GENERAL SCHEME
OF
PLANNING AND DEVELOPMENT (No. 2) BILL 2014
1
ARRANGEMENT OF HEADS
PART I
PRELIMINARY AND GENERAL
Heads
1. Short title, collective citations and commencement.
2. Interpretations
3. Regulations, orders and directions
4. Expenses
PART II
OFFICE OF THE PLANNING REGULATOR
Chapter I
Organisation, Staffing etc.
5. Establishment day
6. Establishment of the office of the planning regulator
7. Office of the planning regulator corporate body (Corporate body, Appointment of
Regulator etc.)
8. Functions of the office of the planning regulator
9. Office of the Planning Regulator to have regard to certain policies and objectives
10. Corporate Strategy of the Office of the Planning Regulator
11. Monitoring of the Performance of the Office of the Planning Regulator
12. Staff of the Office of the Planning Regulator
13. Superannuation of Staff of the Office of the Planning Regulator
14. Prohibition on disclosure of information relating to functions of the Office of the
Planning Regulator
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15. Indemnification of employees of the Office of the Planning Regulator
16. Grants to Office of the Planning Regulator
17. Accounts and audits of Office of the Planning Regulator
18. Annual report
19. Provision of services by Minister to the Office of the Planning Regulator
20. Consultants and advisers to the Office of the Planning Regulator
21. Fees payable to the Office of the Planning Regulator
22. Code of conduct
Chapter II
Evaluation and Assessment of Plans
23. Evaluation and assessment of draft development plans, variations to
development plans and development plans as made by planning authorities
24. Evaluation and assessment of local area plans, amendments to local area plans
and local area plans as made by planning authorities
25. Evaluation and assessment of Regional Spatial and Economic Strategies
Chapter III
Research, Education and Training
26. Research
27. Education and training
Chapter IV
Review of Planning Functions
28. Review of performance of functions of planning authorities and An Bord
Pleanála
PART III
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MISCELLANEOUS PROVISIONS
29. National Planning Framework
30. Amendment of Section 2 (Interpretation) of Principal Act
31. Amendment of Sections 9, 11, 12, 13, 18 and 20 of the Planning and
Development Act 2000
32. Amendment of Section 34 of the Planning and Development Act 2000
33. Amendment of Sections 33 Planning and Development Act 2000
34. Amendment of Sections 33 and 34 of the Water Services (No. 2) Act 2013
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PART I
PRELIMINARY AND GENERAL
This Part contains provisions normally included in legislation in relation to short title,
collective citation, construction, interpretation, the making of orders and regulations,
repeals and construction of enactments.
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Head 1
Short title, collective citation, construction and commencement
Provide that:
(1) This Bill may be cited as the Planning and Development (No. 2) Bill 2014.
(2) This Bill and the Planning and Development Acts 2000 to 2014 may be cited together
as the Planning and Development Acts 2000 to 2015, and shall be read together as
one.
(3) This Bill shall come into operation on such day by order made by the Minister.
(4) Other collective citations as appropriate shall be included.
Notes:
This Head contains the standard provisions about short title and collective citation for a
listing of acts included or previously included in the collective citation.
It also provides for the coming into operation of the provisions of the Bill. It will allow
different provisions and any consequential repeals to be brought into operation on different
days.
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Head 2
Interpretations
Provide that:
In this Bill“Board” means An Bord Pleanála;
“Minister” means Minister for the Environment, Community and Local Government;
“planning authority” has the meaning assigned to it by the Local Government Reform Act 2014
(No. 1 of 2014);
“Principal Act” means the Planning and Development Act 2000 (No. 30 of 2000);
"establishment day" means the day appointed by order under Head 5 to be the
establishment day.
Notes:
This is a standard provision to set out interpretations for the terms used in this Act.
The need to include further interpretations will be discussed, as appropriate, with the
Office of the Attorney General during the drafting of the Bill.
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Head 3
Regulations, orders and directions.
Provide that:
(1) The Minister may make regulations prescribing any matter or thing which is referred
to in this Bill as prescribed or to be prescribed or to be the subject of regulations or
for the purpose of enabling any provisions to have full effect.
