Ministerial Guidelines
Planning and Development Act
Chapter IV
Guidelines and Directives
Ministerial guidelines.
28.—(1) The Minister may, at any time, issue guidelines to planning authorities regarding any of their functions under this Act and planning authorities shall have regard to those guidelines in the performance of their functions.
F185[(1A) Without prejudice to the generality of subsection (1) and for the purposes of that subsection a planning authority in having regard to the guidelines issued by the Minister under that subsection, shall—
(a) consider the policies and objectives of the Minister contained in the guidelines when preparing and making the draft development plan and the development plan, and
(b) append a statement to the draft development plan and the development plan which shall include the information referred to in subsection (1B).
(1B) The statement which the planning authority shall append to the draft development plan and the development plan under subsection (1A) shall include information which demonstrates—
(a) how the planning authority has implemented the policies and objectives of the Minister contained in the guidelines when considering their application to the area or part of the area of the draft development plan and the development plan, or
(b) if applicable, that the planning authority has formed the opinion that it is not possible, because of the nature and characteristics of the area or part of the area of the development plan, to implement certain policies and objectives of the Minister contained in the guidelines when considering the application of those policies in the area or part of the area of the draft development plan or the development plan and shall give reasons for the forming of the opinion and why the policies and objectives of the Minister have not been so implemented.]
F186[(1C) Without prejudice to the generality of subsection (1), guidelines under that subsection may contain specific planning policy requirements with which planning authorities, regional assemblies and the Board shall, in the performance of their functions, comply.]
F187[(1D) A strategic environmental assessment or an appropriate assessment shall, as the case may require, be conducted in relation to a draft of guidelines proposed to be issued under subsection (1).]
(2) Where applicable, the Board shall have regard to any guidelines issued to planning authorities under subsection (1) in the performance of its functions.
(3) Any planning guidelines made by the Minister and any general policy directives issued under section 7 of the Act of 1982 prior to the commencement of this Part and still in force immediately before such commencement shall be deemed to be guidelines under this section.
(4) The Minister may revoke or amend guidelines issued under this section.
(5) The Minister shall cause a copy of any guidelines issued under this section and of any amendment or revocation of those guidelines to be laid before each House of the Oireachtas.
(6) A planning authority shall make available for inspection by members of the public any guidelines issued to it under this section.
(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, guidelines issued under this section.
Annotations
Amendments:
F185
Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 20, S.I. No. 477 of 2010.
F186
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 20(a), S.I. No. 436 of 2018.
F187
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 20(b), S.I. No. 436 of 2018.
Editorial Notes:
E133
Power pursuant to section exercised (2.01.2001) by Local Government (Planning and Development) General Policy Directive (Shopping) 1998 (Revocation Order) 2001 (S.I. No. 1 of 2001).
E134
Previous affecting provision: subs. (1C) inserted (29.12.2015) by Planning and Development (Amendment) Act 2015 (63/2015), s. 2, commenced on enactment; substituted as per F-note above.
Ministerial policy directives.
29.—(1) The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under this Act and planning authorities shall comply with any such directives in the performance of their functions.
(2) Where applicable, the Board shall also comply with any policy directives issued to planning authorities under subsection (1) in the performance of its functions.
(3) The Minister may revoke or amend a policy directive issued under this section.
(4) Where the Minister proposes to issue, amend or revoke a policy directive under this section, a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.
(5) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.
(6) A planning authority shall make available for inspection by members of the public any policy directive issued to it under this section.
(7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.
Limitation on Ministerial power.
F188[30.—(1) Notwithstanding section 28 or 29 and subject to subsection (2), the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned F189[save as provided for by sections 177X, 177Y, 177AB and 177AC].
F190[(2) Subsection (1) shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020) or transferred (whether before or after the coming into operation of section 5 of the Planning and Development, Heritage and Broadcasting (Amendment) Act 2021) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939.]]
Annotations
Amendments:
F188
Substituted (3.07.2002) by Minister For the Environment and Local Government (Performance of Certain Functions) Act 2002 (24/2002), s. 1, commenced on enactment.
F189
Inserted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 19, S.I. No. 474 of 2011.
F190
Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 5, S.I. No. 279 of 2021.
Modifications (not altering text):
C34
Powers and functions in relation to Act transferred (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3, 4(1) and sch. part 1.
