Planning and Development (Amendment) Act 2018
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PART 2 Office of the Planning Regulator | ||
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Office of the Planning Regulator | ||
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Office of the Planning Regulator | ||
4. The Principal Act is amended by inserting the following Part after Part IIA (inserted by the Dublin Transport Authority Act 2008 ): | ||
“PART IIB | ||
Office of the Planning Regulator | ||
Chapter I | ||
Preliminary and General (Part IIB) | ||
Definitions (Part IIB) | ||
31K. In this Part— | ||
‘establishment day’ means the day appointed by order under section 31L to be the establishment day for the purposes of this Part; | ||
‘Office’ means the Office of the Planning Regulator established under Chapter II; | ||
‘Planning Regulator’ means the person appointed under section 31N as the Planning Regulator. | ||
Chapter II | ||
Establishment, Organisation, Staffing etc. | ||
Establishment of Office of the Planning Regulator | ||
31L. The Minister shall by order appoint a day to be the establishment day for the purposes of this Part. | ||
Office of the Planning Regulator | ||
31M. (1) There is established on the establishment day a body to be known as Oifig an Rialaitheoir Pleanáil or, in the English language, Office of the Planning Regulator, to perform the functions conferred on it by this Part. | ||
(2) The Office of the Planning Regulator shall have all such powers as are necessary for or incidental to the performance of the functions of the Office under this Act. | ||
Planning Regulator | ||
31N. (1) There shall be appointed in accordance with section 31W a chief executive of the Office, to be known as the Planning Regulator, who shall be a corporation sole with perpetual succession and an official seal and with power— | ||
(a) to sue and be sued, | ||
(b) to acquire, hold and dispose of land or an interest in land, and | ||
(c) to acquire, hold and dispose of any other property. | ||
(2) The Planning Regulator shall— | ||
(a) perform such functions as are specified in this Part to be functions of the Office, | ||
(b) be responsible for the performance by the Office of its functions under this Part, and | ||
(c) otherwise carry out, manage and control generally the administration and business of the Office for the purposes of this Part. | ||
Seal of Planning Regulator | ||
31O. (1) The seal of the Planning Regulator (in this section referred to as the ‘seal’) shall be authenticated by either— | ||
(a) the signature of the Planning Regulator, or | ||
(b) the signatures of 2 members of the staff of the Office, at least one of whom shall be a director of the Office, and both of whom have been authorised by the Office to act in that behalf. | ||
(2) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by the Office and to be sealed with the seal (purporting to be authenticated in accordance with subsection (1)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. | ||
(3) Any contract or instrument which, if entered into or executed by an individual, would not be required to be under seal may be entered into or executed on behalf of the Office by a member of the staff of the Office or a person generally or specially authorised by the Office for that purpose. | ||
Functions of Office | ||
31P. (1) The functions of the Office are— | ||
(a) to evaluate and assess— | ||
(i) development plans, including draft development plans, | ||
(ii) variations of development plans, including proposed variations, | ||
(iii) local area plans, including the amendment or revocation of such plans, and | ||
(iv) regional spatial and economic strategies, | ||
during their preparation and making under Chapters I to III of Part II in order for the Office to provide observations and recommendations to planning authorities and regional assemblies, as appropriate, on those plans and strategies, | ||
(b) in respect of any plan or strategy to which paragraph (a) relates, to inform the Minister if, in the opinion of the Office, any such plan or strategy is not consistent with its observations and recommendations, especially where, in its opinion, failure to be so consistent would affect the overall strategy for proper planning and sustainable development of the area concerned, | ||
(c) to conduct research, including research at the request of the Minister, as to what constitutes proper planning and sustainable development, | ||
(d) to conduct education and training programmes and research as provided for by section 31Q, | ||
(e) to conduct reviews under Chapter IV of the performance by the Board and by planning authorities of their respective functions, | ||
(f) to oversee the delivery of effective planning services to the public by planning authorities including having regard to— | ||
(i) any relevant indicator (within the meaning of Part 12A of the Local Government Act 2001 ) identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) of that Act, or | ||
(ii) regulations made by the Minister under section 134A(7) of the Local Government Act 2001 , | ||
(g) to prepare an annual report in accordance with section 31AH on the performance of its own functions, | ||
(h) to prepare a strategy statement for the Office in accordance with section 31T, | ||
(i) to make such observations as it considers appropriate to the Minister, or in its annual reports or otherwise, in relation to planning legislation, including: | ||
(i) development plans, local area plans and regional spatial and economic strategies under Part II; | ||
(ii) guidelines under section 28; | ||
(iii) directions under section 31; | ||
(iv) codes of conduct under section 31AL; and | ||
(v) in so far as relates to planning matters to which paragraph (f) relates, | ||
and | ||
(j) to evaluate and assess strategic transport plans made by the National Transport Authority in accordance with section 12 of the Dublin Transport Authority Act 2008 and to issue a notice as provided for by subsection (10) of that section. | ||
(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Office such additional functions connected with the functions for the time being of the Office as the Minister determines, subject to such conditions (if any) as may be specified in the order. | ||
(b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order. | ||
(3) In performing its functions, the Office shall take account of the objective of contributing to proper planning and sustainable development and the optimal functioning of planning under the Planning and Development Acts 2000 to 2018. | ||
Education, training and research functions | ||
31Q. (1) The Office shall conduct education and training programmes— | ||
(a) for members of planning authorities and of regional assemblies in respect of— | ||
(i) the role of such authorities, assemblies and their members under the Planning and Development Acts 2000 to 2018, including ministerial guidelines and policy directives under Chapter IV of Part II, | ||
(ii) such matters relating to proper planning and sustainable development as the Minister may request, and | ||
(iii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development, | ||
(b) for members of the staff of local authorities or regional assemblies in respect of— | ||
(i) such matters relating to proper planning and sustainable development as the Minister may request, and | ||
(ii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development. | ||
(2) The Office shall conduct research in relation to matters relevant to its functions as well as such other matters as may be requested of the Office by the Minister. | ||
(3) The Office may enter into arrangements with any person or body that the Office considers to be suitably qualified, including any professional, educational or research organisation, to undertake the provision of such services that the Office sees fit to which paragraph (a) or (b) of subsection (1) or subsection (2) relates and that are relevant to its functions. | ||
(4) The Office shall include in its annual report to the Minister under section 31AH a report on— | ||
(a) education and training activities, and | ||
(b) research activities, | ||
undertaken by it in respect of the year to which that report relates. | ||
Performance of functions by Office | ||
31R. (1) Subject to this Part, the Office is independent in the performance of its functions. | ||
(2) Subject to section 31O, the Office may perform any of its functions through any member of the staff of the Office duly authorised in that behalf— | ||
(a) by the Planning Regulator, or | ||
(b) to the extent provided for by the Planning Regulator under paragraph (a), by a director of the Office. | ||
Office to have regard to certain policies and objectives and to requirements | ||
31S. (1) The Office shall, in performing its functions, have regard to— | ||
(a) the policies and objectives for the time being of the Government, a State authority (including Ministerial guidelines, policy directives and directions issued under Chapter IV of Part II), planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns, villages or other areas, whether urban or rural, | ||
(b) the public interest and any effect the performance of the Office’s functions may have on issues of strategic, economic or social importance to the State, | ||
(c) the National Planning Framework (or, where appropriate, the National Spatial Strategy) and any regional spatial and economic strategy for the time being in force, and | ||
(d) the requirements of relevant acts of the European Union, in particular, those relating to— | ||
(i) the Environmental Impact Assessment Directive, | ||
(ii) Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment2 , | ||
(iii) the Habitats Directive, and | ||
(iv) the Birds Directives, | ||
in so far as those requirements relate to planning authorities by virtue of being designated as competent authorities for the purposes of those acts. | ||
(2) In this section ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section. | ||
Corporate strategy of Office | ||
31T. (1) The Planning Regulator shall prepare a strategy statement for the Office within 6 months of its establishment and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 6 years following the establishment day. | ||
(2) The strategy statement shall be prepared on the basis of an organisational wide strategic approach encompassing the functions and principal activities of the Office and shall include: | ||
