Planning Regulator

The Regulator

The  Office of the Planning Regulator was established under the Planning and Development (Amendment) Act 2018. It is an office with its own corporate existence. The office is independent in the performance of its functions.

The planning regulator is appointed by government for terms of five years and must not hold any other office during this period. It is a full -time role. A person may not be appointed more than twice as planning regulator.

There are provisions designed to prevent arbitrary removal from office. A reasons for removal must be laid before the Houses of Oireachtas. se. They may not be members of the Oireachtas, local authorities to hold other offices.

The officer must adopt a code of conduct  to deal with conflicts of interest and promote confidence.  The planning regulator’s office may consist of the three full-time directors as well as staff.

Evaluation and Assessment Functions

OPR is to evaluate and assess —

• development plans, including draft development plans,
• variations of development plans, including proposed variations,
• local area plans, including the amendment or revocation of such plans, and
• regional spatial and economic strategies,

during their preparation and making uin order for the Office to provide observations and recommendations to planning authorities and regional assemblies, as appropriate, on those plans and strategies,

It is in respect of any plan or strategy to which the above 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,

General Functions

OPR is

• to conduct research, including research at the request of the Minister, as to what constitutes proper planning and sustainable development,
• to conduct education and training programmes and research as provided for
• to conduct reviews under Chapter IV of the performance by the Board and by planning authorities of their respective functions,
• to oversee the delivery of effective planning services to the public by planning authorities including having regard to —
• any relevant indicator identified by the National Oversight and Audit Commission or prescribed by the Minister, or  regulations made by the Minister under  the Local Government Act 2001 ,
• to prepare an annual report in accordance  on the performance of its own functions,
• to prepare a strategy statement for the Office in accordance  ,
• to make such observations as it considers appropriate to the Minister, or in its annual reports or otherwise, in relation to planning legislation, including:
• 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  ; and (v) in so far as relates to planning matters
• 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

The office of the regulator shall provide education and training programs for elected members and members of staff of local authorities and regional assemblies in relation to the former’s role as such and in relation to such matters relating to proper planning of sustainable development as the Minister may request such other matters which the office considers our relevance which functions relating to proper planning and sustainable development.

Guiding Policies

The office is to have regard to certain policies and objectives including in particular

• 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,
• 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,
• 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
• the requirements of relevant acts of the European Union, in particular, those relating to —

• • the Environmental Impact Assessment Directive,
  • 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 environment 2 ,
  • the Habitats Directive, and
  •  the Birds Directives

Plan Compliance Assessment

The OPR is to evaluate and assess, at least at a strategic level, development plans and, variations to development plans and all statutory stages of the plan making process to ensure the plans as made address the legislative and policy requirements as set out in the Act. The OPR will submit observations and recommendations at all stages of the development planning process to the relevant planning authority and submit copies to the Minister.

The Local Authority Chief Executive’s report prepared for the elected members in respect of the relevant stages of the development planning process will summarise the issues, outline recommendations and will be web-published. A regional assembly will send a copy of any observations or submissions it makes to a planning authority at all statutory stages of the plan making process to the OPR.

A planning authority shall notify the OPR (within 5 working days) where, in the opinion of the Chief Executive, the planning authority made the plan in such a manner as to be inconsistent with any observations or recommendations made by the OPR, and state the reasons for the decision of the planning authority.

Non-Compliance

Where the OPR is of the opinion that the plan as made does not set out an overall strategy for proper planning and sustainable development, the OPR shall (within 4 weeks of the making of the plan or variation) issue a notice to the Minister with recommendations that the Minister uses his/her powers of ministerial direction to ensure the plan or variation sets out an overall strategy for proper planning and sustainable development and including providing a draft direction.

A copy of the notice issued to the Minister will be made available on the website of the OPR. The Minister either agrees or disagrees with the notice from the OPR. Where the Minister disagrees with the notice from the OPR, the Minister shall state his or her reasons and lay such reasons before the Houses of the Oireachtas and make the stated reasons available on the Department’s website.

In addition a copy of the Minister’s stated reasons will be copied to the OPR and the relevant planning authority and made available on the website of the OPR and of the relevant planning authority. Where the Minister agrees with the notice of the OPR, the Minister will proceed to issue the draft direction under the Planning and Development Act taking account of the draft direction submitted by the OPR.

Amendments & Locals Plans Assessment

The the OPR will evaluate and assess, at least at a strategic level, local area plans and amendment to local area plans at all statutory stages of the plan making process to ensure that the plans as made address the legislative and policy requirements. The OPR will submit observations and recommendations at all stages of the local area planning process to the relevant planning authority and submit copies to the Minister.

The Chief Executive’s report prepared for the elected members in respect of the relevant stages of the local area planning process summarise the issues, outline recommendations and will be web-published. A planning authority shall notify the OPR where, in the opinion of the Chief Executive, the planning authority made the plan in such a manner as to be inconsistent with any observations or recommendations made by the OPR, and state the reasons for the decision of the planning authority.

Where the OPR is of the opinion that the plan as made is inconsistent with the relevant development plan and does not set out an overall strategy for proper planning and sustainable development, the OPR shall (within 4 weeks of the making of the plan or amendment) issue a notice to the Minister with recommendations that the Minister uses his/her powers of ministerial direction to ensure the plan or amendment sets out an overall strategy for proper planning and sustainable development and include providing a draft direction. A copy of the notice issued to the Minister is to be made available on the website of the OPR.