(2) The Minister may, from time to time, as he or she considers appropriate, give
directions in writing to the Office of the Planning Regulator or a planning authority
in relation to the performance by the Office of the Planning Regulator or a
planning authority of any of its functions under the Planning Acts 2000 to 2014
and the Office of the Planning Regulator and the planning authority shall comply
with any such directions.
(3) An order under this Bill may provide for the giving of directions by the Minister
(including directions amending or revoking any such directions).
(4) Every order made under this Bill, shall be laid before each House of the Oireachtas
as soon as may be after it has been made.
(5) Every regulation under this Act shall be laid before each House of the Oireachtas
as soon as may be after it has been made and, if a resolution annulling the
regulation is passed by either such House within the next 21 days on which that
House has sat after the regulation is laid before it, the regulation shall be
annulled accordingly, but without prejudice to the validity of anything previously
done thereunder.
Notes:
This Head enables the Minister to make regulations or an order for the giving of directions
(including directions amending or revoking any such directions).
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The requirements under this standard Head will be discussed, as appropriate, with the
Office of the Attorney General during the drafting of the Bill.
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Head 4
Expenses
Provide that:
(1) The expenses incurred by the Minister in the administration of this Bill shall, to such
extent as may be sanctioned by the Minister for Public Expenditure and Reform, be
paid out of moneys provided by the Oireachtas.
Note:
This is a standard provision enabling expenses of the Minister in the administration of the
Bill to be paid out of moneys provided by the Oireachtas subject to the sanction of the
Minister for Public Expenditure and Reform.
It provides a general authority for the
Minister, with the sanction of the Minister for Public Expenditure and Reform to expend
money provided by the Oireachtas.
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PART II
OFFICE OF THE PLANNING REGULATOR
This Part provides for the establishment of the Office of the Planning Regulator.
A new Part IIB, entitled “Office of the Planning Regulator” shall be inserted into the
Principal Act after Part IIA and;
Part IIB will comprise of Chapter I Establishment, Organisation, Staffing etc. Heads 5 to
22 inclusive, Chapter II Evaluation and Assessment of Plans Heads 23 to 25 inclusive,
Chapter III Research, Education and Training Heads 26 to 27 inclusive Chapter IV
Review of Planning Functions Head 28.
Part IIB
Office of the Planning Regulator
CHAPTER 1
Establishment, Organisation, Staffing etc.
Head 5
Establishment day
Provide that:
(1) The Minister shall by order appoint a day to be the establishment day for the
purposes of this Bill.
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Notes:
This Head provides for the fixing, by order of the Minister, of the establishment day. This is
the day on which the Office of the Planning Regulator will be established. By virtue of
Head 3 the establishment day order must be laid before the Houses of the Oireachtas.
The purpose of designating a particular day as establishment day is to enable the
proposed changes to become effective consistently, simultaneously and without doubt or
ambiguity.
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Head 6
Establishment of the Office of the Planning Regulator
Provide that:
(1) On and from the establishment day there shall be established a body to be known
as the Office of the Planning Regulator or, in the Irish language, Oifig an
Rialaitheoir Pleanáil, which shall perform the functions conferred on it under this
Bill.
(2) The provisions of this Bill shall have effect with respect to the Office of the Planning
Regulator.
Notes:
This Head provides the establishment of the Office of the Planning Regulator.
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Head 7
Office of the Planning Regulator (Corporate body, Appointment of
Regulator etc.)
Provide that:
(1) The Office of the Planning Regulator shall be a body corporate with perpetual
succession and an official seal and with powera. to sue and be sued in its corporate name,
b. to acquire, hold and dispose of land or an interest in land, and
c. to acquire, hold and dispose of any property.
(2) Judicial notice shall be taken of the seal of the Office of the Planning Regulator
and every document purporting to be an order or other instrument made by that
office and to be sealed with its seal (purporting to be authenticated in the manner
provided by the establishment order) shall be received in evidence and be
deemed to be such order or instrument without further proof unless the contrary
is shown.
(3) The Planning Regulator shall be responsible for the performance of the functions of
the Office of the Planning Regulator conferred on it under this Bill.
