Dara Calleary (Mayo, Fianna Fail)
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Question 228: To ask the Minister for the Environment, Community and Local Government the position regarding the local area plans in towns (details supplied); and if he will give consideration to extending the lifetime of the plans in the towns referred to, until new plans are introduced. [22563/12]

Dara Calleary (Mayo, Fianna Fail)
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Question 229: To ask the Minister for the Environment, Community and Local Government the legal standing of a matter (details supplied) [22564/12]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 228 and 229 together.

The responsibility for zoning lands for specific purposes is a matter for planning authorities through their development plans and local area plans. Under the Planning Acts, the making, amending or revoking of a local area plan (LAP) is a reserved function of the elected members of the planning authority for the area. Furthermore, under the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2010, there is a mandatory requirement to make a LAP in respect of a town with a population in excess of 1,500 persons except where the planning authority decides to indicate objectives for the area of the town in its development plan, or a LAP has already been made in respect of the area of the town, or objectives for that area have already been indicated in the development plan.

Under Section 19 of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2010, a planning authority may, not more than 5 years after the making of a LAP, by resolution defer commencing the review process for a further period not exceeding 5 years, extending the lifetime of an LAP for a stated period, where the members have:

· notified the manager of their decision and the reasons; and

· sought and obtained the Manager's opinion that the LAP remains consistent with the objectives and core strategy of the relevant development plan, and the objectives of the LAP have not been substantially secured.

Section 19(6) provides that there is no presumption in law that any land zoned in a particular LAP must remain so zoned in any subsequent LAP.