Planning and Development Act 2024
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Assessment of urban area plans, priority area plans and coordinated area plans by Office of Planning Regulator and recommendation to Minister | ||
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78. (1) The Office of the Planning Regulator shall, upon being notified— | ||
(a) by a planning authority of the making or amendment of an urban area plan or priority area plan, or | ||
(b) by a chief executive of a principal planning authority of the making or amendment of a coordinated area plan, | ||
carry out an assessment of the urban area plan, priority area plan or coordinated area plan, as the case may be, in accordance with subsection (3). | ||
(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of an urban area plan, priority area plan or coordinated area plan. | ||
(b) The Minister, a regional assembly or a planning authority may, at any time, notify the Office of the Planning Regulator of any matter in an urban area plan, priority area plan or coordinated area plan (including, in the case of a planning authority, an urban area plan, priority area plan or coordinated area plan that relates to the functional area of a different planning authority) that the Minister, regional assembly or planning authority, as the case may be, believes— | ||
(i) to be materially inconsistent with— | ||
(I) the settlement-specific objectives set out in a development plan which applies to the settlement or the part of a settlement concerned, | ||
(II) the zoning objectives of a development plan which applies to the settlement or the part of a settlement concerned, | ||
(III) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43 , | ||
(IV) the strategies and statements prepared under sections 44 to 51 of a development plan which applies to the settlement or the part of a settlement concerned, or | ||
(V) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned, | ||
or | ||
(ii) fails to take due account of any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned. | ||
(c) Where the Office of the Planning Regulator receives a request from the Minister under paragraph (a), it shall carry out an assessment of the plan concerned in accordance with subsection (3). | ||
(d) Where the Office of the Planning Regulator receives a notification from the Minister, a regional assembly or a planning authority under paragraph (b), it shall carry out an assessment of the alleged inconsistency in accordance with subsection (3). | ||
(e) At any time, the Office of the Planning Regulator may, at its own initiative and for stated reasons, carry out an assessment of an urban area plan, priority area plan or coordinated area plan in accordance with subsection (3). | ||
(3) In carrying out an assessment of an urban area plan, priority area plan or coordinated area plan 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) any submissions made by the Minister, the Office of the Planning Regulator, a regional assembly, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft plan or proposed amendment of such a plan, | ||
(b) the settlement-specific objectives set out in a development plan which apply to the settlement or the part of a settlement concerned, | ||
(c) the zoning objectives of a development plan which apply to the settlement or the part of a settlement concerned, | ||
(d) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43 , | ||
(e) the strategies and statements prepared under sections 44 to 51 of a development plan which apply to the settlement or the part of a settlement concerned, | ||
(f) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned, | ||
(g) any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned, and | ||
(h) 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 urban area plan, priority area plan or coordinated area plan concerned or any part or provision thereof should be suspended because it may be materially inconsistent with one or more of the items referred to in subparagraphs (i) to (v) of paragraph (a) of subsection (8), it may issue a notice to the planning authority or, in the case of a coordinated area plan, the principal planning authority and the associate planning authority, which shall take effect immediately upon issuance and shall— | ||
(a) suspend the effect of the plan or part or provision thereof concerned pending the completion of its assessment, and | ||
(b) remain in effect pending the completion of— | ||
(i) the issuance by the Office of the Planning Regulator of a draft direction under section 79 , 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 make a draft direction. | ||
(5) Where the Office of the Planning Regulator issues a notice under subsection (4), it shall on the same day provide a copy of the notice to the Minister and the Commission 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, where the assessment is being carried out under subsection (2)— | ||
(i) in the case of an urban area plan or a priority area plan, consult the chief executive and members of the planning authority, and | ||
(ii) in the case of a coordinated area plan, consult the chief executive and the members of the principal planning authority and the chief executive and the members of the associate planning authority, | ||
(b) may require a planning authority, principal planning authority or associate planning authority to provide it with such information as it considers necessary, and | ||
(c) may consult with any other person it considers necessary. | ||
(7) A planning authority, principal planning authority or associate planning authority, as the case may be, shall furnish the Office of the Planning Regulator with any documentation or 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 pursuant to subsection (1) or (2), the Office of the Planning Regulator forms the opinion that an urban area plan, priority area plan or coordinated area plan— | ||
(a) is materially inconsistent with— | ||
(i) the settlement-specific objectives set out in a development plan which apply to the settlement or the part of a settlement concerned, | ||
(ii) the zoning objectives of a development plan which apply to the settlement or the part of a settlement concerned, | ||
(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43 , | ||
(iv) the strategies and statements prepared under sections 44 to 51 of a development plan which apply to the settlement or the part of a settlement concerned, or | ||
(v) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned, | ||
(b) fails to take due account of any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned, or | ||
(c) is otherwise in contravention of a requirement of this Act, | ||
it shall make a recommendation to the Minister that a draft direction under section 79 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 79 , and | ||
(ii) a statement of the reasons for the recommendation. | ||
(9) Where, following an assessment carried out pursuant to subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria for the issuance of a draft direction set out in subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 79 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 planning authority concerned (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority) and, where applicable, any planning authority or regional assembly which initiated the assessment in accordance with paragraph (b) of subsection (2), of its decision not to issue a draft direction and provide them with a statement of the reasons for that decision. | ||
(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 79 , whether with or without modifications. | ||
(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 79 , 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 (c) 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 79 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 79 , 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 (c) 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 planning authority under subsection (4), the Office of the Planning Regulator shall notify the planning authority concerned of the direction of the Minister for the purposes of subparagraph (ii) of paragraph (b) 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. |