Planning and Development Act 2024
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Assessment of development plan and variation by Office of Planning Regulator and recommendation to Minister | ||
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63. (1) The Office of the Planning Regulator shall, upon being notified by a planning authority under this Chapter of— | ||
(a) the making of a development plan, or | ||
(b) the making of any variation to a development plan, | ||
carry out an assessment of the development plan or variation, as the case may be, in accordance with subsections (3) and (4). | ||
(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a development plan. | ||
(b) The Minister, a regional assembly or a planning authority may, at any time, notify the Office of the Planning Regulator of any provision in a development plan (including, in the case of notification by a planning authority under this paragraph, a development plan that relates to the functional area of a different planning authority) that the Minister, regional assembly or planning authority, as the case may be, believes to be materially inconsistent with— | ||
(i) the National Planning Framework, | ||
(ii) the National Marine Planning Framework, | ||
(iii) the regional spatial and economic strategy for the relevant region, or | ||
(iv) National Planning Policies and Measures. | ||
(c) Where the Office of the Planning Regulator receives a request under paragraph (a) or a notification under paragraph (b), it shall carry out an assessment of the development plan concerned in accordance with subsections (3) and (4). | ||
(d) The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a development plan in accordance with subsections (3) and (4). | ||
(3) In carrying out an assessment under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (10), in particular, consider— | ||
(a) the National Planning Framework, | ||
(b) where the planning authority is a coastal planning authority, the National Marine Planning Framework, | ||
(c) the relevant regional spatial and economic strategy, | ||
(d) National Planning Policies and Measures, | ||
(e) National Planning Policy Guidance, | ||
(f) any relevant transport strategy published by the National Transport Authority, | ||
(g) any Opinion on Development Plan Strategy issued by the Office of the Planning Regulator to the planning authority concerned under section 53 , | ||
(h) any recommendations and submissions made by the Minister, the Office of the Planning Regulator, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft development plan or variation, or proposed material alteration thereto, and | ||
(i) the requirements of this Chapter. | ||
(4) Without prejudice to subsection (3), the Office of the Planning Regulator shall, in carrying out an assessment under subsection (1) or (2), consider whether the development plan or development plan as varied, as the case may be, fails to establish an integrated overall strategy for the proper planning and sustainable development of the relevant area in accordance with the requirements of this Act. | ||
(5) In its consideration under subsection (4), the Office of the Planning Regulator shall have regard to whether the development plan or development plan as varied, as the case may be, contains a statement in accordance with the requirements of subsections (2) to (8) of section 43 . | ||
(6) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the development plan or any part or provision thereof should be suspended because it may be materially inconsistent with— | ||
(a) the National Planning Framework, | ||
(b) where the planning authority is a coastal planning authority, the National Marine Planning Framework, | ||
(c) the regional spatial and economic strategy for the relevant region, or | ||
(d) National Planning Policies and Measures, | ||
it may issue a notice to the planning authority, which shall take effect immediately upon issuance and shall— | ||
(i) suspend the effect of the development plan or part or provision thereof concerned pending the completion of the assessment, and | ||
(ii) remain in effect pending the completion of the assessment and— | ||
(I) the issuance by the Office of the Planning Regulator of a draft direction under section 64 , in accordance with a direction of the Minister under paragraph (b) of subsection (14), | ||
(II) the issuance by the Minister of a direction under paragraph (b) of subsection (15) not to issue a draft direction, or | ||
(III) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (11) not to issue a draft direction. | ||
(7) Where the Office of the Planning Regulator issues a notice to a planning authority under subsection (6), it shall on the same day provide a copy of the notice to the Minister and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator. | ||
(8) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)— | ||
(a) shall, where the assessment is being carried out under subsection (2), consult with the chief executive and members of the planning authority, and | ||
(b) may— | ||
(i) require the planning authority to provide, within such period as may be specified by the Office of the Planning Regulator, such information as it considers necessary, and | ||
(ii) consult with any other person it considers necessary. | ||
(9) A planning authority shall furnish the Office of the Planning Regulator with any documentation or additional information that may be requested by the Office of the Planning Regulator, within the period specified in such a request. | ||
(10) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the development plan or development plan as varied, as the case may be— | ||
(a) fails to establish an integrated overall strategy for the proper planning and sustainable development of the relevant area, | ||
(b) is materially inconsistent with— | ||
(i) the National Planning Framework, | ||
(ii) where the planning authority is a coastal planning authority, the National Marine Planning Framework, | ||
(iii) the relevant regional spatial and economic strategy, or | ||
(iv) National Planning Policies and Measures, | ||
(c) departs from any relevant guidance set out in National Planning Policy Guidance and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the area, | ||
(d) departs from any relevant transport strategy of the National Transport Authority and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the area, or | ||
(e) is otherwise in contravention of a requirement of this Act, | ||
it shall make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by— | ||
(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 64 , and | ||
(ii) a statement of reasons for the recommendation. | ||
(11) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria in subsection (10) is met, it shall make a recommendation to the Minister that a draft direction under section 64 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation. | ||
(12) The Office of the Planning Regulator shall notify the planning authority concerned, and where applicable, any planning authority or regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (10) or (11) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections. | ||
(13) Subject to subsections (14) and (15), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (10)— | ||
(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and | ||
(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 64 , whether with or without modifications. | ||
(14) Where the Minister decides under subsection (13) that a draft direction should be issued under section 64 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (13) which of the criteria in paragraphs (a) to (e) of subsection (10) the Minister considers to be met, and | ||
(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 in accordance with the proposed terms for the draft direction under subsection (10), with or without such modifications as may be specified by the Minister in the direction. | ||
(15) Where the Minister decides under subsection (13) that a draft direction should not be issued under section 64 , he or she shall— | ||
(a) identify in the stated reasons provided under paragraph (b) of subsection (13) which of the criteria in paragraphs (a) to (e) of subsection (10) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and | ||
(b) direct the Office of the Planning Regulator not to issue the draft direction. | ||
(16) Where the Minister issues a direction under paragraph (b) of subsection (15) and the Office of the Planning Regulator has issued a notice to a planning authority under subsection (6), the Office of the Planning Regulator shall notify the planning authority concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (6). | ||
(17) A direction issued under paragraph (b) of subsection (15) shall be laid before each House of the Oireachtas by the Minister. |