National Framework
Planning and Development Act
F159[Chapter IIA
National Planning Framework
]
Annotations
Amendments:
F159
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
F160[National Planning Framework
20A. The National Spatial Strategy, as amended having regard to the provisions of this Chapter including any document published by the Government which amends or replaces that Strategy or such subsequent document, shall be known as the National Planning Framework.]
Annotations
Amendments:
F160
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
F161[
Objective of National Planning Framework
20B. The objectives of the National Planning Framework are—
(a) to establish a broad national plan for the Government in relation to the strategic planning and sustainable development of urban and rural areas,
(b) to secure balanced regional development by maximising the potential of the regions, and support proper planning and sustainable development, and
(c) to secure the co-ordination of regional spatial and economic strategies and city and county development plans.]
Annotations
Amendments:
F161
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
F162[
Matters to be addressed in National Planning Framework
20C. (1) Any document, published after the commencement of this Chapter, that amends or replaces the National Spatial Strategy or thereafter revises or replaces the National Planning Framework shall address the matters set out in subsection (2)—
(a) for the purposes of the objectives of the National Planning Framework, and
(b) in respect of a period that is not less than 10 years nor more than 20 years after such publication or in any revision or replacement of the National Planning Framework.
(2) The matters referred to in subsection (1) are as follows:
(a) the identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing and commercial development requirements;
(b) the indication of national infrastructure priorities to address the strategic development requirements referred to in paragraph (a) as regards transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, health care, retail, cultural and recreational facilities;
(c) the promotion of co-ordination of development between the terrestrial and marine sectors, having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning4, and of any measures taken by the State to give effect to that Directive;
(d) the conservation of the environment and its amenities, including the landscape and archaeological, architectural and natural heritage;
(e) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to reduce anthropogenic greenhouse gas emissions and to address the necessity of adaptation to climate change;
(f) the documents to which subsection (3) relates.
(3) The National Planning Framework shall—
(a) have regard to the document entitled “EDSP – European Spatial Development Perspective Towards Balanced and Sustainable Development of the Territory of the European Union” which was adopted on 11 May 1999 at Potsdam at the close of an Informal Council of EU Ministers responsible for spatial planning in Member States at Potsdam, 10 and 11 May 1999, and
(b) shall take account of the provisions of the Regional Development Strategy 2035 published by the Northern Ireland Department for Regional Development and any document that amends or replaces a document to which this paragraph relates.
(4) The Government shall prepare and publish the National Planning Framework and keep its implementation under review.
(5) Every 6 years after the date of publication of the National Planning Framework, the Government shall either—
(a) revise the Framework or replace it with a new one, or
(b) publish a statement explaining why the Government has decided not to revise the Framework and include in the statement an indication of a date by which it will be revised or a new National Planning Framework will be published.
(6) Provision shall be made by the Minister for public consultation in the preparation of a new or revised National Planning Framework including arrangements for consultation with—
(a) regional assemblies,
(b) local authorities,
(c) the Board,
(d) bodies prescribed under planning regulations for the purposes of public consultation on plan-making, and
(e) the Northern Ireland Department for Regional Development, where that Department agrees to such consultation being undertaken with it.
(7) The preparation of the National Planning Framework shall be subject to the provisions of relevant EU Environmental Directives including the Strategic Environmental Assessment (SEA) and Habitats (Appropriate Assessment) Directive.
(8) The Government shall submit the draft of the revised or new National Planning Framework, together with the Environmental Report and Appropriate Assessment Report for the approval of each House of the Oireachtas before it is published.
(9) In preparing or revising the National Planning Framework, the Government shall have regard to any resolution or report of, or of any committee of, the Oireachtas that is made, during the period for consideration, as regards the proposed strategy or, as the case may be, the Framework as proposed to be revised.]
Annotations
Amendments:
F162
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(1), S.I. No. 436 of 2018.