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Environment and Local Government.
(2) References to the Department of Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Environment and Local Government.
4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs —
(a) by or under any of the instruments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,
(b) under the Regulations mentioned in Part 2 of that Schedule, and …
are transferred to the Minister for the Environment and Local Government.
…
Schedule Part 1
Enactments and provisions of enactments, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government
…
Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs (except section 33 (3)(c)))
…
Part 2
Regulations, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government
Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))
…
Ministerial directions regarding development plans.
F191[31.— (1) Where the Minister is of the opinion that—
F192[(a) a planning authority, in making a development plan, a variation of a development plan, a local area plan or an amendment to a local area plan (in this section referred to as a “plan”) has failed to—
(i) implement a recommendation made to the planning authority by—
(I) the Minister under section 12, 13 or 20, or
(II) the Office of the Planning Regulator under section 31AM or 31AO,
or
(ii) take account of any submission or observation made to the planning authority by—
(I) the Minister under section 12, 13 or 20, or
(II) the Office of the Planning Regulator under section 31AM or 31AO,]
(b) in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area,
F193[(ba) a plan is not consistent with—
(i) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, F194[…]
F195[(ia) the National Marine Planning Framework, or]
(ii) specific planning policy requirements specified in guidelines issued by the Minister under subsection (1) of section 28,]
(c) the plan is not in compliance with the requirements of this Act, or
(d) if applicable, having received a submission prepared under section 31C or 31D (inserted by section 95 of the Act of 2008) that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority,
F196[then, subject to compliance with the relevant provisions of sections 31AM and 31AN or sections 31AO and 31AP, as the case may be, the Minister may] in accordance with this section, for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.
(2) Where the Minister issues a direction under this section the planning authority, notwithstanding anything contained in Chapter I or II of this Part, shall comply with that direction and the F197[chief executive] or elected members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
F196[(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a plan is made, issue a notice in writing to a planning authority consequent on a recommendation being made to him or her by the Office of the Planning Regulator under F198[section 31AM(8) or 31AO(7)], as the case may be.]
(4) The notice referred to in subsection (3) shall, for stated reasons, inform the planning authority of—
(a) the forming of the opinion referred to in subsection (1),
(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the planning authority to take certain measures specified in the notice in order to ensure that the plan is in compliance with the requirements of this Act and F199[…] sets out an overall strategy for the proper planning and sustainable development of the area,
(c) those parts of the plan that by virtue of the issuing of the notice under this subsection shall be taken not to have come into effect, been made or amended under subsection (6), and
(d) if applicable, requiring the planning authority to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the Dublin Transport Authority.
F196[(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—
(a) to the chief executive and to the Cathaoirleach of the planning authority concerned,
(b) where there is a regional spatial and economic strategy in force for the area of the planning authority, to the director of the regional assembly concerned,
(c) where it concerns any matter to which Part IIB relates, to the Office of the Planning Regulator, and
(d) where relevant, to the National Transport Authority.]
(6) (a) Notwithstanding section 12(17), 13(11) or 20(4A), a plan shall not have effect in accordance with those sections in relation to a matter contained in the plan which is referred to in a notice under subsection (3).
(b) If a part of a plan proposed to be replaced under section 12, 13 or 20 contains a matter that corresponds to any matter contained in that plan which is referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.
(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the F197[chief executive] of the planning authority shall publish notice of the draft direction in at least one newspaper circulating in the area of the development plan or local area plan, as the case may be, which shall state—
(a) the reasons for the draft direction,
(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and
F196[(c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.]
F196[(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the chief executive shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator F200[, the Minister and, where relevant, the regional assembly concerned].]
(9) The report referred to in subsection (8) shall—
(a) summarise the views of any person who made submissions or observations to the planning authority,
(b) summarise the views of and recommendations (if any) made by the elected members of the planning authority,
(c) summarise the views of and recommendations (if any) made by the F201[regional assembly],
(d) make recommendations in relation to the best manner in which to give effect to the draft direction.
F196[(10) In relation to the notice issued by the Minister under subsection (3), the elected members of the planning authority—
(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and
(b) where so submitted, shall send a copy of it to the Minister.]