(a) a statement setting out the approach taken in respect of each of the Office’s functions referred to in section 31P; | ||
(b) a statement of the principal activities of the Office; | ||
(c) the objectives and priorities for each of the principal activities and strategies for achieving those objectives; | ||
(d) the manner in which the Office proposes to assess its performance in respect of each such activity, taking account of indicators which shall be identified by the Office and of the need to work towards best practice in service delivery and in the general operation of the Office; | ||
(e) human resources activities (including training and development) to be undertaken for the staff of the Office; | ||
(f) the organisational structure of the Office, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the strategy statement; and | ||
(g) such other matters as the Planning Regulator considers necessary. | ||
(3) Within 3 months of the preparation of the statement of strategy for the purposes of subsection (1), the Office shall cause copies of it to be submitted to the Minister and laid before each House of the Oireachtas. | ||
(4) In this section ‘principal activities’ includes the following: | ||
(a) any observations and recommendations issued in respect of— | ||
(i) the review of development plans, | ||
(ii) variations of development plans, | ||
(iii) the preparation and amendment of local area plans, and | ||
(iv) the preparation of regional spatial and economic strategies; | ||
(b) any plans and strategies made in a manner consistent with the observations and recommendations referred to in paragraph (a); | ||
(c) any recommendations issued by the Office to the Minister that the Minister uses his or her powers of direction under section 31 or 31A as regards— | ||
(i) the review of a development plan, | ||
(ii) variations of development plans, | ||
(iii) the preparation and amendment of local area plans, and | ||
(iv) the preparation of a regional spatial and economic strategy; | ||
(d) any directions issued in a manner consistent with the recommendations of the Planning Regulator; | ||
(e) the research, education and training conducted; | ||
(f) the reviews undertaken of the performance of planning functions of planning authorities and the Board. | ||
Monitoring of performance of Office | ||
31U. (1) The Office shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to the performance of its functions. | ||
(2) The Minister may direct the Office in respect of matters referred to under subsection (5) where the Minister has requested information. | ||
(3) Where the Minister gives a direction under subsection (2), the Office shall— | ||
(a) report to the Minister the results of the review conducted pursuant to the direction, and | ||
(b) comply with any direction the Minister may give in relation to all or any of the matters which were the subject of the review. | ||
(4) The Office may make observations or submissions to the Minister as regards any matter pertaining to its functions. | ||
(5) The Minister may consult with the Office as regards any matter pertaining to the performance of— | ||
(a) the functions of the Office, or | ||
(b) the functions assigned to the Minister by or under— | ||
(i) the Planning and Development Acts 2000 to 2018, or | ||
(ii) any other enactment in so far as those functions or the exercise of those functions relate or could relate to functions of the Office. | ||
Consultation between Minister and Planning Regulator | ||
31V. The Minister and the Planning Regulator shall, from time to time, consult with each other on matters relating to the functions of the Office and of the Planning Regulator. | ||
Appointment and term of office of Planning Regulator | ||
31W. (1) Subject to this section, the Planning Regulator shall be appointed by the Minister and shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Minister may determine with the consent of the Minister for Public Expenditure and Reform. | ||
(2) A person shall not be appointed as the Planning Regulator unless— | ||
(a) except where subsection (3) applies, the Public Appointments Service have, following holding a competition on behalf of the Office, selected him or her for nomination by the Minister to the Government for the purpose of approving his or her appointment as the Planning Regulator, and | ||
(b) his or her appointment has upon nomination by the Minister been approved by the Government. | ||
(3) Subsection (2)(a) does not apply to a person who would, if appointed, be serving a second consecutive term as the Planning Regulator. | ||
(4) The Planning Regulator— | ||
(a) shall be appointed in a wholetime capacity, | ||
(b) shall be appointed for a term of office of 5 years or such shorter period where subsection (6)(b) applies, and | ||
(c) shall not, at any time while holding office, hold any other office or employment in respect of which emoluments are made. | ||
(5) A person shall not be appointed for a term of office as Planning Regulator more than twice, subject to any provision provided for by law relating to retirement that would apply to the person, but nothing in this paragraph shall be read as preventing a former planning regulator from being a member of the staff or, subject to the consent of the Minister for Public Expenditure and Reform where relevant, otherwise being employed by the Office. | ||
(6) (a) The term of office of a person as Planning Regulator shall, except where paragraph (b) applies, be for the period of 5 years referred to in subsection (4)(b). | ||
(b) Where, within the period of 5 years from the date of appointment as Planning Regulator, the person concerned would attain the age of 65 years and he or she is neither— | ||
(i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed having been previously appointed to a position in the public service (within that meaning) on or after 1 April 2004, nor | ||
(ii) a Scheme member within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , | ||
then his or her term of office as Planning Regulator shall be such so that the term ceases upon his or her attaining the age of 65 years. | ||
(7) As soon as practical after the appointment of a person as the Planning Regulator, the Minister shall cause a notice of the appointment to be published in Iris Oifigiúil. | ||
Transitional provisions relating to Office | ||
31X. (1) Before the establishment day the Minister may request the Public Appointments Service to hold a competition for the purpose of having selected a person to be nominated to the Government for its approval of the appointment of the person by the Minister as the Planning Regulator and, accordingly— | ||
(a) section 31W(2)(a) shall be deemed to have been complied with, whether or not any steps taken pursuant to that request occur on or after the establishment day, and | ||
(b) where a person has been duly selected by the Public Appointments Service before the establishment day, then— | ||
(i) the Service shall advise the Minister accordingly, and | ||
(ii) the Minister may before, on or after that day nominate the person to the Government for its approval of the appointment of that person by the Minister and the appointment shall take effect on whichever of the following is the last to occur: | ||
(I) the establishment day; | ||
(II) the date the appointment is made. | ||
(2) If with effect from the establishment day there is no Planning Regulator then the Minister may, on an interim basis and pending the appointment, appoint in writing a person to perform some or all of the functions of the Planning Regulator. | ||
(3) Where the Minister has appointed a person in accordance with subsection (2) to perform functions of the Planning Regulator and the functions performable include the function of appointing a director under section 31Z, then, notwithstanding section 31Z(1), not more than one person shall at any time stand appointed as a director unless the Minister approves any further appointments. | ||
Resignation and removal of Regulator | ||
31Y. (1) A Planning Regulator may at any time resign his or her office by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister receives notice of the resignation. | ||
(2) The Planning Regulator may be removed from office by the Government if— | ||
(a) in the opinion of the Government, the Regulator has become incapable through ill-health of effectively performing his or her functions, | ||
(b) in the opinion of the Government, the Planning Regulator has committed stated misbehaviour, | ||
(c) the Planning Regulator has been convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment, | ||
(d) the Planning Regulator is convicted of an offence involving fraud or dishonesty, | ||
(e) the Planning Regulator is adjudicated bankrupt in the State or another jurisdiction and if so adjudicated, has not obtained a certificate of discharge from the bankruptcy in the State or that other jurisdiction, as appropriate, or | ||
(f) the removal of the Planning Regulator appears to the Government to be necessary for the effective performance by the Office of its functions. | ||
(3) Where the Planning Regulator is removed from office under this section, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal. | ||
Directors | ||
31Z. (1) For the purpose of supporting the Planning Regulator and the Office in carrying out functions under this Part, the Planning Regulator— | ||
(a) may appoint up to 3 persons but shall appoint at least one person, | ||
(b) subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, may appoint such number of additional persons as may be specified, | ||
each to be a director of the Office (in this section referred to as ‘director’) to perform such functions as are duly assigned to each of them. | ||
(2) A director shall be a member of staff of the Office. | ||
(3) The Planning Regulator shall designate one director to be deputy Planning Regulator. The deputy Planning Regulator shall perform and carry out the functions of the Planning Regulator in the absence of the Planning Regulator or when there is no Planning Regulator and references to the Planning Regulator shall be read accordingly. | ||
(4) A director, on ceasing to be a member of the staff of the Office, shall be deemed to have vacated the position of director. | ||
Staff of Office | ||
31AA. The Planning Regulator shall appoint such and so many persons to be staff of the Office as the Planning Regulator, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, as to the number and grade of those staff, from time to time may determine, having regard to the need to ensure that an adequate number of staff are competent in the Irish language so as to enable the Office to provide service through Irish as well as English. | ||