4 OJ No. L257 of 28.8.2014, p. 135
F163[Chapter III
Regional Spatial and Economic Strategy
]
Annotations
Amendments:
F163
Chapter substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Annotations
Editorial Notes:
E100
Functions and powers of a regional assembly under Chapter specified (1.01.2015) by Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014), arts. 20-40, in effect as per art. 3.
F164[
Power to make regional spatial and economic strategy
21. (1) A regional assembly—
(a) may make a regional spatial and economic strategy—
(i) after consultation with the planning authorities within its region, or
(ii) in the case of the regional assemblies in respect of the GDA, after consultation with the planning authorities within their regions and the NTA,
or
(b) shall make a regional spatial and economic strategy, at the direction of the Minister.
(2) A regional spatial and economic strategy may be made for a whole region or for one or more parts of a region, but where there are regional assemblies in respect of the GDA shall, in the case of the GDA, be made jointly by such regional assemblies.
(3) (a) The Minister may direct one or more regional assemblies to make a regional spatial and economic strategy in respect of the combined area of the regional assemblies involved or in respect of any particular part or parts of the area which lie within the area of those regional assemblies.
(b) Where it is proposed to make a regional spatial and economic strategy pursuant to a direction under paragraph (a), the regional assemblies concerned shall make whatever arrangements they see fit to prepare such strategy, including the carrying out of their functions under this Chapter as a joint function of the assemblies concerned, and this Chapter shall be construed accordingly.
(4) Notwithstanding any other provision of this Act, the regional planning guidelines prepared by a dissolved regional authority and published in respect of the period 2010 to 2022, shall continue to have effect as if made under this Part until a regional spatial and economic strategy is prepared and adopted by the regional assembly concerned.
(5) The Minister may make regulations concerning the making of regional spatial and economic strategies and related matters.]
Annotations
Amendments:
F164
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Editorial Notes:
E101
Power pursuant to section exercised (25.03.2009) by Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009).
E102
Power pursuant to section exercised (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003).
E103
Previous affecting provision: subss.(1) and (2) substituted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 88, S.I. No. 574 of 2009; substituted as per F-note above.
F165[
Co-operation of planning authorities with regional assembly
22. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the strategy.
(2) (a) A planning authority shall assist and co-operate with a regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional assembly and planning authorities concerned shall agree on the provision of such assistance based on the proportion of the population of the area for which the regional spatial and economic strategies are prepared who are resident in the functional areas of the planning authorities concerned.
(c) In the absence of agreement under paragraph (b), a regional assembly may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional spatial and economic strategies is prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.]
Annotations
Amendments:
F165
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F166[
Co-operation of public bodies with regional assemblies
22A. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with—
(a) each public body, and
(b) any body or bodies under the aegis of a public body in respect of which, in the opinion of the regional assembly, consultation with is of relevance for the purpose of making the regional spatial and economic strategy or reviewing an existing strategy.
(2) The public body shall assist and co-operate as far as practicable with the regional assembly in the preparation of the strategy and thereafter supporting its implementation.
(3) Each public body shall consult with the regional assemblies, as appropriate, when preparing its own strategies, plans and programmes and so as to ensure that they are consistent, as far as practicable, with national and regional objectives set out in the F167[National Planning Framework] and regional spatial and economic strategies.
(4) Where the Minister is of the opinion that consultation between a regional assembly and a body under the aegis of a public body would be of relevance—
(a) for the purpose of making, by the regional assembly, of the regional spatial and economic strategy or reviewing an existing strategy, or
(b) for the purpose of subsection (3), were the body a public body,
then the Minister may so declare such body to be a public body for the purposes of consultation under this section and regulations may be made either generally or in respect of one or more than one regional assembly.