(11) F202[…]
(12) F202[…]
(13) F202[…]
(14) F202[…]
(15) F202[…]
F203[(16) Where paragraph (a) of section 31AN(4A), paragraph (a) or (c) of section 31AN(9), paragraph (a) of section 31AP(4A) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.]
(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the plan, or, if appropriate, to constitute the plan.
(18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.
(19) As soon as may be after a direction is issued to a planning authority under subsection (16), the planning authority shall make the direction so issued available for inspection by members of the public, during 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.
F196[(20) The Minister shall—
(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and
(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).]]
Annotations
Amendments:
F191
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 21, S.I. No. 477 of 2010.
F192
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(a), S.I. No. 436 of 2018.
F193
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(b), S.I. No. 436 of 2018.
F194
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 7, S.I. No. 488 of 2022.
F195
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 7, S.I. No. 488 of 2022.
F196
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 27-32, 35, S.I. No. 133 of 2019, art. 2(b).
F197
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 43-48, S.I. No. 436 of 2018.
F198
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(a), commenced on enactment.
F199
Deleted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(b), commenced on enactment.
F200
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(c), commenced on enactment, subject to transitional provision in s. 41(1), not commenced as of date of revision.
F201
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 34-36, S.I. No. 214 of 2014.
F202
Deleted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 33, S.I. No. 133 of 2019, art. 2(b).
F203
Substituted (24.07.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 5(d), commenced on enactment.
F204
Substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(c), not commenced as of date of revision.
Modifications (not altering text):
C35
Prospective affecting provision: subs. (3) substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 21(c), not commenced as of date of revision.
F204[(3) (a) The Minister may, following the making of a recommendation by the Office of the Planning Regulator under subsection (9) of section 31AN or subsection (9) of section 31AP, give a direction under this section to a planning authority in relation to a plan.
(b) The Minister shall, before giving a direction under this section to a planning authority, issue a notice in writing to the planning authority of his or her intention to give such direction and such notice shall not be issued after the expiration of 4 weeks from the making of a plan by the planning authority.]
Editorial Notes:
E135
Previous affecting provision: subs. (16) substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 34, S.I. No. 133 of 2019, art. 2(b); substituted (24.07.2022) as per F-note above.
E136
Previous affecting provision: subss. (5), (8) amended (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 44, 46, S.I. No. 436 of 2018; subsections substituted as per F-note above.
E137
Previous affecting provision: subs. (13)(b), (14) amended (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. nos. 47, 48, S.I. No. 436 of 2018; subsections deleted as per F-note above.
E138
Previous affecting provision: subs. (5) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 32, 33, S.I. No. 214 of 2014; subsection substituted as per F-note above.
E139
Previous affecting provision: subs. (13)(c), (14) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 35, 36, S.I. No. 214 of 2014; subsections deleted as per F-note above.
E140
Previous affecting provision: subs. (1A) inserted and subs. (4) substituted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 92, S.I. No. 574 of 2009; substituted as per F-note above.
F205[
Ministerial directions regarding regional planning strategy.
31A.— (1) Where the Minister is of the opinion that—
(a) a F206[regional assembly], F206[or assemblies], as the case may be, in making the F207[regional spatial and economic strategy] has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the F206[regional assembly] F206[ or assemblies] under section 24 or 26,
F208[(b) the regional spatial and economic strategy fails to provide a long-term strategic planning and economic 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 the economic policies and objectives of the Government,]
(c) the F209[regional spatial and economic strategy is] not in compliance with the requirements of this Act, or
(d) if applicable, in relation to a F210[regional assembly or assemblies] whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,
F211[(e) the Office of the Planning Regulator has issued a notice to the Minister pursuant to section 31AQ(7) in respect of a regional assembly or assemblies, as the case may be,]
F212[then, subject to compliance with the relevant provisions of sections 31AQ and 31AR, the Minister may], in accordance with this section, for stated reasons F213[direct a regional assembly or assemblies], as the case may be, to take such specified measures as he or she may require in relation to that plan.
(2) Where the Minister issues a direction under this section the F214[regional assembly or regional assemblies], as the case may be, notwithstanding anything contained in Chapter III of this Part, shall comply with that direction and the F215[chief executive] or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
F212[(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a regional spatial and economic strategy is made, issue a notice in writing to a regional assembly or regional assemblies, as the case may be, consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AR(9).]