Membership of either House of Oireachtas, European Parliament or local authority | ||
31AB. (1) Where the Planning Regulator or a member of the staff of the Office— | ||
(a) accepts a nomination as a member of Seanad Éireann, | ||
(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or | ||
(d) is elected or co-opted as a member of a local authority, | ||
he or she shall thereupon— | ||
(i) in the case of the Regulator, cease to be the Regulator, and | ||
(ii) in the case of any member of the staff of the Office, stand seconded from employment by the Office and not be paid by, or be entitled to receive from, the Office any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority. | ||
(2) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting the reckoning of a period therein mentioned as service with the Office for the purpose of any superannuation benefits payable. | ||
(3) A person who is for the time being— | ||
(a) entitled under the Standing Orders of either House of the Oireachtas to sit therein, | ||
(b) a member of the European Parliament, or | ||
(c) entitled under the Standing Orders of a local authority to sit as a member thereof, | ||
shall, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified for being the Planning Regulator or a member of the staff of the Office. | ||
Members of staff of Office to be civil servants | ||
31AC. A member of the staff of the Office of the Planning Regulator shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956 ) in the Civil Service of the State. | ||
Prohibition on disclosure of information relating to functions of Office | ||
31AD. (1) No person shall, without the consent of the Planning Regulator (which may be given to the person, subject to or without conditions, as regards any information, any particular information or any information of a particular class or description), disclose— | ||
(a) any information obtained by him or her while serving as a member of the staff of, or consultant or adviser to, the Office or as a person whose services are availed of by the Office by virtue of section 31AI or 31AJ, or | ||
(b) any information so obtained relative to the business of the Office or to the performance of its functions. | ||
(2) A person who contravenes subsection (1) commits an offence. | ||
(3) Nothing in subsection (1) shall prevent— | ||
(a) disclosure of information in a report made to the Office or in a report made by or on behalf of the Office to the Minister, | ||
(b) disclosure of information by any person in the course of and in accordance with the functions of his or her office, | ||
(c) disclosure of information in accordance with the Freedom of Information Act 2014 , or | ||
(d) disclosure of information in accordance with the European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 ( S.I. No. 125 of 1998 ), and any regulations amending or replacing those regulations. | ||
Liability of Planning Regulator or member of staff for acts and omissions | ||
31AE. Neither— | ||
(a) the Planning Regulator or a former Planning Regulator, nor | ||
(b) a present or former member of the staff of the Office, | ||
is liable for damages for anything done, anything purported to be done or anything omitted to be done by him or her in performing a function under this Act, unless the act or omission is shown to have been done in bad faith. | ||
Grants to Office | ||
31AF. There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Office in each financial year out of moneys provided by the Oireachtas a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Public Expenditure and Reform and after consultation with the Office in relation to its programme of expenditure for that year, may fix. | ||
Accounts and audits of Office | ||
31AG. (1) The Office shall— | ||
(a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be specified by the Minister, and | ||
(b) provide to the Minister any information which the Minister may require regarding those estimates and also regarding the proposals and plans of the Office in respect of a period specified by the Minister. | ||
(2) The Office shall keep, in such form and in respect of such accounting periods as may be approved of by the Minister with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys received and spent by the Office, including an income and expenditure account and a balance sheet. | ||
(3) (a) The Planning Regulator and any relevant member of the staff of the Office shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Office in respect of any financial year or other period and shall facilitate any such examination, and the Office shall pay to the Minister such fee for the examination as may be fixed by the Minister. | ||
(b) In this subsection ‘relevant member of the staff’ means a member of the staff of the Office to whom duties relating to those accounts have been duly assigned. | ||
(4) (a) The accounts of the Office shall be approved by the Planning Regulator as soon as is practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it to the Comptroller and Auditor General for audit. | ||
(b) A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the Planning Regulator and the Minister as soon as is practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas. | ||
Annual report of Office | ||
31AH. (1) The Office shall, not later than the 30th day of June in each year, prepare an annual report, which shall include information on the performance of its functions and its principal activities during the preceding year, including any matter to which section 31Q relates, and such other matters as the Minister may specify to the Office in writing. | ||
(2) The Planning Regulator shall cause a copy of the annual report to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee. | ||
(3) The Planning Regulator shall, at the request in writing of the relevant Oireachtas Committee, attend before it to account for matters in relation to its annual report. | ||
(4) In this section ‘relevant Oireachtas Committee’ means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas to which has been duly assigned the role of examining matters relating to environment and planning (other than the Committee of Public Accounts or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-committee of such a relevant Oireachtas Committee. | ||
Provision of services and resources by Minister to Office | ||
31AI. (1) For the purposes of enabling the Office to perform its functions, the Minister may provide services (including services of staff either on secondment or a permanent basis) to the Office on such terms and conditions (including payment for such services) as may be agreed, after consultation with the Minister for Public Expenditure and Reform, and the Office may avail of such services. | ||
(2) The Office may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed, after consultation with the Minister for Public Expenditure and Reform, and the Minister may avail of such services. | ||
(3) Without prejudice to the generality of subsection (1), the Minister may make available or cause to be made available to the Office, on a request being made by the Planning Regulator, premises, equipment, services and other resources for the purpose of the performance by the Office of its functions as the Office may determine from time to time in consultation with the Minister and the Minister for Public Expenditure and Reform. | ||
(4) The Minister may, subject to the agreement with the relevant chief executive (by whatever name called) of any public body under the Minister’s aegis, including any local authority, provide for the provision of services under subsection (3). | ||
Service providers | ||
31AJ. (1) The Office may from time to time engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Office out of moneys at its disposal. | ||
(2) The Office shall include in each report made under section 31AH a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates. | ||
Fees payable to Office | ||
31AK. (1) The Office of the Planning Regulator may determine fees that may be charged in relation to any matter referred to in subsection (2), subject to the approval of the Minister, and a fee as so determined shall be payable to the Office by any person concerned as appropriate, and different fees may be provided for in respect of different matters. | ||
(2) The matters in relation to which the Office of the Planning Regulator may determine fees under subsection (1) are in respect of reasonable costs for the provision or undertaking of— | ||
(a) education and training programmes, | ||
(b) research programmes, and | ||
(c) any other services, subject to the approval of the Minister. | ||
(3) Notwithstanding subsection (2), the Office may, subject to the approval of the Minister, provide for the payment of different fees in relation to different matters referred to in subsection (2), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances. | ||
Code of conduct | ||
31AL. (1) (a) The Office shall adopt a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business which is required to be followed by those persons referred to in subsection (3). | ||
(b) A code of conduct under this section shall be subject to the approval of the Minister and be adopted within one year of the establishment day. | ||
(2) A code of conduct shall consist of a written statement setting out the policy of the Office on at least the following matters: | ||
(a) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the Office, as appropriate; | ||
(b) membership of other organisations, associations and bodies, professional or otherwise; | ||
(c) membership of, or other financial interests in, companies, partnerships or other bodies; | ||
(d) undertaking work, not being work on behalf of the Office both during and after any period of employment with the Office, whether as a consultant, adviser or otherwise; | ||
(e) acceptance of gifts, sponsorship, considerations or favours; | ||
(f) disclosure of information concerning matters pertaining to the work of the Office, as appropriate; | ||
(g) following of best practice to be adopted in relation to the functions of the Office including the procedures for the provision of observations, submissions or recommendations in accordance with this Act in relation to— | ||