The Minister either agrees or disagrees with the notice from the OPR . Where the Minister disagrees with the notice from the OPR, the Minister shall state his or her reasons and lay such reasons before the Houses of the Oireachtas and make them available on the Department’s website. In addition a copy of the Minister’s stated reasons will be copied to the OPR and the relevant planning authority and made available on the website of the OPR and the relevant planning authority.

Where the Minister agrees with the notice of the OPR, the Minister will proceed to issue the draft direction under section 31 of the Planning  and Development Act taking account of the draft direction submitted by the OPR. The Bill sets out detailed procedures that ensue.

Assessment of Strategies

The OPR will evaluate and assess at a strategic level, regional spatial and economic strategies at all stages of the strategy making process to ensure that the strategies as made address the legislative and policy requirements. The OPR will submit observations and recommendations at all stages of the regional spatial and economic strategy process to the relevant regional assembly and submit copies to the Minister.

The Report of the Regional Assembly Director, prepared for the members in respect of the relevant stages of the regional strategy process, will:

• summarise the issues raised in the submissions / recommendations made by OPR,

• outline the recommendations of the Director in relation to the manner in which those issues and recommendations should be addressed,  taking account of 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, in accordance with the principles of proper planning and sustainable development, and

• be made available on the website of the regional assembly.

A regional assembly shall notify the OPR where, in the opinion of its Director, the regional assembly made the strategy in such a manner as to  be inconsistent with any observations or recommendations made by the OPR, and state the reasons for the decision of the regional assembly.

Non-Compliance of Strategy

Where the OPR is of the opinion that the strategy as made does not set out a strategy that is in compliance with the Planning Act, and is inconsistent with the National Planning Framework 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.

The OPR shall (within 4 weeks of the making of the strategy) issue a notice to the  Minister with recommendations and that the Minister uses his/her powers of ministerial direction to ensure the strategy sets out a long-term strategic planning framework for the development of the region in accordance with the principles of proper planning and sustainable development and include providing a draft direction. A copy of the notice issued to the Minister will be made available on the website of the OPR.

The Minister either agrees or disagrees with the notice from the OPR and where the Minister disagrees with the notice from the OPR, the Minister shall state his or her reasons and lay such reasons before the Houses of the Oireachtas and make the reasons available on the Department’s website. In addition,a copy of the Minister’s stated reasons will be copied to the OPR and the relevant regional assembly and made available on the website of the OPR and the relevant regional assembly.

Where the Minister agrees with the notice of the OPR, the Minister will proceed to issue the draft direction under the Planning and Development Act. The Bill sets out detailed procedures that ensue.

Authority or Board Review

The OPR may conduct a review of a planning authority or An Bord Pleanála in respect of their systems and procedures used in the performance of their functions under the Planning and Development Act. An authorised person may be appointed for the purposes of a review. The planning authority under review, the Board or the Minister may make a submission or observation on a draft review report received from the OPR and the OPR has to review any submission of observations made before finalising a review report which has to be published on the OPR website.

A recommendation relating to a planning authority in the review report may include a recommendation that the Minister consider exercising his or her function under the following:

• to issue section 28 guidelines
• to issue a section 29 policy directive
• to give a directive
• 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.

The Minister may request the OPR to undertake a review of the organisation and the systems and procedures used by a planning authority in relation to the performance of functions where the Minister has formed the opinion that a planning authority –

• may not be carrying out its functions in accordance with the requirements under this Act
• is not in compliance with guidelines issued under section 28, a directive issued under section 29, or a direction issued under section 31

• may be applying inappropriate standards of administrative practice or otherwise contrary to fair or sound administration in the conduct of its functions

• may be applying systemic discrimination in the conduct of its functions

• may be operating in a manner whereby there is impropriety or risks of corruption in the conduct of its functions, or

• may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions.

Complaints about Planning Authority

The OPR may examine complaints made by any person to the Office or where requested by 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 the Act.

It also provides that where the OPR has formed the opinion, having carried out a preliminary examination of such a complaint, that an examination into the complaint would be warranted and the planning authority concerned:

• may not be carrying out its functions in accordance with the Act
• is not in compliance with guidelines, a directive or a direction
• may be applying inappropriate standards of administrative practice or otherwise contrary to fair or sound administration
• may be applying systemic discrimination
• may be operating in a manner whereby there is impropriety or
• the risk of corruption or there are serious diseconomies or inefficiencies in the conduct of its functions

then the OPR shall prepare a report on the preliminary examination, including any recommendations, and the OPR shall as it considers appropriate in the circumstances submit the report, to the planning authority or the Minister or to both, or to one or more of the following:

• the Ombudsman
• the Standards in Public Office Commission
• the Garda Síochána
• such other State authority as may be prescribed.

Outcome

A recommendation by the OPR in a preliminary examination report relating to a planning authority may include a recommendation that the Minister consider exercising his or her functions on:

• issuing guidelines, a policy directive or directive under the Planning Act;

• appointing a Commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority under the Planning Act.

The OPR may also, having carried out a preliminary examination, cease to examine the complaint. The OPR may also, decide not to carry out an examination of a complaint.

Powers

Information, records or documents are to be made available to the OPR as part of a review or examination. There is a duty on a planning authority or the Board and their staff to comply with requests for information and records and cooperate with the OPR.

The OPR may appoint an authorised person to carry out a review or examination and the planning authority or the Board shall supply such information relating to the performance of its functions as he or she may from time to time request. The Act provides powers to an authorised person 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 to 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 may reasonably require and shall have access to all documents, records or information which he or she may reasonably require.

Any person who obstructs or impedes or refuses to comply with a request of the OPR or an authorised person acting in the exercise of the functions conferred 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. Summary proceedings for an offence  may be brought by the OPR.