(4) The notice referred to in subsection (3) shall, for stated reasons, inform the F214[regional assembly or regional assemblies], as the case may be, of—
(a) the forming of the opinion referred to in subsection (1),
F216[(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional assembly, or assemblies, as the case may be, to take certain measures specified in the notice in order to ensure that the regional spatial and economic strategy is in compliance with the requirements of this Act and to provide a long-term strategic planning and economic framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,]
(c) the part of the F217[regional spatial and economic strategy] that by virtue of the issuing of the notice shall be taken not to have come into effect, and
(d) if applicable, requiring the F217[regional assembly or assemblies], as the case may be, to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the National Transport Authority.
F218[(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—
(a) to the regional assembly or regional assemblies concerned, as the case may be,
(b) to the Office of the Planning Regulator, and
(c) to the National Transport Authority.]
(6) (a) Notwithstanding anything contained in Chapter III, or any matter prescribed thereunder, F219[a regional spatial and economic strategy] shall not have effect in accordance with that Chapter in relation to a matter contained in F219[the strategy] which is referred to in a notice under subsection (3).
(b) If a part of F219[the strategy proposed] to be replaced under section 26 contains a matter that corresponds to any matter contained in F219[the strategy which is] referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.
(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the director of the F220[regional assembly, or assemblies,] as the case may be, shall publish notice of the draft direction in at least one newspaper circulating in the area of the F220[regional assembly, or assemblies,] as the case may be, which shall state—
(a) the reasons for the draft direction,
(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and
F212[(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly or regional assemblies, as the case may be, during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.]
F212[(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the members of the regional assembly or regional assemblies, as the case may be, the Office of the Planning Regulator and the Minister.]
(9) The report referred to in subsection (8) shall—
(a) summarise the views of any person who made submissions or observations to the F220[regional assembly, or assemblies,] as the case may be,
(b) summarise the views of and recommendations (if any) made by the members of the F220[regional assembly, or assemblies,] as the case may be,
(c) make recommendations in relation to the best manner in which to give effect to the draft direction.
F212[(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—
(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and
(b) where so submitted, shall send a copy of it to the Minister.]
(11) F221[…]
(12) F221[…]
(13) F221[…]
(14) F221[…]
(15) F221[…]
F212[(16) Where paragraph (a) or (c) of section 31AR(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.]
F222[(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the strategy.]
(18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.
(19) As soon as may be after a direction is issued to a F220[regional assembly or assemblies], as the case may be, the authority or authorities shall make the direction so issued available for inspection by members of the public, during 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.
F212[(20) The Minister shall—
(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and
(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).]]
Annotations
Amendments:
F205
Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 22, S.I. No. 477 of 2010.
F206
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 37, S.I. No. 214 of 2014.
F207
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 38, S.I. No. 214 of 2014.
F208
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 39, S.I. No. 214 of 2014.
F209
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 40, S.I. No. 214 of 2014.
F210
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2, part 4 ref. 41, S.I. No. 214 of 2014.
F211
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 36, S.I. No. 133 of 2019, art. 2(b).
F212
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 37-42, 44, 45, S.I. No. 133 of 2019, art. 2(b).
F213
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 42, S.I. No. 214 of 2014.
F214
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 43-46, S.I. No. 214 of 2014.
F215
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 49, S.I. No. 436 of 2018.
F216
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 47, S.I. No. 214 of 2014.
F217
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 48, 49, S.I. No. 214 of 2014.
F218
Substituted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 39, S.I. No. 133 of 2019.
F219
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 51-54, S.I. No. 214 of 2014.
F220
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 55-60, 62, S.I. No. 214 of 2014.
F221
Deleted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 43, S.I. No. 133 of 2019, art. 2(b).
F222
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 61, S.I. No. 214 of 2014.
Modifications (not altering text):
C36
Application of section restricted (15.07.2019) by Local Government Rates and Other Matters Act 2019 (24/2019), s. 23(2), S.I. No. 355 of 2019.