(5) In this section “public body” means—
(a) the Minister,
(b) the Minister for Finance,
(c) the Minister for Public Expenditure and Reform,
(d) the Minister for Jobs, Enterprise and Innovation,
(e) the Minister for Communications, Energy and Natural Resources,
(f) the Minister for Agriculture, Food and the Marine,
(g) the Minister for Transport, Tourism and Sport,
(h) the Minister for Health,
(i) the Minister for Education and Skills,
(j) the Minister for Foreign Affairs and Trade,
(k) a body under the aegis of a public body (including a public body pursuant to this paragraph) to which subsection (4) relates.]
Annotations
Amendments:
F166
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F167
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 4, S.I. No. 436 of 2018.
F168[
Content and objectives of regional spatial and economic strategy
23. (1) (a) The objective of regional spatial and economic strategies shall be to support the implementation of the F169[National Planning Framework] and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the F169[National Planning Framework] and the economic policies or objectives of the Government.
(b) The planning and economic framework referred to in paragraph (a) shall consider the future development of the region for which the strategy is prepared for a period of not less than 12 years and not more than 20 years.
(2) The regional spatial and economic strategy shall, for the whole of the region to which the strategy relates and in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government, address the following matters:
(a) any policies or objectives for the time being of the Government or any Minister of the Government, or any policies contained in the F169[National Planning Framework] in relation to national and regional population targets;
(b) in respect of regional economic strategy—
(i) enabling the conditions for creating and sustaining jobs,
(ii) enhancing overall regional economic performance by identifying regional strengths and opportunities having regard to economic and employment trends and the means of maintaining and augmenting regional economic performance,
(iii) proposals for augmenting the economic performance of the region across all relevant economic sectors including, in particular, the foreign direct investment, indigenous industry, small and medium enterprise, tourism, agriculture, forestry, marine and other natural resource sectors,
iv) enhancing regional innovation capacity, including investment in research and development capacity, technology transfer between third level education and enterprise, and up-skilling and re-skilling,
(v) identifying the regional attributes that are essential to enhancing regional economic performance, including—
(I) the quality of the environment,
(II) the qualities of cities, towns and rural areas,
(III) the physical infrastructure, and
(IV) the social, community and cultural facilities,
and
(vi) proposals to maintain or augment, or both, the attributes referred to in subparagraph (v) in such manner as will be implemented under the strategy through the activities of relevant public bodies, private sector investment and the community;
(c) in respect of regional spatial strategy and taking account of the economic dimension of the strategy—
(i) the location of employment, industrial and commercial development,
(ii) the location of retail development,
(iii) the location of housing,
(iv) the provision of transportation, including public transportation, water services, energy and communications networks and waste management facilities,
(v) the provision of educational, healthcare, sports and community facilities,
(vi) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage,
(vii) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000, and
(viii) the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change;
(d) in respect of the evaluation and reporting of the regional spatial and economic strategy, the monitoring and reporting arrangements required to measure progress in addressing the matters referred to in this subsection.
(3) In preparing its regional spatial and economic strategy a regional assembly shall—
(a) ensure that the strategy is, in particular, consistent with—
(i) this Chapter and any regulations made under it,
(ii) national economic policy as set out in relevant government strategies,
(iii) national planning policy as set out in the F169[National Planning Framework],
F170[(iiia) the National Marine Planning Framework, in circumstances where the strategy is likely to affect the maritime area,]
(iv) any relevant directives, policies or guidelines issued by the Minister under the Planning and Development Acts 2000 to 2014,
(v) any direction by the Minister in respect of such programmes, policies and guidelines of any Minister of the Government (including the Minister) requiring a regional assembly to have regard to, and
(vi) the relevant plans and strategies of public bodies to which section 22A relates and of any other body prescribed by the Minister for the purposes of this section,
(b) consult with the public bodies to which section 22A relates in such manner and to such extent as the Minister may direct in writing, and
(c) co-ordinate the development of its regional spatial and economic strategy in a manner that is, to the greatest extent possible, consistent with the policies of the public bodies to which section 22A relates.