(i) the review, making and variation of development plans, | ||
(ii) the review, making and amendment of local area plans, | ||
(iii) the review, making and amendment of regional spatial and economic strategies, and | ||
(iv) the disclosure by the Planning Regulator, staff of the Office or persons to whom section 31AJ relate of any representations relating to the work or functions of the Office made to the Planning Regulator, to any such staff member or person, whether in writing or otherwise in relation to those matters. | ||
(3) The code of conduct adopted by the Office applies— | ||
(a) to the Planning Regulator, | ||
(b) to a member of the staff of the Office, or | ||
(c) to the extent indicated in the code of conduct, to any person or class or classes of persons to whom section 31AJ relates, | ||
and the code of conduct shall be complied with by each person to the extent that it relates to him or her or has been duly applied to him or her. | ||
Chapter III | ||
Evaluation and assessment carried out by Office of the Planning Regulator | ||
Evaluation and assessment by Office of matters relating to development plans | ||
31AM. (1) The Office shall evaluate and assess, at least at a strategic level— | ||
(a) a notice given under subsection (2) of section 11 by a planning authority to the Office for the purposes of that section of the intention of the planning authority to review its existing development plan, | ||
(b) a notice and a copy of the draft development plan sent to the Office under subsection (1)(a) of section 12 by the planning authority concerned for the purpose of that section, | ||
(c) a notice given under section 12(5)(aa) by the planning authority concerned to the Office in respect of a draft development plan, | ||
(d) a notice given to the Office by a planning authority under section 12(7)(a), together with the proposed amendment that would, if made, be a material alteration of the draft development plan concerned, | ||
(e) a notice sent together with the copy of any proposed variation of the development plan concerned sent to the Office under subsection (2)(a) of section 13 by the planning authority concerned for the purpose of that section, | ||
(f) a notice given under section 13(5)(aa) by the planning authority concerned to the Office in respect of a proposed variation of a development plan, | ||
and the Office may make such observations or submissions for the purposes of the relevant provision. | ||
(2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to development plans as follows: | ||
(a) matters generally within the scope of section 10 and, in particular, subsection (2)(n) of that section in relation to climate change; | ||
(b) consistency with the development plan and the National Planning Framework (or, where appropriate, the National Spatial Strategy) and regional spatial and economic strategies; | ||
(c) relevant guidelines for planning authorities made under section 28, including the consistency of development plans with any specific planning policy requirements specified in those guidelines; | ||
(d) policy directives issued under section 29; | ||
(e) such other legislative and policy matters as the Minister may communicate to the Office in writing, the effect of which shall be published on the website of the Office. | ||
(3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall— | ||
(a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning functions, and | ||
(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made. | ||
(4) The report of the chief executive of the planning authority prepared for the elected members under— | ||
(a) section 11(4), in respect of the preparation of a new development plan, | ||
(b) subsection (4) or (8) of section 12 in respect of a draft development plan, or | ||
(c) section 13(4) in respect of a variation of a development plan, | ||
shall— | ||
(i) summarise the issues raised in the observations or submissions, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1), | ||
(ii) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and | ||
(iii) make the report available on the website of the planning authority as soon as practicable following submission to the members of the authority. | ||
(5) A regional assembly shall send to the Office, a copy of— | ||
(a) any observation or submissions, including recommendations, it makes to a planning authority under section 27A(1) in respect of the review of an existing development plan, | ||
(b) any observation or submissions, including recommendations, it makes to a planning authority under section 27B(1) in respect of a draft development plan, | ||
(c) any observation or submissions, including recommendations, it makes to a planning authority under section 27C(1) in respect of a proposed variation in a development plan. | ||
(6) A planning authority shall notify the Office within 5 working days of the making of a development plan or a variation to a development plan and send a copy of the written statement and maps as duly made and where the planning authority— | ||
(a) decides not to comply with any recommendations made in the relevant report of the Office, or | ||
(b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office, | ||
then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority. | ||
(7) Where paragraph (a) or (b) of subsection (6) applies, the Office shall consider whether or not the development plan as made, or the variation of it, by the planning authority is, in the Office’s opinion, consistent with any recommendations made by the Office. | ||
(8) Where subsequent to any consideration for the purposes of subsection (7), the Office is of the opinion that— | ||
(a) the development plan or the variation of it, as the case may be, has not been made in a manner consistent with the recommendations of the Office, | ||
(b) that the decision of the planning authority concerned results in the making of a development plan, or its variation, in a manner that fails to set out an overall strategy for the proper planning and sustainable development of the area concerned, and | ||
(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited, | ||
then the Office shall issue, no later than 4 weeks after the development plan or the variation to the development plan is made, a notice to the Minister containing— | ||
(i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the development plan, or the development plan as varied by the planning authority, sets out an overall strategy for proper planning and sustainable development, and | ||
(ii) a proposed draft of a direction to which paragraph (c) would relate. | ||
(9) A copy of the notice issued to the Minister under subsection (8) shall be made available by the Office on its website. | ||
Consequential provisions to section 31AM | ||
31AN. (1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AM and— | ||
(a) where the Minister agrees with that notice, then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or | ||
(b) where the Minister does not so agree with the Office, then the Minister shall— | ||
(i) prepare a statement in writing of his or her reasons for not agreeing, | ||
(ii) cause that statement to be laid before each House of the Oireachtas, and | ||
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government. | ||
(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the planning authority concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites. | ||
(3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section— | ||
(a) the notice shall specify that the report of the chief executive on the submissions on the draft direction shall be made to the Office, and | ||
(b) the chief executive shall act accordingly. | ||
(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall recommend to the Minister that he or she issue the direction with or without minor amendments or where the Office is of the opinion that— | ||
(a) a material amendment to the draft direction may be required, | ||
(b) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or | ||
(c) it is necessary for any other reason, | ||
then the Office may, for stated reasons, appoint a person to be an inspector no later than 3 weeks after the date of receipt of the chief executive’s report. | ||
(5) An inspector appointed under subsection (4) shall— | ||
(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and | ||
(b) be independent in the performance of those functions. | ||
(6) The inspector— | ||
(a) shall review the draft direction, the report of the chief executive furnished and any submissions made, | ||
(b) shall consult with the chief executive and elected members of the planning authority, | ||
(c) may consult with the regional assembly and persons who made submissions, and | ||
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office. | ||
(7) Copies of the report of the inspector under subsection (6) shall— | ||
(a) be furnished without delay by the Office to the chief executive and, where relevant, to the regional assembly, and | ||
(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions. | ||
(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after— | ||
(a) where subsection (7)(a) applies, the report was furnished to him or her, or | ||
(b) where subsection (7)(b) applies, the report was made available to him or her. | ||
(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons— | ||
(a) to issue the direction, | ||
(b) not to issue the direction, or | ||
(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate: | ||
(i) recommendations contained in the report of the inspector; | ||
(ii) any submissions made, | ||
and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments. | ||
(10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority. | ||
(11) From the adoption of a development plan— | ||
(a) such provisions as— | ||
(i) are required to be included in a development plan by virtue of a direction issued by the Minister under section 31, and | ||
(ii) are not so included, | ||
shall be deemed to be included in that development plan, and | ||
(b) such provisions of the development plan as do not comply with a direction so issued shall be deemed not to be included in that development plan. | ||
(12) The Minister shall cause a copy of a direction issued to be laid before each House of the Oireachtas. | ||
(13) As soon as may be after a direction is issued to a planning authority under this section, the planning authority shall make the direction so issued available to members of the public, during normal office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the website of the planning authority or otherwise in electronic form. | ||
