Plan have been fully examined through the AA process. Robust and effective mitigation measures have been integrated into the plan to ensure that it will not have a significant adverse effect on the integrity of European sites either alone or in combination with other plans and projects. A Natura Impact Assessment will accompany this Plan in Volume 3.

Architectural Heritage Protection Guidelines for Planning Authorities (2004 and Revised 2011)

Chapter 8, Built Heritage, Placemaking and Urban Design sets out measures to protect the architectural heritage of the city and takes account of these guidelines.

Architectural Heritage Protection for Places of Public Worship Circular Letter 7/03

Chapter 8, Built Heritage, Placemaking and Urban Design sets out Council’s policy on protecting the City’s architectural heritage.

Best Practice Urban Design Manual (2009) Parts 1 & 2

Chapter 4, Sustainable Mobility and Transportation and Chapter 11, Land Use Zoning Objectives and Development Standards and Guidelines address urban design issues and detailed standards for development.

Childcare Facilities Guidelines for Planning Authorities DOELG (2001) and Ministerial Circular letter (PL 3/2016 Dept. of Environment Community and Local Government)

Chapter 7, Community and Culture sets out Council’s policies regarding childcare facilities and takes account of these guidelines.  Specific development management standards for childcare facilities are outlined under Chapter 11 (b), Section 11.13.

Design Manual for Urban Roads and Streets (DMURS), (2013 and as updated in 2019)

Chapter 4, Sustainable Mobility and Transportation Chapter and Chapter 11(b): Development Standards and Guidelines.

Design Standards for New Apartments (2007), (2015) and updated most recently in (2020)

Chapter 3, Housing and Sustainable Neighbourhoods sets out Council’s policies on apartments and Chapter 11, Section 11.3 Residential Development take account of these standards.

Development Contributions: Guidelines for Planning Authorities DECLG (2013)

A new Development Contribution Scheme was prepared and took effect on May 1st, 2021 and will be in place until 31st December 2026, unless a new scheme is adopted beforehand. (This may be extended after 31st December 2026). This Contribution Scheme is in compliance with these guidelines.

Development Management Planning Guidelines for Planning Authorities DEHLG (2007)

Development management applications will be assessed and determined under the policies, objectives and development standards of the Development Plan and these guidelines will be complied with when assessing applications.

Development Plan Guidelines (2007) and Draft Guidelines for Planning Authorities (2021) & Circular Letter NRUP 04/2021 on the Draft Guidelines

This draft Development Plan has been prepared in accordance with Sections 11 and 12 of the Planning and Development Act, 2000 (as amended) and in accordance with the Development Plan Guidelines and has had regard to the Draft Guidelines.

Draft Guidance for Planning Authorities on Drainage and Reclamation of Wetlands (2011)

Guidance is provided in relation to deciding whether drainage and reclamation of wetlands, despite being below the threshold for permission or for mandatory EIA, could have significant effects on the environment and therefore would require a planning application and/or EIA. These Guidelines are not relevant to the preparation process of the Development Plan.

Flood Risk Management Guidelines for Planning Authorities (2009)

Chapter 2, Climate Action and Chapter 9, Environment and Infrastructure set out the policies on Flooding and Transition to a Low Carbon Economy.

Funfair Guidance

These Guidelines relate to the licensing and requirements for funfairs and are therefore not relevant to the preparation process of the Development Plan.

Government Policy Statement on Transmission and Other Energy Infrastructure

Chapter 9, Environment and Infrastructure sets out the policies on energy and associated infrastructure.

Guidance Note on Core Strategies (2010)

These Guidelines for Planning Authorities relate to the evidence-based rationale and contents of Core Strategies. Chapter 1 outlines the Core Strategy of this Plan and provides a high-level description of the key statistics and priorities underpinning the Plan and articulates a medium to longer term quantitatively based strategy for the spatial development of the city.

Guidelines for Planning Authorities & An Bord Pleanála on carrying out Environmental Impact Assessments (2018)

Guidelines for Planning Authorities and An Bord Pleanála on procedural and technical issues arising from the requirement to carry out an environmental impact assessment (EIA). These guidelines are not relevant to the preparation of the Development Plan but rather for development management and assessment of projects.

Housing Supply Target Methodology for Development Planning DHLGH (2020)

The methodology was applied to housing forecasts in the Plan period as set out in Chapter 2, Core Strategy and Chapter 3, Housing and Sustainable Neighbourhoods and in the Housing Strategy and Housing Need and Demand Assessment.

Implementing Regional Planning Guidelines - Best Practice Guidelines (2010)

The Core Strategy of this Draft Plan and is consistent with the Northern and Western Regional Spatial and Economic Strategy (RSES) 2020 - 2032.

New EPA Code of Practice for Domestic Waste Water Treatment Systems (Population Equivalent ≤ 10) DHLGH (2021) & Circular NRUP 01/2021 Re: Updated Code of Practice

Specific reference EPA Code of Practice on Wastewater Treatment and Disposal Systems serving Single Houses (2021) in Chapter 11(b) Standards and Guidelines in Section 11.12 Agricultural Areas.

Interim Guidelines for Planning Authorities on Statutory Plans, Renewable Energy and Climate Change DHPCLG (2017)

Chapter 2, Climate Action and Chapter 9, Environment and Infrastructure deal with flooding and a transition to a low carbon economy.

Landscape and Landscape Assessment Guidelines

Chapter 5, Natural Heritage, Recreation and Amenity addresses landscape issues and features of the city’s landscape. 

Local Area Plan Guidelines for Planning Authorities and Local Area Plans Manual (2013)

These Guidelines will be adhered to in the preparation of Local Area Plans that will be prepared within the strategic framework of this Development Plan.