(4) Where the Minister is of the opinion that the adoption of any provision of a draft regional spatial and economic strategy would be inconsistent with Government policy, then the Minister may, after consultation with such other Minister of the Government (if any) as the Minister considers necessary in the circumstances, direct a regional assembly not to adopt the draft strategy with those provisions in it or incorporate appropriate amendments to ensure consistency with the policies and objective of the Government, and the regional assembly concerned shall act accordingly.
(5) The Minister may, for the purposes of giving effect to 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 1, by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional spatial and economic strategies.
(6) An appropriate assessment of a draft regional spatial and economic strategy shall be carried out in accordance with Part XAB.
(7) (a) When making a regional spatial and economic strategy the regional assembly shall take account of the proper planning and sustainable development of the whole of the region to which the strategy relates, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic and planning policies.
(b) When making a regional spatial and economic strategy which affects the Gaeltacht, the regional assembly shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.
(c) When making a regional spatial and economic strategy the regional assemblies in respect of the GDA shall ensure that the strategy is consistent with the transport strategy of the NTA.
(8) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional spatial and economic strategies and regional assemblies shall have regard to those guidelines.]
Annotations
Amendments:
F168
Substituted (1.06.2014) by Local Government Reform Act 2014, s. 63(1), S.I. No. 214 of 2014.
F169
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. nos. 5-7, S.I. No. 436 of 2018.
F170
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 6, S.I. No. 488 of 2022.
Modifications (not altering text):
C33
“National Spatial Strategy: 2002—2020” declared to be of relevance to the determination of strategic planning policies under subs. (4)(a) (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003), reg. 4.
Specification of National Spatial Strategy as being of relevance to strategic planning policies.
4. In accordance with the provisions of section 23 (4)(a) of the Act, the “National Spatial Strategy: 2002 — 2020” published by Government on 28 November 2002 is hereby specified to be of relevance to the determination of strategic planning policies.
Editorial Notes:
E104
Power pursuant to subs. (3) exercised (3.05.2011) by Planning and Development (Strategic Environmental Assessment) (Amendment) Regulations 2011 (S.I. No. 201 of 2011).
E105
Power pursuant to section exercised (25.03.2009) by Planning and Development (Regional Planning Guidelines) Regulations 2009 (S.I. No. 100 of 2009).
E106
Power pursuant to subs. (3) exercised (21.07.2004) by Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004).
E107
Power pursuant to section exercised (1.05.2003) by Planning and Development (Regional Planning Guidelines) Regulations 2003 (S.I. No. 175 of 2003).
E108
Previous affecting provision: subs. (1)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.
E109
Previous affecting provision: subs. (2)(a) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.
E110
Previous affecting provision: paras. (2)(j)(k)(l) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(a) and (b), S.I. No. 477 of 2010; substituted as per F-note above.
E111
Previous affecting provision: subs. (3) substituted (14.07.2004) by European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004), reg. 7; substituted as per F-note above.
E112
Previous affecting provision: subs. (3A) inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 14(c), S.I. No. 475 of 2011; substituted as per F-note above.
E113
Previous affecting provision: para (4)(c) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 89, S.I. No. 574 of 2009; substituted as pe F-note above.
1 OJ No. L197, 21.7.2001 p.30-37
F171[
Consultation regarding regional spatial and economic strategy
24.(1) As soon as may be after agreeing any necessary arrangements under section 21, a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.
(2) A notice under subsection (1) shall be given to the Minister, F172[the Office of the Planning Regulator,] the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall—
(a) state that the regional assembly intends to make a regional spatial and economic strategy,
(b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23,
(c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).
(3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.
(4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be—
(a) send notice and copies of the draft strategy to the Minister, F172[the Office of the Planning Regulator,] the Board, the prescribed authorities in its area, and
(b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.
(5) A notice under subsection (4) shall state—
(a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and
(b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.