Certain regional spatial and economic strategies
23. …
(2) Section 31A (as, by virtue of subsection (1), it is deemed to operate in relation to a relevant instrument) of the Act of 2000 is amended, in so far only as it applies in relation to a relevant instrument, by—
(a) the substitution, in subsection (3), of “6 weeks” for “4 weeks”,
(b) the substitution—
(i) in paragraph (a) of subsection (10), of “Minister” for “Office of the Planning Regulator”, and
(ii) in paragraph (b) of subsection (10), of “Office of the Planning Regulator” for “Minister”,
(c) in subsection (19), by the substitution of—
(i) “assembly” for “authority” in each place that it occurs,
(ii) “assemblies” for “authorities”, and
(iii) “assembly’s” for “authority’s”, and
(d) the insertion of the following subsection:
“(21) The Minister may, at any time, request the Office of the Planning Regulator to—
(a) advise him or her in relation to any matter in connection with a regional spatial and economic strategy or any report under this section, or
(b) prepare, and submit to the Minister, a report in relation to any such matter, and the Office of the Planning Regulator shall, within such period as the Minister shall specify, comply with that request.”,
and the said section 31A as so amended in relation to a relevant instrument is set out in the Table to this section.
(3) In this section—
“Act of 2000” means the Planning and Development Act 2000;
“Act of 2018” means the Planning and Development (Amendment) Act 2018;
“relevant instrument” means—
(a) a notice in respect of which the functions under subsection (2) of section 24 of the Act of 2000 were performed (in whole or in part) by a regional assembly before 3 April 2019,
(b) a notice or draft regional spatial and economic strategy in respect of which the functions under subsection (4) of the said section 24 were performed (in whole or in part) by a regional assembly before that date, or
(c) any regional spatial and economic strategy made before that date;
“specified amendment” means the amendment of section 31A of the Act of 2000 specified in column (3) of Schedule 1 of the Act of 2018 opposite reference numbers 36, 37, 38, 39, 40, 43, 44 and 45 specified in column (1) of that Schedule.
TABLE
31A. (1) Where the Minister is of the opinion that—
(a) a regional assembly, or assemblies, as the case may be, in making the regional spatial and economic strategy has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the regional assembly or assemblies under section 24 or 26,
(b) the regional spatial and economic strategy fails to provide a long-term strategic planning and economic 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 the economic policies and objectives of the Government,
(c) the regional spatial and economic strategy is not in compliance with the requirements of this Act, or
(d) if applicable, in relation to a regional assembly or assemblies whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,
the Minister may, in accordance with this section, for stated reasons direct a regional assembly or assemblies, as the case may be, to take such specified measures as he or she may require in relation to that plan.
(2) Where the Minister issues a direction under this section the regional assembly or regional assemblies, as the case may be, notwithstanding anything contained in Chapter III of this Part, shall comply with that direction and the chief executive or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.
(3) Before he or she issues a direction under this section, the Minister shall issue a notice in writing to a regional assembly or regional assemblies, as the case may be, no later than 6 weeks after the strategy or strategies are made.
(4) The notice referred to in subsection (3) shall, for stated reasons, inform the regional assembly or regional assemblies, as the case may be, of—
(a) the forming of the opinion referred to in subsection (1),
(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional assembly, or assemblies, as the case may be, to take certain measures specified in the notice in order to ensure that the regional spatial and economic strategy is in compliance with the requirements of this Act and to provide a long-term strategic planning and economic framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,
(c) the part of the regional spatial and economic strategy that by virtue of the issuing of the notice shall be taken not to have come into effect, and
(d) if applicable, requiring the regional assembly or assemblies, as the case may be, to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the National Transport Authority.
(5) The Minister shall furnish a copy of the notice referred to in subsection (3) to the regional assembly, or assemblies, as the case may be, and the National Transport Authority.
(6) (a) Notwithstanding anything contained in Chapter III, or any matter prescribed thereunder, a regional spatial and economic strategy shall not have effect in accordance with that Chapter in relation to a matter contained in the strategy which is referred to in a notice under subsection (3).
(b) If a part of the strategy proposed to be replaced under section 26 contains a matter that corresponds to any matter contained in the strategy which is referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.
(7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the director of the regional assembly, or assemblies, as the case may be, shall publish notice of the draft direction in at least one newspaper circulating in the area of the regional assembly, or assemblies, as the case may be, which shall state—
(a) the reasons for the draft direction,
(b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and
(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly, or assemblies, as the case may be, during such period and shall be taken into consideration by the Minister before he or she directs the regional assembly, or assemblies, as the case may be, pursuant to this section.
