Planning and Development Act 2024

• Permanent Page URL

Consequences of new or amended National Planning Statement for regional spatial and economic strategy

36. (1) Where the Minister issues or amends a National Planning Statement, each regional assembly shall, within 2 months of publication of the new or amended National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the regional spatial and economic strategy in force for its region is materially consistent with the National Planning Policies and Measures.

(2) Where a regional assembly is of the view that there is a material inconsistency for the purposes of subsection (1), the report referred to in that subsection shall set out the steps that the regional assembly proposes to take to amend its regional spatial and economic strategy so as to remove the material inconsistency concerned.

(3) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is a material inconsistency for the purposes of that subsection and—

(a) is satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned—

(i) the Office of the Planning Regulator shall, as soon as practicable thereafter, so inform the regional assembly, and

(ii) the director of the regional assembly shall invoke the expedited amendment procedure set out in section 37 ,

or

(b) is not satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and

(ii) a statement of reasons for the recommendation.

(4) Where a regional assembly fails to submit a report in accordance with subsection (1) and the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of that subsection, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(a) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39 , and

(b) a statement of reasons for the recommendation.

(5) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is satisfied that there is no material inconsistency for the purposes of that subsection, it shall, as soon as practicable thereafter, so inform the regional assembly.

(6) The Office of the Planning Regulator shall notify the regional assembly concerned of a recommendation under paragraph (b) of subsection (3) or subsection (4) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(7) Subject to subsections (8) and (9), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under paragraph (b) of subsection (3) or subsection (4)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 39 , whether with or without modifications.

(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1), and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under paragraph (b) of subsection (3) or subsection (4), with or without such modifications as may be specified by the Minister in the direction.

(9) Where the Minister decides under subsection (7) that a draft direction should not be issued under section 39 , he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1) and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(10) The Office of the Planning Regulator shall provide the Minister with a copy of a report submitted to it under subsection (1) and shall advise the Minister of any decision made by the Office of the Planning Regulator under paragraph (a) of subsection (3) or subsection (5).

(11) A direction issued under paragraph (b) of subsection (9) shall be laid before each House of the Oireachtas by the Minister.