(6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F, and
(b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F, a statement of the reasons for that course of action.
(7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF, and
(b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.
(8) (a) Subject to paragraphs (b) and (e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.
(b) The regional assembly shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional spatial and economic strategy.
(c) The director of the regional assembly, not later than 2 weeks after a determination under paragraph (b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b).
(d) The regional assembly shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.
(e) The notice referred to in paragraph (d) shall state—
(i) that a copy of any proposed material amendment and of any determination by the regional assembly that an assessment referred to in paragraph (b) is required may be inspected at a stated place or places and at stated times, and on the assembly’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and
(ii) that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (b) and made to the regional assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.
(f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.
(9) Following the consideration of submissions or observations under subsection (8), and subject to section 25, the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.
(10) A minor modification referred to in subsection (9) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.
(11) (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.
(b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).]
Annotations
Amendments:
F171
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F172
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. nos. 21, 22, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E114
Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).
E115
Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).
E116
Power pursuant to section exercised (3.06.2011) by Planning and Development (Amendment) Regulations 2011 (S.I. No. 262 of 2011).
E117
Power pursuant to section exercised (31.03.2007) by Planning and Development (No. 2) Regulations 2007 (S.I. No. 135 of 2007).
E118
Power pursuant to section exercised (21.12.2006, 31.01.2007 and 31.03.2007) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E119
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
E120
Previous affecting provision: subs. (5A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 90, S.I. No. 574 of 2009; substituted as per F-note above.
E121
Previous affecting provision: subs. (5B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(a), S.I. No. 575 of 2009; substituted as per F-note above.
E122
Subs. (6) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.
E123
Subss. (6A) and (6B) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 15, S.I. No. 477 of 2010; substituted as per F-note above.
E124
Previous affecting provision: power pursuant to section exercised (1.11.2000) by Planning and Development Regulations 2000 (S.I. No. 350 of 2000), revoked (21.01.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001), reg. 4 and sch. 1.
F173[
Procedure for making regional spatial and economic strategy
25. (1) As part of the consultation between a regional assembly and the relevant planning authorities under section 22, the regional assembly and the planning authorities concerned shall agree on a procedure for preparing and making the regional spatial and economic strategy under section 24.
(2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the strategy.
(3) The authorities and assemblies concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft regional spatial and economic strategy, considering submissions or observations under section 24, and drawing up reports in respect of the strategy.
(4) When the regional assemblies in respect of the GDA make a regional spatial and economic strategy they shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31G, and
(b) where the regional assemblies do not propose to address, or propose only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31G, a statement of the reasons for that course of action.
(5) When a regional assembly (other than the regional assemblies in respect of the GDA) makes a regional spatial and economic strategy it shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—
(a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31GG, and
(b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31GG, a statement of the reasons for that course of action.
(6) The making of a regional spatial and economic strategy under section 24(8) shall be a matter for the members of the regional assembly concerned, following the consideration of any report or reports from the committees referred to in subsection (2).]
Annotations
Amendments:
F173
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Editorial Notes:
E125
Previous affecting provision: subs. (3A) inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 91, S.I. No. 574 of 2009; substituted as per F-note above.
E126
Previous affecting provision: subs. (3B) inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), ss. 44(1)(b), S.I. No. 575 of 2009; substituted as per F-note above.
F174[
Reports on regional spatial and economic strategy
25A. (1) In respect of the regional spatial and economic strategy of a regional assembly, the public bodies to which section 22A relate and each local authority within the regional assembly area shall, every 2 years, prepare and submit a report to the assembly setting out progress made in supporting objectives, relevant to that body, of the strategy.
(2) Each regional assembly shall, every 2 years, prepare a report (in this section referred to as a monitoring report) monitoring progress made in implementing the regional spatial and economic strategy.
(3) The monitoring report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to the public bodies to which section 22A relates.
(4) The regional assembly concerned shall submit its monitoring report to the National Oversight and Audit Commission.