(14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website. | ||
(15) The Minister shall publish a copy of the direction issued under section 31 on the website of the Department of Housing, Planning and Local Government. | ||
(16) (a) Where the giving of a direction by the Minister in accordance with subsection (9) would require the making of a material alteration to a development plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection— | ||
(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan, and | ||
(ii) send a copy of that notice to the planning authority concerned, the regional assembly concerned, the Office, the Board and the prescribed authorities. | ||
(b) The Minister shall, before giving a direction in accordance with subsection (9), determine— | ||
(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, and | ||
(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment. | ||
(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan concerned. | ||
(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the development plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection— | ||
(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and | ||
(ii) on the internet website of the Minister and the internet website of the planning authority concerned. | ||
(e) A notice to which paragraph (c) applies shall— | ||
(i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with subsection (9), | ||
(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the development plan concerned will be made available for inspection by members of the public, | ||
(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned, | ||
(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and | ||
(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with subsection (9). | ||
(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the development plan within the period determined by the Minister in accordance with paragraph (b). | ||
(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice. | ||
(h) A report under paragraph (g) shall— | ||
(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c), | ||
(ii) provide a summary of those submissions and observations, and | ||
(iii) set out the response of the Minister to those submissions and observations. | ||
(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following: | ||
(i) the proper planning and sustainable development of the area to which the proposed development plan is intended to apply, | ||
(ii) the duties under statute of the local authority within whose administrative area the proposed development plan is intended to apply, | ||
(iii) the necessity of ensuring that the proposed development plan will be consistent with— | ||
(I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, | ||
(II) specific planning policy requirements specified in guidelines under section 28(1), and | ||
(III) policies or objectives for the time being of the Government or of any Minister of the Government. | ||
Evaluation and assessment by Office of matters relating to local area plans | ||
31AO. (1) The Office shall evaluate and assess, at least at a strategic level— | ||
(a) a notice given under subsection (3)(a)(i) of section 20 by a planning authority to that Office of a proposal to make, amend or revoke a local area plan for the purposes of that section, | ||
(b) a notice sent to that Office under subsection (3)(e) of section 20 by a planning authority relating to a material alteration to a local area plan (including, where sent, a copy of the proposed material alteration) for the purposes of that section, | ||
and the Office may make such submissions or observations, recommendations or reports as provided for by the relevant provision. | ||
(2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to the following: | ||
(a) matters generally within the scope of section 19; | ||
(b) consistency with the objectives of the relevant development plan, its core strategy, any regional spatial and economic strategy that applies to the area and the transport strategy of the National Transport Authority; | ||
(c) relevant guidelines for planning authorities made under section 28; | ||
(d) policy directives issued under section 29; | ||
(e) such other matters as the Minister may prescribe under section 262 or otherwise prescribe. | ||
(3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall— | ||
(a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning functions, and | ||
(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made. | ||
(4) The report of the chief executive of the planning authority prepared for the elected members under section 20, in respect of the preparation, amendment or revocation of a local area plan, shall— | ||
(a) summarise the issues raised in the submissions or observations, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1), | ||
(b) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and | ||
(c) make the report available on the website of the planning authority following the decision of the elected members. | ||
(5) A planning authority shall notify the Office within 5 working days of the making of a local area plan or an amendment to a local area plan and send a copy of the written statement and maps as made and where the planning authority— | ||
(a) decides not to comply with any recommendations made in the relevant report of the Office, or | ||
(b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office, | ||
then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority. | ||
(6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the local area plan as made, amended or revoked by the planning authority is, in the opinion of the Office, consistent with any recommendations made by the Office. | ||
(7) Where subsequent to any consideration for the purposes of subsection (6), the Office is of the opinion that— | ||
(a) the local area plan has not been made, amended or revoked, as the case may be, in a manner consistent with the recommendations of the Office, | ||
(b) that the decision of the planning authority concerned results in the making of a local area plan, or its amendment or revocation, as the case may be, in a manner that is inconsistent with the development plan of the area concerned, and | ||
(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited, | ||
then the Office shall issue, no later than 4 weeks after the local area plan has been made, amended or revoked, as the case may be, a notice to the Minister containing— | ||
(i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the local area plan, or the local area plan as varied by the planning authority, sets out an overall strategy for proper planning and sustainable development, and | ||
(ii) a proposed draft of a direction to which paragraph (c) would relate. | ||
(8) A copy of the notice issued to the Minister under subsection (7) shall be made available by the Office on its website. | ||
Consequential provisions to section 31AO | ||
31AP. (1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AO, and— | ||
(a) where the Minister agrees with that notice then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or | ||
(b) where the Minister does not so agree with the Office, then the Minister shall— | ||
(i) prepare a statement in writing of his or her reasons for not agreeing, | ||
(ii) cause that statement to be laid before each House of the Oireachtas, and | ||
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government. | ||
(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the planning authority concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites. | ||
(3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section— | ||
(a) the notice shall specify that the chief executive’s report on the submissions on the draft direction shall be made to the Office, and | ||
(b) the chief executive shall act accordingly. | ||
(4) The Office shall consider the chief executive’s report on the submissions, together with any submission made under section 31(10), and shall recommend to the Minister that he or she issue the direction with or without minor amendments or where the Office is of the opinion that— | ||
(a) a material amendment to the draft direction may be required, | ||
(b) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or | ||
(c) it is necessary for any other reason, | ||
then the Office may, for stated reasons, appoint a person to be an inspector no later than 3 weeks after the date of receipt of the report of the chief executive. | ||
(5) An inspector appointed under subsection (4) shall— | ||
(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and | ||
(b) be independent in the performance of those functions. | ||
(6) The inspector— | ||
(a) shall review the draft direction, the report of the chief executive furnished and any submissions made, | ||
(b) shall consult with the chief executive and elected members of the planning authority, | ||
(c) may consult with the regional assembly and persons who made submissions, and | ||
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office. | ||
(7) Copies of the report of the inspector under subsection (6) shall— | ||
(a) without delay be furnished by the Office to the chief executive and, where relevant, to the regional assembly, and | ||
(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions. | ||
(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after— | ||
(a) where subsection (7)(a) applies, the report was furnished to him or her, or | ||
(b) where subsection (7)(b) applies, the report was made available to him or her. | ||
(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons— | ||
(a) to issue the direction, | ||
(b) not to issue the direction, or | ||
(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate: | ||
(i) recommendations contained in the report of the inspector; | ||
(ii) any submissions made, | ||
and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments. | ||
(10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority. | ||
(11) From the adoption of a local area plan— | ||
(a) such provisions as— | ||
(i) are required to be included in the local area plan by virtue of a direction issued by the Minister under section 31, and | ||
(ii) are not so included, | ||
shall be deemed to be included in that local area plan, and | ||
(b) such provisions of the local area plan as do not comply with a direction so issued shall be deemed not to be included in that local area plan. | ||
