12.2 Legislative Background

12.2 Legislative Background

The preparation, review and monitoring of the RSES, which replaces the Regional Planning Guidelines (RPGs) 2010 – 2022, is underpinned by the Planning and Development Act 2000 and the Local Government Acts.

Figure from page 235

Section 23 of the Planning and Development Act 2000 states “The objective of regional spatial and economic strategies shall be to support the implementation of the National Planning Framework and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the National Planning Framework and the economic policies or objectives of the Government.” The Eastern and Midland Regional Assembly commenced the statutory process of the formulation of the RSES in 2017 and the strategy was made by the elected members on June 28th 2019.

Figure from page 236

Regional Spatial & Economic Strategy

Consistency with the Regional Spatial and Economic Strategy

Monitoring the Strategy

Section 27 of the Planning and Development Act 2000 requires that a planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area. Under the Act, regional assemblies are obliged to prepare submissions or observations in relation to the making of, and variations to, local authority development plans stating whether, in the opinion of the Regional Assembly, the development plan, and in particular its Core Strategy are consistent with the RSES in force for the area of the development plan. If, in the opinion of the Regional Assembly a development plan and its Core Strategy are not consistent with the RSES, the submission or observations and report shall include recommendations as to what amendments, in the opinion of the Regional Assembly, are required to ensure that they are consistent.

The following monitoring and reporting arrangements are required by legislation to measure progress:

• Public bodies under Section 22A of the Planning and Development Act 2000, and each local authority within the Regional Assembly are required, every 2 years, to prepare and submit a report to the Assembly setting out progress made in supporting objectives, relevant to that body, of the Strategy.

• The Regional Assembly is required, every 2 years, to prepare a monitoring report to monitor progress made in implementing the Strategy. This report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to public bodies identified in legislation. The EMRA will submit its monitoring report to the National Oversight and Audit Commission (NOAC) for consideration and the NOAC may make recommendations to the Minister in relation to relevant measures to further support the implementation of the Strategy.

Section 44 of the Local Government Reform Act (2014) includes a requirement that a Local Economic and Community Plan (LECP) shall be consistent with any Regional Spatial and Economic Strategy as well as the core strategy and the objectives of the development plan of the local authority concerned. Local authorities are required under the Local Government Reform Act to submit a draft LECP to the Regional Assembly for consideration and the Assembly is required to adopt a statement on the draft LECP.

• Public bodies are required to assist and co-operate as far as practicable in implementing the Strategy.

• In accordance with Article 10 of the SEA Directive, “monitoring will be carried out in order to identify, at an early stage, any unforeseen adverse effects due to implementation of a plan, and to be able to take remedial action.” Measures to monitor significant environmental effects of the implementation of the RSES are included in Chapter 7 of the SEA Statement.

These arrangements will be supported by the Corporate Plan for the Regional Assembly and the annual Program of Works, both of which will be approved by the members of the Regional Assembly.

Figure from page 237

Implementation & Monitoring