(5) The National Oversight and Audit Commission shall consider the monitoring report of each regional assembly and may make recommendations to the Minister in relation to relevant measures to further support the implementation of the regional spatial and economic strategy concerned.]
Annotations
Amendments:
F174
Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F175[
Review of regional spatial and economic strategy
26. (1) Where a regional assembly has made a regional spatial and economic strategy, it shall, not later than 6 years after the making of such a strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy or make a new regional spatial and economic strategy.
(2) Before a regional assembly revokes a strategy referred to in subsection (1) (other than for the purpose of making a new regional spatial and economic strategy), it shall consult with the planning authorities within its region.
(3) Where the regional assembly makes a new regional spatial and economic strategy, it shall follow the procedures laid down in sections 22, 24 and 25.
(4) Where a new strategy is made under subsection (1), it shall supersede any previous regional spatial and economic strategy.]
Annotations
Amendments:
F175
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1). S.I. No. 214 of 2014.
F176[
Regional spatial and economic strategy and development plans
27. (1) A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area.
(2) The Minister may, by order, determine that planning authorities shall comply with any regional spatial and economic strategy in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional spatial and economic strategy in force for the area.
(3) An order under subsection (2) may relate—
(a) generally to every regional spatial and economic strategy,
(b) to one or more than one specified strategy, or
(c) to specific elements of each strategy.
(4) Following the making of a regional spatial and economic strategy for its area, each planning authority shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional spatial and economic strategy.
(5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional spatial and economic strategy after 6 years from the making of such strategy.
(6) The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional assembly in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be.]
Annotations
Amendments:
F176
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
Editorial Notes:
E127
Previous affecting provision: subs. (1) amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 16(a), S.I. No. 477 of 2010; substituted as per F-note above.
E128
Previous affecting provision: subs. (6) inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 16(b), S.I. No. 477 of 2010; substituted as per F-note above.
F177[
Report of regional assembly for preparation of draft development plan
27A. (1) Where a regional assembly receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2).
(2) Submissions or observations made by a regional assembly under section 11(2) shall contain a report on matters that, in the opinion of the regional assembly, require consideration by the planning authority concerned in making the development plan.
(3) The submissions or observations and report of the regional assembly shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates:
(a) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to—
(i) promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional spatial and economic strategy, and
(ii) assisting in drafting the core strategy of the draft development plan;
(b) the objectives of providing physical, economic or social infrastructure in a manner that promotes F178[regional development through maximising the potential of the regions];
(c) planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and
(d) collaboration between the planning authority and the regional assembly in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.
(4) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.]
F179[(5) A regional assembly shall send a copy of any report under this section to the Office of the Planning Regulator.]
Annotations
Amendments:
F177
Substituted (1.06.2014) by Local Government Reform Act (1/2014), s. 63(1), S.I. No. 214 of 2014.
F178
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. no. 8, S.I. No. 436 of 2018.
F179
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 23, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E129
Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 17, S.I. No. 477 of 2010; substituted as per F-note above.
F180[
Role of regional assembly in making of development plan
27B. (1) Where a regional assembly receives a notice from a planning authority under section 12(1) it shall prepare submissions and observations for the purposes of section 12(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the draft development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the submission or observations and the report to the Minister F181[and the Office of the Planning Regulator].
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.]
Annotations
Amendments:
F180
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F181
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 24, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E130
Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 18, S.I. No. 477 of 2010; substituted as per F-note above.
F182[
Role of regional assembly in variation of development plan
27C. (1) Where a regional assembly receives a notice from a planning authority under section 13(1) it shall prepare submissions and observations for the purposes of section 13(2).
(2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.
(3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.
(4) The regional assembly shall send a copy of the report to the Minister F183[and the Office of the Planning Regulator].
(5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.]
Annotations
Amendments:
F182
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(1), S.I. No. 214 of 2014.