(12) The Minister shall cause a copy of a direction issued to be laid before each House of the Oireachtas. | ||
(13) As soon as may be after a direction is issued to a planning authority under this section, the planning authority shall make the direction so issued available to members of the public, during normal office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form. | ||
(14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website. | ||
(15) The Minister shall publish a copy of the direction issued under section 31 on the website of the Department of Housing, Planning and Local Government. | ||
(16) (a) Where the giving of a direction by the Minister in accordance with subsection (9) would require the making of a material alteration to a local area plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection— | ||
(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan, and | ||
(ii) send a copy of that notice to the planning authority concerned, the regional assembly, the Office, the Board and the prescribed authorities. | ||
(b) The Minister shall, before giving a direction in accordance with subsection (9), determine— | ||
(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, and | ||
(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment. | ||
(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan concerned. | ||
(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the local area plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection— | ||
(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and | ||
(ii) on the internet website of the Minister and the internet website of the planning authority concerned. | ||
(e) A notice to which paragraph (c) applies shall— | ||
(i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with subsection (9), | ||
(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the local area plan concerned will be made available for inspection by members of the public, | ||
(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned, | ||
(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and | ||
(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with subsection (9). | ||
(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the local area plan within the period determined by the Minister in accordance with paragraph (b). | ||
(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice. | ||
(h) A report under paragraph (g) shall— | ||
(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c), | ||
(ii) provide a summary of those submissions and observations, and | ||
(iii) set out the response of the Minister to those submissions and observations. | ||
(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following: | ||
(i) the proper planning and sustainable development of the area to which the proposed local area plan is intended to apply, | ||
(ii) the duties under statute of the local authority within whose administrative area the proposed local area plan is intended to apply, | ||
(iii) the necessity of ensuring that the proposed local area plan will be consistent with— | ||
(I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, | ||
(II) specific planning policy requirements specified in guidelines under section 28(1), and | ||
(III) policies or objectives for the time being of the Government or of any Minister of the Government. | ||
Evaluation and assessment by Office of matters relating to regional spatial and economic strategies | ||
31AQ. (1) The Office shall evaluate and assess, at a strategic level— | ||
(a) a notice given under subsection (2) of section 24 by a regional assembly to that Office for the purposes of that section of the intention of the regional assembly to make a regional spatial and economic strategy, | ||
(b) a notice and a copy of the draft of the regional spatial and economic strategy sent to the Office under subsection (4)(a) of section 24 by the regional assembly concerned for the purpose of that section, | ||
and the Office may make such submissions or observations as provided for by section 24. | ||
(2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to the following: | ||
(a) matters generally within the scope of section 23 and, in particular, subsection (2)(c)(viii) of that section in relation to climate change; | ||
(b) consistency with the regional spatial and economic strategies and the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development; | ||
(c) relevant guidelines for planning authorities made under section 28; | ||
(d) policy directives issued under section 29; | ||
(e) in respect of a regional assembly or local authorities to which the Greater Dublin Area (GDA) relates, consistency with regional spatial and economic strategies and the transport strategy of the National Transport Authority; | ||
(f) such other matters as the Minister may prescribe under section 262 or otherwise prescribe. | ||
(3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall— | ||
(a) make observations and recommendations to the regional assembly concerned in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant regional assembly, and | ||
(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made. | ||
(4) The report of the director of the regional assembly prepared for the members of the regional assembly under Chapter III of Part II shall, in so far as it relates to the preparation of the draft regional spatial and economic strategy— | ||
(a) summarise the issues raised in the submissions or observations, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1), | ||
(b) outline the recommendations of the director of the regional assembly in relation to the manner in which those issues and recommendations should be addressed, taking account of— | ||
(i) the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made,and | ||
(ii) the principles of proper planning and sustainable development, | ||
and | ||
(c) make the report available on the website of the regional assembly. | ||
(5) A regional assembly shall notify the Office within 5 working days of the making of a regional spatial and economic strategy and send a copy of the strategy where the regional assembly— | ||
(a) decides not to comply with any recommendations made in the relevant report of the Office, or | ||
(b) otherwise make the strategy in such a manner as to be inconsistent with any recommendations made by the Office, | ||
then the director of the regional assembly shall inform the Office accordingly in writing, which notice shall state the reasons for the decision of the regional assembly. | ||
(6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the strategy as made by the regional assembly is, in its opinion, consistent with any recommendations made by the Office. | ||
(7) Where subsequent to any consideration for the purposes of subsection (6), the Office is of the opinion that— | ||
(a) the regional and spatial economic strategy has not been made in a manner consistent with the recommendations of the Office, | ||
(b) that the decision of the regional assembly concerned results in the making of a regional spatial and economic strategy that is inconsistent with the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made, and not in accordance with the principles of proper planning and sustainable development, and | ||
(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions under section 31 would be merited, | ||
then the Office shall issue, no later than 4 weeks after the regional spatial and economic strategy is made, a notice to the Minister containing— | ||
(i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure the strategy is made consistent with— | ||
(I) the National Planning Framework (or, where appropriate, the National Spatial Strategy), and | ||
(II) the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made, | ||
and is in accordance with the principles of proper planning and sustainable development, and | ||
(ii) a proposed draft of a direction to which paragraph (c) would relate. | ||
(8) A copy of the notice issued to the Minister under subsection (7) shall be made available by the Office on its website. | ||
Consequential provisions to section 31AQ | ||
31AR. (1) The Minister shall consider the recommendations of the Office in the notice under section 31AQ and— | ||
(a) where the Minister agrees with the opinion of the Office as expressed in the notice issued under section 31AQ(7), then the Minister shall proceed, pursuant to section 31A, to issue a notice for the purposes of subsections (3) and (4) of that section, or | ||
(b) where the Minister does not so agree with the Office, then the Minister shall— | ||
(i) prepare a statement in writing of his or her reasons for not agreeing, | ||
(ii) cause that statement to be laid before each House of the Oireachtas, | ||
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning, and Local Government. | ||
(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the regional assembly concerned and the Office and that regional assembly shall, as soon as practicable thereafter, make it available on their respective websites. | ||
(3) Where the Minister issues a notice under section 31A for the purposes of subsection (3) or (4) of that section— | ||
(a) the notice shall specify that the report of the director of the regional assembly concerned on the submissions on the draft direction shall be made to the Office, and | ||
(b) the director of the regional assembly shall act accordingly. | ||
(4) The Office shall consider the report of the director of the regional assembly concerned on the submissions, together with any submission made under section 31A(10) and shall recommend to the Minister that he or she issue the direction with or without minor amendments or where the Office believes that— | ||
(a) a material amendment to the draft direction may be required, | ||
(b) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or | ||
(c) it is necessary for any other reason, | ||
then the Office may, for stated reasons, appoint a person to be an inspector no later than 3 weeks after the date of receipt of the director’s report. | ||
(5) The inspector appointed, under subsection (4), shall— | ||
(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and | ||
(b) be independent in the performance of those functions. | ||
(6) The inspector— | ||
(a) shall review the draft direction, the report of the director of the regional assembly furnished and any submissions made, | ||