(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the Minister and the members of the regional assembly, or assemblies, as the case may be.
(9) The report referred to in subsection (8) shall—
(a) summarise the views of any person who made submissions or observations to the regional assembly, or assemblies, as the case may be,
(b) summarise the views of and recommendations (if any) made by the members of the regional assembly, or assemblies, as the case may be,
(c) make recommendations in relation to the best manner in which to give effect to the draft direction.
(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—
(a) may make a submission to the Minister at any time up to the expiry of the period of time referred to in subsection (7)(b), and
(b) where so submitted, shall send a copy of it to the Office of the Planning Regulator.
(11) The Minister shall consider the report furnished under subsection (8) and any submissions made to him or her under subsection (10) and—
(a) where he or she believes that no material amendment to the draft direction is required, or that further investigation is not necessary in order to clarify any aspect of the report or submissions, he or she may decide, no later than 3 weeks after the date of receipt of the report under subsection (8), for stated reasons—
(i) to issue the direction referred to in subsection (4)(b) with or without minor amendments, or
(ii) not to issue the direction referred to in subsection (4)(b), or
(b) where he or she believes that—
(i) a material amendment to the draft direction may be required, or
(ii) further investigation is necessary in order to clarify any aspect of the report furnished under subsection (8) or submissions made under subsection (10), or
(iii) it is necessary for any other reason,
he or she may, for stated reasons, appoint an inspector no later than 3 weeks after the date of receipt of the report under subsection (8).
(12) The inspector appointed under subsection (11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her functions.
(13) The inspector appointed under subsection (11)(b) having regard to the stated reasons for his or her appointment—
(a) shall review the draft direction, the report furnished under subsection (8) and submissions made under subsection (10),
(b) shall consult with the regional assembly, or assemblies, as the case may be,
(c) may consult with persons who made submissions under subsection (7)(c), and
(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Minister.
(14) Copies of the report of the inspector referred to in subsection (13)(d) shall be furnished as quickly as possible by the Minister to the regional assembly, or assemblies, as the case may be, and persons who made submissions under subsection (7)(c).
(15) The persons who have been furnished with the report of the inspector referred to in subsection (13)(d) may make a submission to the Minister in relation to any matter referred to in the report no later than 10 days after the receipt by them of the report.
(16) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report of the inspector referred to in subsection (13)(d), or any submissions made to him or her under subsection (15), the Minister, having considered the report, recommendations or submissions, as the case may be, shall decide for stated reasons—
(a) to issue the direction referred to in subsection (4)(b),
(b) not to issue the direction referred to in subsection (4)(b), or
(c) to issue the direction referred to in subsection (4)(b), which has been amended by the Minister to take account of any of the matters referred to in subparagraphs (i) or (ii) as the Minister considers appropriate:
(i) recommendations contained in the report of the inspector referred to in subsection (13)(d); or
(ii) any submissions made pursuant to subsection (15).
(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the strategy.
(18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.
(19) As soon as may be after a direction is issued to a regional assembly or assemblies, as the case may be, the assembly or assemblies shall make the direction so issued available for inspection by members of the public, during office hours of the assembly, at the offices of the assembly, and may also make the direction available by placing it on the assembly’s website or otherwise in electronic form.
(20) The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).
(21) The Minister may, at any time, request the Office of the Planning Regulator to—
(a) advise him or her in relation to any matter in connection with a regional spatial and economic strategy or any report under this section, or
(b) prepare, and submit to the Minister, a report in relation to any such matter,
and the Office of the Planning Regulator shall, within such period as the Minister shall specify, comply with that request.
Editorial Notes:
E141
The section heading is taken from the text of the section in the absence of one included in the amendment.
E142
Previous affecting provision: subss. (1), (3), (5), (7)(c), (8), (10) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 47, 48, S.I. No. 214 of 2014; deleted as per F-note above.
E143
Previous affecting provision: subss. (13)(b), (14) amended (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 42, 44, 45, 50, 55, 56, 58, S.I. No. 214 of 2014; substituted as per F-note above.
E144
Previous affecting provision: section amended (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(c), S.I. No. 575 of 2009; substituted as per F-note above.
E145
Previous affecting provision: section inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 93, S.I. No. 574 of 2009; substituted as per F-note above.