F183
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 5 and sch. 1 ref. no. 25, S.I. No. 133 of 2019, art. 2(b).
Editorial Notes:
E131
Previous affecting provision: section inserted (30.11.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 19, S.I. No. 477 of 2010; substituted as per F-note above.
F184[Modification of role of regional assembly having regard to Covid-19
27D. (1) Where a regional assembly receives a notice from a planning authority under section 11D(3) it shall prepare submissions and observations for the purposes of that provision.
(2) The regional assembly shall send a copy of the submissions and observations to the planning authority concerned, the Minister and the Office of the Planning Regulator.
(3) This section shall cease to have effect on 1 January 2024.]
Annotations:
Amendments:
F184
Inserted (16.07.2021) by Planning and Development (Amendment) Act 2021 (18/2021), s. 5, S.I. No. 365 of 2021.
Editorial Notes:
E132
The section heading is taken from the amending section in the absence of one included in the amendment.
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.
PART IIA
DTA and Land Use Provisions.
DTA role in preparation of draft development plan.
31B.— (1) Where a notice is received by the DTA under section 11(2) it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in the review of its existing development plan and the preparation of a new development plan.
(2) The report under subsection (1) shall address, but shall not be limited to—
(a) the transport investment priorities for the period of the development plan,
(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,
(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and
(d) recommendations on the matters to be addressed in the development plan to ensure the effective integration of transport and land use planning. ]
Annotations
Amendments:
F223
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F224[ DTA role in making of development plan.
31C.— (1) Where a notice is received by the DTA under section 12(1) it shall, as part of any written submission on the draft development plan, state whether, in its view, the draft development plan is—
(a) consistent with its transport strategy, or
(b) not consistent with its transport strategy and in such case what amendments to the draft plan it considers necessary to achieve such consistency.
(2) The DTA shall send copies of a submission prepared under this section to the Minister and the Minister for Transport. ]
Annotations
Amendments:
F224
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F225[ DTA role in variation of development plan.
31D.— (1) Where a notice is received by the DTA under section 13(2) it shall, as part of any written submission on the proposed variation, state whether, in its view, the proposed variation is—
(a) consistent with its transport strategy, or
(b) not consistent with its transport strategy and in such case what amendments to the proposed variation it considers necessary to achieve such consistency.
(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport. ]
Annotations
Amendments:
F225
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F226[ DTA role in the making, amending or revoking of local area plans by planning authorities.
31E.— (1) Where a notice is received by the DTA under section 20(3)(a)(i), it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in making, amending or revoking a local area plan.
(2) The report under subsection (1) shall address, but shall not be limited to—
(a) the transport investment priorities for the period of the local area plan,
(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,
(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and
(d) recommendations on the matters to be addressed in the local area plan to ensure the effective integration of transport and land use planning. ]
Annotations
Amendments:
F226
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F227[ Co-operation of DTA with regional authorities.
31F.—F228[(1) Where the regional assemblies in respect of the GDA intend to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, they shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.]
F229[(2) The NTA shall assist and co-operate with the regional assemblies in respect of the GDA in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.]
F230[(3) (a) In carrying out its function under subsection (2), the NTA shall prepare and submit to the regional assemblies, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assemblies in making a regional spatial and economic strategy.]
(b) The report prepared under paragraph (a) shall address, but shall not be limited to—
(i) the transport investment priorities for the period of the F231[regional spatial and economic strategy],
(ii) the scope, if any, to maximise the performance of the transport system by effective land use planning,
(iii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and
(iv) recommendations on the matters to be addressed in the F231[regional spatial and economic strategy] to ensure effective integration of transport and land use planning. ]
Annotations
Amendments:
F227
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F228
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 63, S.I. No. 214 of 2014.
F229
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 64, S.I. No. 214 of 2014.
F230
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 65, S.I. No. 214 of 2014.
F231
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 refs. 66, 67, S.I. No. 214 of 2014.