(b) shall consult with the director and members of the regional assembly, | ||
(c) any persons who made submissions, and | ||
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office. | ||
(7) Copies of the report of the inspector under subsection (6) shall— | ||
(a) be furnished without delay by the Office to the director of the regional assembly concerned, and | ||
(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions. | ||
(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after— | ||
(a) where subsection (7)(a) applies, the report was furnished to him or her, or | ||
(b) where subsection (7)(b) applies, the report was made available to him or her. | ||
(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons— | ||
(a) to issue the direction, | ||
(b) not to issue the direction, or | ||
(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate: | ||
(i) recommendations contained in the report of the inspector; | ||
(ii) any submissions made, | ||
and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31A with or without minor amendments. | ||
(10) A copy of the recommendations issued to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant regional assembly. | ||
(11) From the adoption of a regional spatial and economic strategy— | ||
(a) such provisions as— | ||
(i) are required to be included in the regional spatial and economic strategy by virtue of a direction issued by the Minister under section 31A, and | ||
(ii) are not so included, | ||
shall be deemed to be included in that regional spatial and economic strategy, and | ||
(b) such provisions of the regional spatial and economic strategy as do not comply with a direction so issued shall be deemed not to be included in that regional spatial and economic strategy. | ||
(12) The Minister shall cause a copy of a direction issued to be laid before each House of the Oireachtas. | ||
(13) As soon as may be after a direction is issued to a regional assembly under this section, the regional assembly shall make the direction so issued available by placing it on the website of the assembly. | ||
(14) A copy of the direction issued by the Minister under section 31A shall be copied to the Office and made available on its website. | ||
(15) The Minister shall publish a copy of the direction issued under section 31A on the website of the Department of Housing, Planning and Local Government. | ||
(16) (a) Where the giving of a direction by the Minister in accordance with subsection (9) would require the making of a material alteration to a regional spatial and economic strategy, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection— | ||
(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative areas of the local authorities to which the regional spatial and economic strategy applies, and | ||
(ii) send a copy of that notice to the planning authorities concerned, the regional assembly concerned, the Office, the Board and the prescribed authorities. | ||
(b) The Minister shall, before giving a direction in accordance with subsection (9), determine— | ||
(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a regional spatial and economic strategy that would be required in order to comply with the direction, and | ||
(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment. | ||
(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a regional spatial and economic strategy that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative areas of the local authorities to which the proposed regional spatial and economic strategy is intended to apply. | ||
(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the regional spatial and economic strategy concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection— | ||
(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and | ||
(ii) on the internet website of the Minister, the internet website of the regional assembly concerned and the internet websites of the planning authorities to which the proposed regional spatial and economic strategy concerned is intended to apply. | ||
(e) A notice to which paragraph (c) applies shall— | ||
(i) state that a determination under paragraph (b) has been made for the purposes of giving direction in accordance with subsection (9), | ||
(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the regional spatial and economic strategy concerned will be made available for inspection by members of the public, | ||
(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authorities to which the proposed regional spatial and economic strategy concerned is intended to apply, | ||
(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and | ||
(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with subsection (9). | ||
(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the regional spatial and economic strategy within the period determined by the Minister in accordance with paragraph (b). | ||
(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice. | ||
(h) A report under paragraph (h) shall— | ||
(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c), | ||
(ii) provide a summary of those submissions and observations, and | ||
(iii) set out the response of the Minister to those submissions and observations. | ||
(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following: | ||
(i) the proper planning and sustainable development of the administrative areas of the local authorities to which the proposed regional spatial and economic strategy is intended to apply, | ||
(ii) the duties under statute of the local authorities within whose administrative areas the proposed regional spatial and economic strategy is intended to apply, | ||
(iii) the necessity of ensuring that the proposed regional spatial and economic strategy will be consistent with— | ||
(I) the national and regional development objectives set out in the National Planning Framework, | ||
(II) specific planning policy requirements specified in guidelines under section 28(1), and | ||
(III) policies or objectives for the time being of the Government or of any Minister of the Government. | ||
Chapter IV | ||
Review of Planning Functions | ||
Review at instigation of Office | ||
31AS. (1) Where the Office considers it necessary or appropriate in the circumstances, the Office may conduct a review of a planning authority or the Board in respect of the systems and procedures used by such authority or the Board in relation to the performance of its functions under this Act. | ||
(2) An authorised person may be appointed under section 31AW for the purposes of a review under this section. | ||
(3) Where a review under this section is being conducted and, before it is completed, a request is made by the Minister to the Office under section 31AT to conduct a review under that section and such a review would include the matters to which the review under this section relates, then, where appropriate— | ||
(a) any steps taken by the Office for the purpose of the review under this section may be regarded as steps taken for the purposes of the request of the Minister under section 31AT, | ||
(b) the appointment by virtue of subsection (2) of an authorised person may be deemed to be an appointment under section 31AW for the purposes of a review under section 31AT, and | ||
(c) it shall not be necessary to complete the review under this section. | ||
(4) Where a review conducted for the purposes of this section is completed, then the Office shall send a draft of the proposed report on the review together with any recommendations it makes to the planning authority concerned, the Board and the Minister, as appropriate. | ||
(5) Within such period of time as the Office shall specify, having regard to the nature, size and complexity of a draft report and any issue of urgency associated with its finalisation, the planning authority concerned, the Board or the Minister, as the case may be, may make submissions or observations to the Office on the draft report. | ||
(6) The Office shall review any submissions or observations made for the purposes of subsection (5) before finalising the report, including any recommendations, and the Office— | ||
(a) shall send a copy of the report to any person to whom the draft report was sent under subsection (4), | ||
(b) shall publish, or cause to be published, the report on the Office’s website, and | ||
(c) may send a copy of the report to such other persons as it considers appropriate in the circumstances. | ||
(7) A recommendation by the Office relating to a planning authority, which is included in a draft of a proposed report under subsection (4) or in a report under subsection (6), may, where appropriate and without prejudice to making any other recommendation, include a recommendation that the Minister consider exercising his or her functions under any of the following: | ||
(a) section 28 to issue guidelines; | ||
(b) section 29 to issue policy directives; | ||
(c) subsection (2) of section 255 to give a directive under that subsection; | ||
(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned. | ||
Review by Office at instigation of Minister | ||
31AT. (1) Where the Minister has formed the opinion that a planning authority— | ||
(a) may not be carrying out its functions in accordance with the requirements of or under this Act, | ||
(b) is not in compliance with guidelines issued under section 28, a policy directive issued under section 29, a direction issued under section 31 or a directive issued under section 255(2), | ||
(c) may not be exercising its enforcement functions under Part VIII appropriately to ensure compliance in its administrative area with the Planning and Development Acts 2000 to 2018, including enforcement consequent on the issue to it of any policy directive under section 29 for the purpose of such compliance, | ||
(d) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the conduct of its functions, | ||
(e) may be applying systemic discrimination in the conduct of its functions, | ||
(f) may be operating in a manner whereby there is impropriety or risks of corruption in the conduct of its functions, or | ||
(g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions, | ||
then the Minister may request the Office to conduct a review of the organisation and the systems and procedures used in relation to the performance of functions under this Act by— | ||
(i) the planning authority concerned, or | ||
(ii) where relevant, the planning authority concerned and, in so far as it relates to that authority, the Board. | ||
