Planning and Development Act 2024
|
Issuance of draft direction by Office of Planning Regulator | ||
|
79. (1) On receipt of a direction of the Minister to issue a draft direction pursuant to paragraph (b) of subsection (12) of section 78 , the Office of the Planning Regulator may, subject to subsection (5), issue a draft direction, which if issued to a planning authority in a direction issued by the Minister under section 80 would require— | ||
(a) an urban area plan, priority area plan or coordinated area plan to be amended in the manner specified in the direction, and | ||
(b) the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) to implement the amendment referred to in paragraph (a) and publish the urban area plan, priority area plan or coordinated area plan, as the case may be, as so amended. | ||
(2) A draft direction issued under subsection (1) may identify any provision of the plan that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 80 . | ||
(3) Where a draft direction issued under subsection (1) identifies a provision in accordance with subsection (2), the operation of the provision concerned shall be suspended from the date of the draft direction until the date a decision is made by the Minister under subsection (4) of section 80 . | ||
(4) (a) A planning authority or the Commission shall not determine any application for permission which would be materially affected by a provision suspended in accordance with subsection (3) or by any amendment of an urban area plan, priority area plan or coordinated area plan specified in a draft direction issued under subsection (1) pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 80 . | ||
(b) Where a planning authority or the Commission is temporarily precluded from determining any application for permission under paragraph (a), it shall notify the applicant. | ||
(5) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall— | ||
(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on the environment, and | ||
(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site. | ||
(6) (a) Where it is determined in accordance with paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations. | ||
(b) Where it is determined in accordance with paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6. | ||
(7) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall— | ||
(a) publish a notice of the issuance of the draft direction on a website maintained by or on behalf of the Office of the Planning Regulator and in one or more newspapers circulating in the area to which the plan concerned relates, | ||
(b) direct the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority) to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the planning authority, and | ||
(c) send a copy of the notice published under paragraph (a), together with a copy of the draft direction, to— | ||
(i) the Minister, | ||
(ii) where the subject matter of the draft direction is an urban area plan or a priority area plan, the chief executive of the planning authority and the members of the planning authority, | ||
(iii) where the subject matter of the draft direction is a coordinated area plan, the chief executive and the members of the principal planning authority and the chief executive and the members of the associate planning authority, | ||
(iv) the director of the relevant regional assembly, | ||
(v) where the planning authority (and where the subject matter of the draft direction is a coordinated area plan, the principal planning authority or the associate planning authority) is a coastal planning authority, the Maritime Area Regulatory Authority, | ||
(vi) where the subject matter of the draft direction is an urban area plan, priority area plan or coordinated area plan that relates to a settlement or part of a settlement which includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga, | ||
(vii) the Commission, | ||
(viii) the National Transport Authority, and | ||
(ix) any other body, as the Office of the Planning Regulator considers appropriate. | ||
(8) A notice published under paragraph (a) of subsection (7) shall— | ||
(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1), | ||
(b) state the outcome of the determinations made in accordance with subsection (5), | ||
(c) state that copies of the draft direction, the determinations made in accordance with subsection (5) and any environmental report or Natura impact report referred to in subsection (6) will be made available for inspection by members of the public at such place and for such period as is specified in the notice, | ||
(d) state that such copies will also be available for inspection on a website maintained by or on behalf of the Office of the Planning Regulator and of the planning authority concerned (and, in the case of a coordinated area plan, the notice shall refer to copies being available for inspection on websites maintained by or on behalf of the principal planning authority and the associate planning authority), | ||
(e) invite written submissions with respect to the draft direction and, where applicable, the strategic environmental assessment or appropriate assessment, before the expiration of such period (being not less than 4 weeks from the date of the notice) as is specified in the notice, and | ||
(f) state that any such submissions made within the period specified in the notice shall be taken into account by the Office of the Planning Regulator in making a recommendation to the Minister as to whether to issue a direction in the terms of the draft direction and in the summary of submissions submitted to the Minister under subsection (12), which will be considered by the Minister in deciding whether to issue a direction under section 80 . | ||
(9) Subject to subsections (10), (11) and (12), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (7), and having considered the submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the chief executive and the members of the planning authority, principal planning authority and associate planning authority, as the case may be— | ||
(a) recommend that the Minister issue a direction under section 80 in the terms of the draft direction, | ||
(b) recommend that the Minister issue a direction under section 80 in an amended form to take account of any submissions made pursuant to subsection (8), or | ||
(c) recommend that the Minister not issue a direction under section 80 . | ||
(10) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (c) of subsection (8) of section 78 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (9), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 78 . | ||
(11) (a) Where it is determined under paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraph (a) or (b) of subsection (9), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue. | ||
(b) Where it is determined under paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraph (a) or (b) of subsection (9), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue. | ||
(12) A recommendation to the Minister under subsection (9) shall be accompanied by a report of the Office of the Planning Regulator setting out— | ||
(a) a copy of the draft direction issued under subsection (1), | ||
(b) a summary of any written submissions received from the chief executive and the members of the planning authority, the principal planning authority and the associate planning authority, as the case may be, in relation to the draft direction, | ||
(c) a summary of any written submissions received from any other person in relation to the draft direction (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis), | ||
(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c), | ||
(e) the reasons for the recommendation of the Office of the Planning Regulator, | ||
(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 80 in an amended form, a copy of the proposed amended draft direction, and | ||
(g) where required, the strategic environmental assessment or appropriate assessment of the Office of the Planning Regulator, or both, as the case may be, carried out by the Office of the Planning Regulator in accordance with subsection (11) in relation to the direction which the Office of the Planning Regulator is recommending that the Minister issue. | ||
(13) A copy of the report and recommendation sent to the Minister under subsections (9) and (12), and any submissions made in relation to the draft direction, shall be— | ||
(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and | ||
(b) sent to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority). | ||
(14) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section. |