Planning and Development Act 2024
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Chapter 3 Review of Performance of Functions of Planning Authorities, Regional Assemblies and Commission | ||
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Preliminary examination or review by Office of performance of functions | ||
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551. (1) Subject to subsection (8), the Office may, where it considers it necessary or appropriate to do so, conduct a review of the organisation and management of, and the systems and procedures used by, a planning authority, a regional assembly or the Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act. | ||
(2) Subject to subsection (8), the Office shall conduct a review of the organisation and management of, and the systems and procedures used by, a planning authority, a regional assembly or the Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act, where the Minister has formed the opinion that the planning authority, regional assembly or the Commission— | ||
(a) may not be carrying out its functions under this Act in accordance with the requirements of or under this Act, | ||
(b) may not be performing its functions under this Act in a manner which is in accordance with the National Planning Framework, regional spatial and economic strategies, development plans, urban area plans, coordinated area plans, priority area plans, the National Marine Planning Framework or maritime spatial plans, | ||
(c) may not be complying with a National Planning Statement, a direction under section 65 or 80 or, in the case of a planning authority, a direction under subsection (2) of section 576 or, in the case of a regional assembly, a direction under section 40 , | ||
(d) may be applying inappropriate standards of administrative practice, or otherwise acting contrary to fair or sound administration, in the performance of its functions under this Act, | ||
(e) may be applying systemic discrimination in the performance of its functions under this Act, | ||
(f) may be operating in a manner whereby there is impropriety or risks of corruption in the performance of its functions under this Act, | ||
(g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the performance of its functions under this Act, or | ||
(h) in the case of a planning authority, may not be performing its functions under Part 11 appropriately to ensure compliance in its functional area with this Act, | ||
and the Minister has informed the Office of his or her opinion in writing and requested a review to be carried out under this subsection. | ||
(3) Subject to subsection (8), where the Office receives a complaint made to it, or made to the Minister and referred to it by the Minister, that in the Office’s opinion relates to the organisation and management of, or systems and procedures used by, a planning authority, a regional assembly or the Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act, the Office shall (subject to subsection (4)) carry out a preliminary examination of the complaint to determine whether one or more of the circumstances referred to in paragraphs (a) to (h) of subsection (2) may have arisen. | ||
(4) The Office may decide not to carry out a preliminary examination, or to discontinue a preliminary examination, arising from a complaint if it forms the opinion that— | ||
(a) the subject matter of the complaint is outside the scope of its powers of review under this Chapter, | ||
(b) the complaint cannot be substantiated or appears to the Office to be vexatious, frivolous or without substance or foundation, | ||
(c) the person making the complaint, or the person in respect of whom the complaint was made, does not appear to have any legitimate interest in the subject matter of the complaint, | ||
(d) the person making the complaint has not taken reasonable steps to pursue the subject matter of the complaint with the planning authority or regional assembly concerned, or the Commission, as the case may be, | ||
(e) the person making the complaint has not exhausted any appeal or review procedures open to him or her in respect of the subject matter of the complaint, or | ||
(f) legal proceedings have been instituted in respect of the subject matter of the complaint. | ||
(5) Where the Office decides not to carry out or continue a preliminary examination or, following a preliminary examination, has not formed the view that one of the circumstances referred to in subsection (2) has arisen, it shall inform the person who made the complaint of the reasons for its decision, or for its not forming the view, in writing, and the Office may, if it considers it appropriate in the circumstances, refer the complaint or the complainant to the Minister or a body listed in paragraph (b) of subsection (4) of section 553 . | ||
(6) Subject to subsection (8), following a preliminary examination under subsection (3), the Office shall, as it considers appropriate— | ||
(a) prepare a report on the preliminary examination (including any recommendations), or | ||
(b) conduct a review of the organisation and management of, and the systems and procedures used by, the planning authority, regional assembly or Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act, and prepare a report on the review. | ||
(7) The Office shall, as it considers appropriate, submit a report referred to in paragraph (a) of subsection (6), to one or more than one of the following: | ||
(a) the planning authority; | ||
(b) the regional assembly; | ||
(c) the Commission; | ||
(d) the Minister; | ||
(e) the Ombudsman; | ||
(f) the Standards in Public Office Commission; | ||
(g) the Garda Síochána; | ||
(h) such other State authority as may be prescribed. | ||
(8) The Office shall not, in the performance of any of its functions under subsections (1) to (6), exercise any power or control in relation to a particular case with which a planning authority, regional assembly or the Commission is either involved or could be involved. | ||
(9) A preliminary examination or review under this section shall not, of itself, affect the validity of any matter examined, power exercised or duty performed by the planning authority, regional assembly or Commission or the performance of any function of the planning authority, regional assembly or Commission under this Act or any other enactment. | ||
(10) Where the Office is conducting a review under subsection (1) or (6) and, before it is completed, a request is made by the Minister to the Office to conduct a review under subsection (2), which would include the matters to which the review being conducted relates then, where appropriate— | ||
(a) any steps taken by the Office for the purpose of the first-mentioned review (including the appointment of a person under subsection (1) of section 552 ) may be regarded as steps taken for the purposes of the review requested by the Minister, and | ||
(b) it shall not be necessary to initiate a further, additional or separate review under this section. |