(4) The Planning Regulator shall be appointed by the Minister subject to the approval
of the Government on such terms and conditions of appointment, including
remuneration, as the Minister may fix, with the consent of the Minister for Public
Expenditure and Reform, to hold office in a full-time capacity for a term of 7 years
and may be re-appointed by the Minister for a second term.
(5) The Planning Regulator shall be appointed in a wholetime capacity and shall not at
any time during his or her term of office hold any other office or employment in
respect of which emoluments are made.
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(6) A Planning Regulator shall not serve more than 2 terms of office.
(7) A person shall not be appointed as a Planning Regulator unless the Public
Appointments Service, after holding a competition on behalf of the Office of the
Planning Regulator, have selected him or her for appointment as the Planning
Regulator.
(8) Where the Minister appoints a person to be the Planning Regulator, the Minister
shall, as soon as may be, cause a notice of the appointment to be published in Iris
Oifigiúil.
(9) The Planning Regulator shall be supported in his or her duties by not more than
four directors, subject to the approval of the Minister, who are a member of staff of
the Office of the Planning Regulator.
(10) The Planning Regulator shall designate a director as deputy Planning Regulator
who shall assume and carry out the functions of the Planning Regulator in the
absence of the Planning Regulator or when the Planning Regulator position is
vacant.
(11) Subject to this Bill, the Planning Regulator shall be independent in the
performance of his or her functions.
(12) The Minister and the Planning Regulator shall consult together from time to time in
relation to matters pertaining to the functions of the Office of the Planning
Regulator.
(13) The Planning Regulator shall vacate the office of chairperson on attaining the age
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of 67 years but where the Planning Regulator is either—
(a) a
new entrant (within
the meaning of
the Public Service
Superannuation (Miscellaneous Provisions) Act 2004) appointed on or
after 1 April 2004, or
(b)
a Scheme member within the meaning of the Public Service
Pensions (Single Scheme and Other Provisions) Act 2012, then the
requirement under this subsection to vacate office on grounds of age shall
not apply.
(14) The Planning Regulator may be removed from office by the Government if he or
she has become incapable through ill-health of effectively performing his or her
functions, or if he or she has committed stated misbehaviour, or if his or her
removal appears to the Government to be necessary for the effective
performance by the Office of the Planning Regulator of its functions, or if he or
she is convicted of a criminal offence and in case the Planning Regulator is
removed from office under this subsection, the Government shall cause to be
laid before each House of the Oireachtas a statement of the reasons for the
removal.
(15) A Planning Regulator may resign by giving notice in writing to the Minister of his
or her intention to resign and any such resignation shall take effect as of the
date upon which the Minister shall have received notice of the resignation.
(16) There shall be employed in the Office of the Planning Regulator so many
employees as the Office of the Planning Regulator, subject to the approval of the
Minister, with the consent and sanction of the Minister for Public Expenditure and
Reform, from time to time determines.
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Notes:
This head provides for the establishment of the Office of the Planning Regulator as a body
corporate with perpetual succession and a seal and powers to sue and be sued, to
acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of
any property.
It provides that the holder of the Office of the Planning Regulator shall be known as the
Planning Regulator.
It provides that the Planning Regulator shall be responsible for the performance of the
functions of the Office of the Planning Regulator conferred on it under this Bill.
It provides for the appointment of the Planning Regulator by the Minister, after being
selected by the Public Appointments Service, subject to the approval of the Government to
hold office in a full-time capacity for a term of 7 years and may be re-appointed by the
Minister for a second term or subsequent term of office, and that the Regulator shall not
serve more than 2 terms of office.
It provides that where the Minister appoints a person to be the Planning Regulator, the
Minister shall cause a notice of their appointment to be published in Iris Oifigiúil.
It provides that the Planning Regulator shall be supported in his or her duties by not more
than four directors, subject to the approval of the Minister, who are a member of staff of
the Office of the Planning Regulator.
It provides that the Planning Regulator shall designate a director as deputy Planning
Regulator who shall assume and carry out the functions of the Planning Regulator in the
absence of the Planning Regulator or when the Planning Regulator position is vacant.
It provides that the Planning Regulator shall be independent in the performance of his or
her functions.