(2) Where a request has been made by the Minister to the Office under subsection (1), the Office shall conduct a review under this Chapter and, for that purpose, an authorised person may be appointed under section 31AW. | ||
(3) Where a review conducted for the purposes of this section is completed, then the Office shall send a draft of the proposed report on the review together with any recommendations it makes to the planning authority concerned, the Board and the Minister, as appropriate. | ||
(4) Within such period of time as the Office shall specify, having regard to the nature, size and complexity of a draft report and any issue of urgency associated with its finalisation, the planning authority concerned, the Board or the Minister, as the case may be, may make submissions or observations to the Office on the draft report. | ||
(5) The Office shall review any submissions or observations made for the purposes of subsection (4) before finalising the report, including any recommendations, and the Office— | ||
(a) shall send a copy of the report to any person to whom the draft report was sent under subsection (4), | ||
(b) shall publish, or cause to be published, the report on the Office’s website, and | ||
(c) may send a copy of the report to such other persons as it considers appropriate to send it to in the circumstances. | ||
(6) A recommendation by the Office relating to a planning authority, which is included in a draft of a proposed report under subsection (3) or in a report under subsection (5), may, where appropriate and without prejudice to making any other recommendation, include a recommendation that the Minister consider exercising his or her functions under any of the following: | ||
(a) section 28 to issue guidelines; | ||
(b) section 29 to issue policy directives; | ||
(c) subsection (2) of section 255 to give a directive under that subsection; | ||
(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned. | ||
Complaint to Office in respect of planning authority | ||
31AU. (1) The Office may examine— | ||
(a) complaints made by any person to the Office, or | ||
(b) where requested by the Minister, complaints made by a person to the Minister, | ||
in respect of a planning authority where such complaint relates to the organisation of the authority and of the systems and procedures used by it in relation to the performance of its functions under this Act. | ||
(2) Where in respect of a complaint to which subsection (1) relates the Office has formed the opinion, having carried out a preliminary examination of the complaint and having regard to any relevant information, records or documents available to it, that an examination into the complaint would be warranted and that the planning authority concerned— | ||
(a) may not be carrying out its functions in accordance with the requirements of or under this Act, | ||
(b) is not in compliance with guidelines issued under section 28, a directive issued under section 29, or a direction issued under section 31, | ||
(c) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the conduct of its functions, | ||
(d) may be applying systemic discrimination in the conduct of its functions, | ||
(e) may be operating in a manner whereby there is impropriety or the risk of corruption in the conduct of its functions, or | ||
(f) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions, | ||
then the Office shall decide to undertake an examination or to prepare a report on the preliminary examination (including any recommendations) and, where an examination is undertaken, prepare a report on the examination (including any recommendations) and, accordingly, the Office shall as it considers it appropriate in the circumstances— | ||
(i) submit the report concerned to the planning authority or the Minister or to both, or | ||
(ii) submit the report concerned or complaint, including any relevant information, records or documents available to one or more of the following: | ||
(I) the Ombudsman; | ||
(II) the Standards in Public Office Commission; | ||
(III) the Garda Síochána; | ||
(IV) such other State authority as may be prescribed. | ||
(3) A recommendation by the Office relating to a planning authority, which is included in a report under subsection (2) may include a recommendation that the Minister consider exercising his or her functions under any of the following: | ||
(a) section 28 to issue guidelines; | ||
(b) section 29 to issue policy directives; | ||
(c) subsection (2) of section 255 to give a directive under that subsection; | ||
(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned. | ||
(4) Where upon a preliminary examination of a complaint, the Office is of the opinion that a complaint received by it is not one to which subsection (1) relates, then it shall cease to examine it for the purposes of the other provisions of this section but may, if the Office considers it appropriate in the circumstances, refer it to, or refer the complainant to, the Minister or a body to which subsection (2)(ii) relates. | ||
(5) The Office may— | ||
(a) having carried out a preliminary examination of a complaint to which subsection (1) relates, decide not to carry out an examination under this section into any matter in respect of which a complaint is made, or | ||
(b) decide not to conduct a preliminary examination, or to discontinue a preliminary examination, under this section into such matter if the Office forms the opinion that— | ||
(i) the complaint cannot be substantiated or appears to the Office to be trivial or vexatious in nature, | ||
(ii) the person making the complaint, or the person in respect of whom the complaint was made, does not appear to have any interest in the subject matter to which the complaint was made, | ||
(iii) the person making the complaint has not taken reasonable steps to pursue the subject matter of the complaint with the planning authority concerned, | ||
(iv) 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 | ||
(v) legal proceedings have been instituted in respect of the subject matter of the complaint. | ||
(6) Where the Office makes a decision under subsection (5) it shall in writing inform the person who made the complaint of the reasons for the Office’s decision. | ||
(7) In determining whether to initiate, continue or discontinue a review or examination under this section, the Office of the Planning Regulator shall be subject to the provisions of this section. | ||
(8) An examination by the Office of the Planning Regulator shall not, of itself, affect the validity of the matter examined or any power or duty of the performance of the function of the planning authority or the Board under this Act to exercise further functions of the planning authority or the Board under this Act with respect to any matters the subject of the examination. | ||
(9) The Office shall not exercise any of its functions in relation to any particular case with which a planning authority or the Board is either involved or could be involved. | ||
Information and records to be made available to Office | ||
31AV. (1) The Office as part of its review or examination may request from a planning authority or the Board access to such information, records or documents relating to the performance by the planning authority or the Board of its functions. | ||
(2) Where the Office conducts a review or examination, the planning authority or the Board shall co-operate and comply with any request of the Office in relation to all or any of the matters which are the subject of the review or examination. | ||
(3) It is the duty of each member of a planning authority or the Board, and each member of its staff, to co-operate with the Office. | ||
(4) A public body may, for the purposes of a review or examination under section 31AS, 31AT or 31AU, disclose information, records or documents (including personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20163 ) in its possession to the Office relating to matters that are the subject of that review or examination. | ||
(5) In this section— | ||
‘company’ has the meaning assigned to it by the Companies Act 2014 ; | ||
‘public body’ means— | ||
(a) a Department of State, | ||
(b) the Office of the Comptroller and Auditor General, | ||
(c) the Office of the Ombudsman, | ||
(d) a local authority (within the meaning of the Local Government Act 1941 ), | ||
(e) a body (other than a company) established by or under statute, | ||
(f) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— | ||
(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or | ||
(ii) the issue of shares held by or on behalf of a Minister of the Government, | ||
or | ||
(g) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government. | ||
Access to information (Part IIB) | ||
31AW. (1) The Office may appoint any person (in this section referred to as an ‘authorised person’) to carry out a review or examination authorised by this Chapter. | ||
(2) The planning authority or the Board shall supply the authorised person with such information, records, or documents relating to the performance by the planning authority or the Board of its functions as the authorised person may from time to time request. | ||
(3) An authorised person appointed for the purposes of this section, accompanied by such other persons as he or she considers appropriate in the circumstances, is entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a planning authority or the Board and shall be afforded every facility and co-operation by the planning authority (its chief executive and staff) or the Board including the giving of information which he or she reasonably requires and shall have access to all documents, records, or other information which he or she may reasonably require and shall be afforded facilities to make notes from, or to take copies of, any such documents or records. | ||
Offences (Part IIB) | ||
31AX. (1) Any person who— | ||
(a) commits an offence under section 31AD, or | ||
(b) obstructs or impedes or, without reasonable excuse, fails to comply with a request of— | ||
(i) the Planning Regulator or a member of the staff of the Office, or | ||
(ii) an authorised person, including any other person to whom section 31AW(3) relates, | ||
acting in the exercise of functions to which section 31AW(2) relates commits an offence, | ||
and is liable on summary conviction to a Class C fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both. | ||
(2) Summary proceedings for an offence under this section may be brought and prosecuted by the Planning Regulator.”. | ||