F232[Co-operation and further provisions relating to regional spatial and economic strategy
31FF. (1) Where a regional assembly (other than the regional assemblies in respect of the GDA) intends to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, it shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.
(2) The NTA shall assist and co-operate with the regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.
(3) In carrying out its functions under subsection (2), the NTA shall prepare and submit to the regional assembly, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assembly in making a regional spatial and economic strategy.]
Annotations
Amendments:
F232
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 63(2), S.I. No. 214 of 2014.
Editorial Notes:
E146
Previous affecting provision: section inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(d), S.I. No. 575 of 2005; substituted as per F-note above.
F233[ DTA role in preparation of draft regional planning guidelines.
31G.—F234[(1) Where a notice is received by the NTA under section 24(4) it shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the draft regional spatial and economic strategy is—
(a) consistent with its transport strategy, or
(b) not consistent with its transport strategy and in such case what amendments to the draft regional spatial and economic strategy it considers necessary to achieve such consistency.]
(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport. ]
Annotations
Amendments:
F233
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F234
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 68, S.I. No. 214 of 2014.
F235[NTA submission
31GG.— F236[(1) Where a notice is received by the NTA under section 24(4) from a regional assembly (other than the regional assemblies in respect of the GDA) the NTA shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the matters raised by it in its report under section 31FF are—
(a) satisfactorily addressed in the draft regional spatial and economic strategy, or
(b) not satisfactorily addressed in the draft regional spatial and economic strategy.]
F237[(2) Where in the context of subsection (1) (b) the NTA makes a submission, it shall indicate what amendments to the draft regional spatial and economic strategy it considers should be made to ensure effective integration of transport and land use planning.]
(3) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.]
Annotations
Amendments:
F235
Inserted (4.01.2010) by Public Transport Regulation Act 2009 (37/2009), s. 44(1)(e), S.I. No. 575 of 2009.
F236
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 69, S.I. No. 214 of 2014.
F237
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 70, S.I. No. 214 of 2014.
Editorial Notes:
E147
The section heading is taken from the text of the section in the absence of one included in the amendment.
F238[ Request by DTA for Minister to issue guidelines or policy directives.
31H.— The DTA may, in relation to its functions, request the Minister to issue guidelines under section 28 or a policy directive under section 29 to a planning authority within the GDA. ]
Annotations
Amendments:
F238
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F239[ Requirement for transport impact assessment for certain classes of development.
31I.— (1) The Minister may, in respect of the GDA and following consultation with the DTA, make regulations specifying—
(a) classes of development, including strategic infrastructure development, requiring the submission of a transport impact assessment in respect of applications for development, and
(b) the format and content of a transport impact assessment.
(2) Regulations under subsection (1) may require that a transport impact assessment demonstrate that the proposed development in respect of which the assessment has been prepared would be consistent with the transport strategy of the DTA.
(3) Before granting permission for a development which requires a transport impact assessment under regulations made under subsection (1), a planning authority shall satisfy itself that the applicant has demonstrated that the proposed development would be consistent with the transport strategy of the DTA.
(4) In this section “transport impact assessment” means a report outlining what additional transport impacts a particular proposed development will generate and how it will integrate into existing transport patterns. ]
Annotations
Amendments:
F239
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F240[ Transport strategy and planning process.
31J.— In any case in the GDA where—
F241[(a) a planning or local authority, a regional assembly, State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or]
(b) a planning authority or An Bord Pleanála is carrying out any relevant function under any other Act,
the transport strategy of the DTA shall be a consideration material to the proper planning and sustainable development of the area or areas in question.]
Annotations
Amendments:
F240
Inserted (4.01.2010) by Dublin Transport Authority Act 2008 (15/2008), s. 95, S.I. No. 574 of 2009.
F241
Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(7) and sch. 2 part 4 ref. 71, S.I. No. 214 of 2014.