Planning and Development Act 2024

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Expedited amendment of regional spatial and economic strategy

37. (1) This section applies where amendments to a regional spatial and economic strategy for the time being in force—

(a) are necessitated by the issuance of a new or amended National Planning Statement,

(b) are being made for the purposes of ensuring that the regional spatial and economic strategy concerned is materially consistent with National Planning Policies and Measures contained in such a statement, and

(c) the Office of the Planning Regulator has informed the regional assembly under subparagraph (i) of paragraph (a) of subsection (3) of section 36 that it is satisfied with the steps proposed by the regional assembly under subsection (2) of that section.

(2) Within 6 weeks of being informed by the Office of the Planning Regulator in accordance with subparagraph (i) of paragraph (a) of subsection (3) of section 36 that the Office of the Planning Regulator is satisfied with the steps proposed by a regional assembly under subsection (2) of that section, the director of the regional assembly shall prepare a draft amendment to the regional spatial and economic strategy concerned and shall conduct a screening assessment for strategic environmental assessment in respect of the draft amendment in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft amendment in accordance with Part 6 .

(3) In carrying out any screening assessment under subsection (2), the director of the regional assembly shall, with a view to avoiding duplication of assessments, take account of the fact and content of any assessment that the Minister has conducted in respect of the relevant National Planning Statement.

(4) Where the director of the regional assembly determines that a strategic environmental assessment, an appropriate assessment, or both, as the case may be, is or are required in respect of a draft amendment, the draft amendment may only be made by way of a revision to the regional spatial and economic strategy under subsections (8) to (16) of section 32 and may not be made under this section.

(5) Where the director of the regional assembly determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft amendment, the director of the regional assembly shall propose the draft amendment to the members of the regional assembly for adoption by resolution.

(6) Where the director of the regional assembly concerned proposes a draft amendment to the members of the regional assembly under subsection (5), the proposed amendment shall be deemed to have been made at the expiration of a period of 6 weeks from the proposal, unless the members of the regional assembly, within that period, by resolution accept or reject the proposed amendment.

(7) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the publication requirements under subsections (1), (2) and (3) of section 34 shall apply in respect of the regional spatial and economic strategy as amended.

(8) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the amendment shall take effect 2 weeks after the deemed making of the amendment.

(9) Where, within the 6 week period referred to in subsection (6), the members of the regional assembly by resolution reject the amendment proposed by the director of the regional assembly concerned—

(a) the director shall advise the Office of the Planning Regulator of this fact, and

(b) the Office of the Planning Regulator shall consider whether to make a recommendation under subsection (10).

(10) Where, following a resolution under subsection (9), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 36 , it shall 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.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (10)—

(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.

(12) Where the Minister decides under subsection (11) 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 (11) the material inconsistency for the purposes of subsection (1) of section 36 , 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 subsection (10), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) 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 (11) the material inconsistency for the purposes of subsection (1) of section 36 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.

(14) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.