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It provides that the Minister and the Planning Regulator shall consult together from time to
time in relation to matters pertaining to the functions of the Office of the Planning
Regulator.
It provides that the Planning Regulator shall vacate the office of chairperson on attaining
the age of 67 years but where the Planning Regulator is either—
-
a new entrant (within the meaning of the Public Service Superannuation
(Miscellaneous Provisions) Act 2004) appointed on or after 1 April 2004, or
-
a Scheme member (within the meaning of the Public Service Pensions (Single
Scheme and Other Provisions) Act 2012, then the requirement under this
subsection to vacate office on grounds of age shall not apply.
It provides that the Planning Regulator may be removed from office by the Government
if he or she has become incapable through ill-health of effectively performing his or her
functions, or if he or she has committed stated misbehaviour, or if his or her removal
appears to the Government to be necessary for the effective performance by the Office
of the Planning Regulator of its functions, or if he or she is convicted of a criminal
offence and in case the Planning Regulator is removed from office under this subhead,
the Government shall cause to be laid before each House of the Oireachtas a statement
of the reasons for the removal.
It provides that a Planning Regulator may resign by giving notice in writing to the
Minister of his or her intention to resign and any such resignation shall take effect as of
the date upon which the Minister shall have received notice of the resignation.
It provides that there shall be employed in the Office of the Planning Regulator so many
employees as the Office of the Planning Regulator, subject to the approval of the Minister,
with the consent and sanction of the Minister for Public Expenditure and Reform, from time
to time determines.
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Head 8
Functions and Objectives of the Office of the Planning Regulator
Provide that:
(1) The functions of the Office of the Planning Regulator shall be
(a) to evaluate and assess plans and regional spatial and economic strategies
during their preparation and the making of them in order to provide statutory
observations and recommendations to planning authorities and regional
assemblies as appropriate on these plans and strategies at the relevant
stages as provided under Chapter I, II and III of Part II of the Principal Act.
(b) to inform the Minister where in the opinion of the Office of the Planning
Regulator a plan or strategy as made is not consistent with its observations
and recommendations thus not setting out an overall strategy for proper
planning and sustainable development of the area.
(c) to conduct research, including as requested by the Minister from time to
time, as to what constitutes proper planning and sustainable development.
(d) to conduct education and training programmes for the members of planning
authorities and regional assemblies in relation to their role under the
Principal Act and any guidelines or guidance issued by the Minister or as
otherwise may be necessary from time to time.
(e) to review, or examine complaints on, the performance of the functions of
planning authorities under the Principal Act for the purposes of review or
examination, as provided for under Head 28, of planning authorities
organisation and systems and procedures used in relation to their functions
under the Principal Act or as requested by the Minister from time to time.
(f) to review the performance of the functions of the Board under the Principal
Act for the purposes of review or examination, as provided for under Head
28, of the organisation and systems and procedures used in relation to their
functions under the Principal Act as may be requested by the Minister from
time to time.
(g) to oversee the delivery of effective planning services to the public by
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planning authorities including in line with specified standards under local
government performance indicators as may be specified by the Minister
from time to time.
(h) to report annually on the performance of its own functions.
(i) to make any observations as appropriate, in relation to planning legislation,
guidelines or guidance, and directives or directions issued by the Minister.
(2) The Office of the Planning Regulator shall perform these functions with the
objective of contributing to proper planning and sustainable development and the
optimal functioning of planning under the Principal Act.
Notes:
The purpose of this Head is to provide for the functions to be performed by the Office of
the Planning Regulator.
The statutory observation function of the Minister under the Planning and Development
Act 2000 on development plans, local area plans and regional spatial and economic
strategies (formerly regional planning guidelines) will transfer to Office of the Planning
Regulator although the Minister will remain a statutory consultee. It will be a function of
the Office of the Planning Regulator to evaluate and assess plans and regional spatial and
economic strategies during their preparation and the making of them in order to provide
statutory observations and recommendations to planning authorities and regional
assemblies as appropriate on these plans and strategies at the relevant stages as
provided under Chapter I, II and III of Part II of the Principal Act. The transfer of this
function will take place on commencement of the relevant provision of the Bill.