Part V of the Planning and Development Act, 2000, Housing Supply, Guidelines for Planning Authorities (2000)

Chapter 3, Housing and Sustainable Neighbourhoods takes account of these guidelines.  Details regarding the Council’s Housing Strategy are included in supporting documents.

Planning and Development (Amendment) Act  2010 (Circular PPL 1/2010)

Amended a number of different sections of the Planning and Development Act 2000 , introduced the requirement of evidence based core strategies for Development Plans and clarified in planning legislation the obligation of planning authorities  under Birds and Habitats Directive.  The Development Plan complies with this legislation.

Provision of schools and the planning system – A Code of Practice for Planning Authorities (2008)

Chapter 7, Community and Culture sets out the Council’s policies regarding schools and takes account of these guidelines.

Quarries and Ancillary Activities Guidelines for Planning Authorities (2004)

Chapter 11, Section 11.28 Extractive Industries/Quarries address quarries and ancillary activities and make specific reference to these guidelines.

Retail Planning Guidelines and Retail Design Manual (2012)

Chapter 6, Economy, Enterprise and Retail sets out Council’s policies on retail and takes account of these guidelines. Galway City and County Councils will prepare a Joint Retail Strategy in compliance with the Retail Planning Guidelines during the period of this Plan. Chapter 11(b) sets out retail and commercial development standards and guidelines in accordance with this Design Manual.

Regulation of Commercial Institutional Investment in Housing- Guidelines for Planning Authorities DHLGH (2021)

Consideration will be given in the Housing Strategy and will be implemented in development management through the use of conditions.

Rural Housing Policies and Local Need Criteria in Development Plan Circular Letter SP/5/08

Chapter 5, Natural Heritage, Recreation and Amenity, Section 5.9 Agricultural Lands and Chapter 11 (b), Section 11.12 Agricultural Areas addresses residential development on agricultural lands zoned A in the city.

Section 261A of Planning & Development Act 2000 -Guidelines (January 2012) and Section 261A of Planning and Development Act, 2000 Supplementary Guidelines (July 2012)

These guidelines refer to legislative provisions in relation to quarries and are not relevant with regard to the preparation of the Development Plan. Chapter 11, Section 11.28 Extractive Industries/Quarries address quarries and ancillary activities and make specific reference to these guidelines.

Spatial Planning and National Roads Guidelines for Planning Authorities DECLG (2012)

Chapter 4, Sustainable Mobility and Transportation sets out Council’s policies in relation to the national road network.

Strategic Environmental Assessment (SEA) Directive: Guidelines for Regional Authorities and Planning Authorities DEHLG (2004)

Strategic Environmental Assessment (SEA) is the process by which environmental considerations are required to be fully integrated into the preparation and adoption of plans and programmes. The results of the SEA process were fully considered and integrated into the preparation and making of the City Development Plan and are outlined in the SEA Statement of this Plan. These guidelines have been implemented in Volume 3 Strategic Environmental Assessment (SEA) Environmental Report.

Sustainable Residential Developments in Urban Areas-Guidelines for Planning Authorities and the accompanying Urban Design Manual: A Best Practice Guide (2009) & Circular Letter: NRUP 02/2021.

Chapter 3, Housing and Sustainable Neighbourhoods sets out Council’s policies in relation to residential development and takes account of these guidelines.  Chapter 11(b) contains residential development standards and guidelines in accordance with these guidelines.

Sustainable Rural Housing Development Guidelines for Planning Authorities DEHLG (2005)

Chapter 5, Natural Heritage, Recreation and Amenity, Section 5.9 Agricultural Lands and Chapter 11 (b), Section 11.12 Agricultural Areas addresses residential development on agricultural lands zoned A in the city.

Taking in Charge of Housing Estates/ Management Companies (2006)

These guidelines relate to the taking in charge procedures of housing estates and management companies and are therefore not relevant to the preparation process of the Development Plan

Telecommunications Antennae and Support Structures, (DECLG, Circular Letter PL07/12 2012)

Chapter 9, Environment and Infrastructure sets out the policies regarding telecommunication infrastructure and associated structures.  Chapter 11(b), Section 17 makes specific reference to these guidelines.

The Planning System and Flood Risk Management-Guidelines for Planning Authorities and Technical Appendices (2009)

City Council has carried out a Strategic Flood Risk Assessment (SFRA) of the policies and objectives contained in this Plan in accordance with the Flood Risk Management Guidelines. Chapter 9 Environment and Infrastructure set’s out Council’s policies on flood risk areas and Chapter 11 (b), Section 11.27 Flood Risk & Assessment makes specific reference to these guidelines.

Tree Preservation Guidelines DOELG (1994)

Chapter 5, Natural Heritage, Recreation and Amenity sets out the Council’s policies in relation to trees and woodlands in the city.

Urban Development and Building Heights- Guidelines for Planning Authorities DHPLG (2018)

These guidelines have been implemented in Chapter 1, Core Strategy, Chapter 3, Housing and Sustainable Neighbourhoods, Chapter 8, Built Heritage, Placemaking and Urban Design and in the supporting document Urban Density and Building Height Strategy.

Waste Water Discharge (Authorisation) Regulations Circular PD 7/09

The Environmental Report of the Strategic Environmental Assessment (SEA) and Chapter 9, Environment and Infrastructure of this Plan addresses water and wastewater issues.

Wind Energy Development Guidelines for Planning Authorities DEHLG (2006) and Draft Revised Wind Energy Development Guidelines (2019)

Chapter 9, Environment and Infrastructure sets out the Council’s policies in regard to renewable energy sources including wind energy. Chapter 11 (b), Section 11.18 makes specific reference to these guidelines.