Planning and Development Act 2024
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Consequences of new or amended National Planning Statement for development plans | ||
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61. (1) Where the Minister issues or amends a National Planning Statement, each planning authority shall, within 2 months of the publication of National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the development plan in force for its functional area is materially consistent with the National Planning Policies and Measures. | ||
(2) Where a planning authority 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 what steps the planning authority proposes to take 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 planning authority shall be sufficient to remove the material inconsistency concerned— | ||
(i) the Office of the Planning Regulator shall so inform the planning authority, and | ||
(ii) the chief executive of the planning authority shall invoke the expedited variation procedure set out in section 62 , | ||
or | ||
(b) is not satisfied that the steps proposed by the planning authority 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 64 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 64 , and | ||
(ii) a statement of reasons for the recommendation. | ||
(4) Where a planning authority 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 64 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 64 , 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 of the opinion that there is no material inconsistency for the purposes of that subsection, it shall so inform the planning authority. | ||
(6) The Office of the Planning Regulator shall notify the planning authority 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 64 , whether with or without modifications. | ||
(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 64 , 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 64 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 64 , 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. |