Ministerial Notice Of Intention To Issue A Direction To Mayo County Council, 16th January 2024

Date: 30-01-2024

Planning And Development Act 2000 (As Amended)
Castlebar Town & Environs Local Area Plan 2023-2029

Take Notice that:

I. The Local Area Plan as adopted fails to include an accurate core strategy table and in particular, does not set out a table which estimates the quantum of housing that will be delivered on lands zoned Existing Residential, the quantum to be delivered on mixed use town centre and opportunity sites and the quantum to be delivered on lands zoned New Residential. This is inconsistent with RPO 3.1 and 3.2 of the RSES for compact growth and Objective SSO 3 of the Mayo County Development Plan 2022-2028 to promote town centre regeneration, which aligns with the Government’s Town Centre First: A Policy Approach for Irish Towns (2022).

II. The Local Area Plan as adopted includes material alterations to the draft Local Area Plan, which zone additional residential land in excess of what is required for the town having regard to the growth targets for Castlebar under the core strategy of the Mayo County Development Plan 2022-2028. These material alterations are inconsistent with Objective CSO 1 of the County Development Plan to secure the implementation of the population and housing growth set out in the core strategy and settlement strategy, and Objective CSO 3 to adopt a Local Area Plan for Castlebar that aligns with the National Planning Framework, Regional Spatial and Economic Strategy, and the core strategy of the County Development Plan.

These material alterations are located in peripheral and non-sequential locations, predominantly outside the CSO boundary, and would encourage a pattern of development in particular locations which is inconsistent with the objectives of the County Development Plan to implement a sequential approach to development  and promote compact growth (Objective SSO3 and Objective SSO6), and RPO 3.1 and RPO 3.2 of the RSES for compact growth, and has failed to have regard and/or has misinterpreted the policy and objective of the Development Plans, Guidelines for Planning Authorities (2022) for a sequential approach when zoning land for residential development.  

III. The absence of a detailed core strategy table and extensive zoning of land in peripheral locations predominantly outside boundary represents a piecemeal and ad hoc approach that individually and cumulatively represent a clear failure to set out a strategy for growth consistent with the objectives of the County Development Plan for compact and sequential growth and the regeneration of the town centre under Objective SSO3 and Objective SSO6. 

IV. The Local Area Plan as adopted also includes a material alteration (MA 21) to the draft Local Area Plan which zones land at Ballynaboll for vulnerable uses within flood zone A and B which lands have not passed the plan making Justification Test. This material alteration is inconsistent with RPO 3.10 and 3.11, and with the County Development Plan, in particular Policy INP 14 by failing to have adequate regard to and/or misinterpreting the Planning System and Flood Risk Management Guidelines for Planning Authorities (2009) (Flood Guidelines) in the preparation of the Local Area Plan. 

V. The Local Area Plan as adopted also includes an extensive area of land zoned for Enterprise and Employment at Cloonagh which zoning objective can accommodate a range of high intensity employment uses. This zoning has no clear evidence basis, and the peripheral location of these lands would encourage primarily car based development that will not support the modal shift to active modes inconsistent with RPO 6.30 and 6.31. The zoning objective would, therefore, be inconsistent with Objective SO12 of the County Development Plan to integrate land use planning and sustainable transportation planning, promote the consolidation of development, encourage sustainable travel patterns by reducing the need to travel particularly by private transport, while prioritising walking, cycling and public transport.

This zoning objective, by reason of its extent and the nature of uses permitted under the zoning also has the potential to generate significant additional traffic movements with consequent potential adverse impacts on the national road network, inconsistent with RPO 6.5 to maintain the strategy capacity of the national road network, and section 2.7 (development at national road interchanges or junctions) of the Spatial Planning National Road Guidelines (2012) to which regard must be had.

Further, this zoning objective would be inconsistent with RPO 3.10, RPO 3.11 and with Policy INP 14 of the County Development Plan having regard to the fact that part of the lands are located within flood zones A and B; and that it is considered that the criteria of the Justification Test have not been adequately addressed in accordance with the Flood Guidelines.

VI.   The Local Area 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 AO of the Act.

VII.     In light of the matters set out at I-V above, the Minister is of the opinion that the Local Area Plan as made is inconsistent with the objectives of the Development Plan of the area, which is a requirement of the Act.

VIII     In light of the matters set out at I-V above, the Minister is of the opinion that the Local Area Plan as made is inconsistent with the objectives of the Development Plan of the area, which is a requirement of the Act.

3. A copy of the Draft Direction may be inspected from 30th January - 13th February 2024 inclusive, at the following locations:

(i)      on the Council’s website at consult.mayo.ie

(ii)     at the following Council offices during normal office hours between 9am-5pm Monday to Friday:

•   Planning Office, Áras an Chontae, The Mall, Castlebar, Mayo, F23 EF90

•   Mayo County Library, John Moore Road, Castlebar, F23 H330 (Tuesday to Saturday 10.00am – 5.00pm 9closed Sunday & Monday)

4. Written submissions or observations in respect of the Draft Direction may be made to the

Planning Authority in the following ways:

• By post addressed to: Castlebar LAP, Forward Planning, Áras an Chontae, The Mall, Castlebar, Mayo, F23 WF90
• via the Council’s online consultation portal at consult.mayo.ie

The deadline for submissions is on or before 5.00pm on 13th February 2024.

Written submissions or observations redacted for privacy purposes shall, save in exceptional circumstances, be published on consult.donegal.ie within 10 working days of its receipt by the authority.

5. The Chief Executive shall prepare a report on any submissions or observations received during the public consultation period, and this report shall be furnished to the Office of the Planning Regulator, the Elected Members and the Minister no later than 4 weeks after the public consultation process is completed.

6. Written submissions/observations made to the Planning Authority within the above period shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.

Catherine McConnell,
Director of Services, Planning and Corporate Development