Ministerial Directions

Incorporation of Ministerial Guidelines

Guidelines may contain specific planning policy requirements with which planning authorities regional assemblies and Board in the performance of their function must comply. A strategic environmental assessment or appropriate assessment assessment as may be required, shall be conducted in relation to the draft guidelines.

The Minister may issue guidelines to planning authorities regarding their functions under the Planning Act. Planning authorities must have regard to those guidelines in the performance of their functions. The planning authority must consider the policies and objectives of the Minister contained in the guidelines when making the development plan.

It must append a statement to the development plan specifying how it has implemented the policies and objectives in the guidelines. If they form the opinion that it is not possible because of the nature and characteristics of the area concerned to implement certain policies and objectives, they are to give reasons for forming the opinions why the policies and objectives of the Minister have not been so implemented.

Development Plan Directions

The Minister may give directions regarding the development plan and matters to be contained in it. If the Minister is of the opinion that

• the planning authority in making or varying the development plan or a local area plan has failed to implement a recommendation made to the planning authority by the Minister or the planning regulator or take account of submissions and observations made by them or
• the plan fails to set out an overall strategy for the proper planning and sustainable development of the area or
• the plan is not consistent with national and regional development objectives as set out in the national planning framework and the regional spatial economic strategy or specific policy requirements specified in guidelines or
• the plan is not in compliance with the legislation or
• in the greater Dublin area is not consistent with the transport strategy of the National Transport Authority

then the Minister may direct the planning authority to take such measures as he or she may require in relation to that plan.

The planning authority must comply with the direction. The elected members may not exercise their function in a manner that contravenes the direction.

Prior Procedure

Before making a direction, a procedure applies by which the Minister gives notice in writing consequent on a recommendation being made to him or her by the planning regulator. The notice is to inform the planning authority of the above opinion and the intention to issue a direction. Procedures apply.

The notice is to set out certain matters and is to be given to certain officers such as the chief executive and chairman of the authority, the National Transport Authority, the director of the regional assembly and others. The chief executive of the planning authority is to publish notice of the draft direction in a newspaper circulating in the area. It shall state reasons and give details of where it may be inspected. Written submissions may be made.

Within a certain further period, the chief executive is to prepare a report on any submissions and observations received to the elected members. The elected members may make submissions to the planning regulator within a certain period. Ultimately the direction issued by the Minister is deemed to have effect and be incorporated into the development plan or to constitute the plan.

Directions to Regional Assemblies

There are similar provisions regarding directions by the Minister to regional assemblies in making regional spatial and economic strategies. If the Minister is of the opinion that in making the strategy

• the assembly has ignored or has not taken sufficient account of observations made by the Minister or
• the strategy fails to provide a long-term strategic planning and economic framework for the development of the region,
• is not in compliance with legislation or
• does not, in the case of the greater Dublin area, take account of the transport strategy of the National Transport Authority

then the Minister may issue a direction to a regional assembly to take specified measures as required.

Similar provisions apply to proposals to issue a direction as apply in respect of a direction in relation to the development plan. Ultimately the direction is to take effect as incorporated into the regional, spatial and economic strategy and, if appropriate, to replace and constitute the strategy.

DTA

The National Transport Authority has a role in the preparation of the draft development plans by councils and in the regional spatial and economic strategy by regional assemblies. When it is notified of the draft development plan, the NTA must prepare and submit a report on the issues which it believes should be considered.

They are to include transport investment priorities, recommendations on land use and development, maximising performance of the transport system by effective land-use measures to ensure the effective integration of transport and land-use planning.

It shall state whether the draft development plan is consistent with its transport strategy. If it is not consistent, it shall specify what amendments considers necessary to achieve such consistency. Similar provisions apply to a variation of a draft development plan and to the making mending or revocation of a local area plan.

Similar provisions apply in relation to the regional authorities’ spatial and economic strategies.  The National Transport Authority shall assist and cooperate in making arrangements for the preparation of the strategy. The NTA may make submissions in relation to the draft regional spatial economic strategy. In particular, shall consider whether it satisfactorily addresses issues raised in its report.

Minister Transport Input

The NTA may request the Minister to issue guidelines and policy directives.

The Minister may make regulations specifying development including strategic infrastructure development requiring the submission of a transport impact assessment format of the same. Regulations may require that the assessment demonstrated the proposed development is in accordance with the DTA transport strategy.]