Planning and Development Act 2024
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Assessment of regional spatial economic strategy and revision by Office of Planning Regulator and recommendation to Minister | ||
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38. (1) The Office of the Planning Regulator shall, upon being notified by a regional assembly under this Chapter of— | ||
(a) the making of a regional spatial and economic strategy, | ||
(b) the making of any revision of a regional spatial and economic strategy, or | ||
(c) the making of an amendment to a regional spatial and economic strategy under section 37 , | ||
carry out an assessment of the regional spatial and economic strategy, revision or amendment, as the case may be, by reference to the criteria set out in subsection (3). | ||
(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a regional spatial and economic strategy. | ||
(b) The Minister or a regional assembly may, at any time, notify the Office of the Planning Regulator of any provision in a regional spatial and economic strategy (including, in the case of notification by a regional assembly under this paragraph, a regional spatial and economic strategy that relates to the region of a different regional assembly) that the Minister or regional assembly believes to be materially inconsistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, or | ||
(iii) National Planning Policies and Measures. | ||
(c) Where the Office of the Planning Regulator receives a request under paragraph (a) or a notification under paragraph (b), it shall carry out an assessment of the regional spatial and economic strategy concerned in accordance with subsections (3) and (4). | ||
(d) The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a regional spatial and economic strategy in accordance with subsections (3) and (4). | ||
(3) In carrying out an assessment under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (8), in particular, consider— | ||
(a) the National Planning Framework, | ||
(b) the National Marine Planning Framework, | ||
(c) National Planning Policy and Measures, | ||
(d) National Planning Policy Guidance, | ||
(e) any relevant transport strategy published by the National Transport Authority, | ||
(f) any submissions and recommendations made by the Minister, the Office of the Planning Regulator, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft regional spatial and economic strategy or revision, or proposed material amendment thereto, and | ||
(g) the requirements of this Chapter. | ||
(4) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the regional spatial and economic strategy or any part or provision thereof should be suspended because it may be materially inconsistent with— | ||
(a) the National Planning Framework, | ||
(b) the National Marine Planning Framework, or | ||
(c) National Planning Policies and Measures, | ||
it may issue a notice to the regional assembly, which shall take effect immediately upon issuance and shall— | ||
(i) suspend the effect of the regional spatial and economic strategy or part or provision thereof concerned pending the completion of the assessment, and | ||
(ii) remain in effect pending the completion of the assessment and— | ||
(I) the issuance by the Office of the Planning Regulator of a draft direction under section 39 , in accordance with a direction of the Minister under paragraph (b) of subsection (12), | ||
(II) the issuance by the Minister of a direction under paragraph (b) of subsection (13) not to issue a draft direction, or | ||
(III) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (9) not to issue a draft direction. | ||
(5) Where the Office of the Planning Regulator issues a notice to a regional assembly under subsection (4), it shall on the same day provide a copy of the notice to the Minister and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator. | ||
(6) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)— | ||
(a) shall consult with the director and members of the regional assembly concerned, and | ||
(b) may— | ||
(i) require the director of the regional assembly concerned to provide it with such information as it considers necessary, and | ||
(ii) consult with any other person it considers necessary. | ||
(7) A director of a regional assembly shall furnish the Office of the Planning Regulator with any documentation or additional information that may be requested by the Office of the Planning Regulator, within the period specified in such a request. | ||
(8) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the regional spatial and economic strategy or regional spatial and economic strategy as revised or amended, as the case may be— | ||
(a) is materially inconsistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, or | ||
(iii) National Planning Policies and Measures, | ||
(b) departs from any relevant guidance set out in National Planning Policy Guidance and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region, | ||
(c) departs from any relevant transport strategy of the National Transport Authority and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region, or | ||
(d) is otherwise in contravention of a requirement of this Act, | ||
it shall 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, 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. | ||
(9) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 39 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation. | ||
(10) The Office of the Planning Regulator shall notify the regional assembly concerned, and where applicable, any other regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (8) or (9) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections. | ||
(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 (8)— | ||
(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) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met, 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 (8), 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) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met 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) Where the Minister issues a direction under paragraph (b) of subsection (13) and the Office of the Planning Regulator has issued a notice to a regional assembly under subsection (4), the Office of the Planning Regulator shall notify the regional assembly concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (4). | ||
(15) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister. |