It provides that the Office of the Planning Regulator (OPR) will inform the Minister where in
the OPR’s opinion a plan or strategy as made is not consistent with its observations and
recommendations thus not constituting a plan or strategy for proper planning and
sustainable development of the area.
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It provides for other functions as follows:
-
to conduct research, including as requested by the Minister from time to time, as to
what constitutes proper planning and sustainable development.
-
to arrange and conduct programmes of education and training for the members of
planning authorities and regional assemblies in relation to their role under the
Principal Act and any guidelines or guidance issued by the Minister or as otherwise
may be necessary from time to time.
-
to review, or examine complaints on, the performance of the functions of planning
authorities under the Principal Act for the purposes of review or examination, as
provided for under Head 28, of planning authorities organisation and systems and
procedures used in relation to their functions under the Principal Act or as may be
requested by the Minister from time to time.
-
to review the performance of the functions of the Board under the Principal Act for
the purposes of review or examination, as provided for under Head 28, of the
organisation and systems and procedures used in relation to their functions under
the Principal Act as requested by the Minister from time to time.
-
to oversee the delivery of effective planning services to the public by planning
authorities including in line with specified standards under local government
performance indicators as may be specified by the Minister from time to time.
-
to report annually on the performance of its own functions.
-
to make any observations, as appropriate, in relation to planning legislation,
guidelines or guidance, and directive or directions issued by the Minister.
This Head also provides that Office of the Planning Regulator will perform these functions
with the objective of contributing to proper planning and sustainable development and the
optimal functioning of planning under the Principal Act.
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Head 9
Office of the Planning Regulator to have regard to certain policies and
objectives and requirements
Provide that:
(1) The Office of the Planning Regulator shall, in performing its functions, have
regard to—
(a) the policies and objectives for the time being of the Government, a
State authority, the Minister, planning authorities and any other body
which is a public authority whose functions have, or may have, a bearing
on the proper planning and sustainable development of cities, towns or
other areas, whether urban or rural,
(b) the public interest and any effect the performance of the Office of the
Planning Regulator’s functions may have on issues of strategic economic
or social importance to the State,
(c) the National Spatial Strategy and any regional spatial and economic
strategy for the time being in force, and
(d) the requirement of relevant EU directives, in particular, the
Environmental
Impact
Assessment,
the
Strategic
Environmental
Assessment, the Habitats and Birds Directives as they apply to planning
authorities as competent authorities for the purposes of these Directives.
(e) Ministerial directions, directives and guidelines as they relate to
planning.
(2) In this section ‘public authority’ means any body established by or under
statute which is for the time being declared, by regulations made by the
Minister, to be a public authority for the purposes of this section.
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Notes:
This Head provides that the Office of Planning Regulator to have regard to other public
policy issues in the performance of its functions.
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Head 10
Corporate Strategy and Annual Report of the Office of the Planning
Regulator
Provide that:
(1) The Planning Regulator shall prepare a strategy statement for the Office of the
Planning Regulator within 6 months of its establishment and thereafter every 6
years.
(2) The strategy statement shall be prepared on the basis of an organisational wide
strategic approach encompassing the functions and principal activities of the
Office of the Planning Regulator and shall include—
(a) a statement setting out the approach taken for each of the functions,
referred to under Head 8(1), of the Office of the Planning Regulator
(b) a statement of the principal activities of the Office of the Planning
Regulator,
(c) the objectives and priorities for each of the principal activities and
strategies for achieving those objectives,
(d) the manner in which the authority proposes to assess its performance in
respect of each such activity, taking account of indicators which shall be
identified by the Office of the Planning Regulator and of the need to
work towards best practice in service delivery and in the general
operation of the Office of the Planning Regulator,
(e) human resources activities (including training and development) to be
undertaken for the staff of the Office of the Planning Regulator,
(f) the organisational structure of the Office of the Planning Regulator,
including corporate support and information technology and the
improvements proposed to promote efficiency of operation and customer
service and in general to support the strategy statement,
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(g) such other matters as the Planning Regulator considers necessary.
(3) The Office of the Planning Regulator shall cause copies of the strategy statement
to be submitted to the Minister and laid before each House of the Oireachtas.
(4) “Principal Activities” shall include:
(a) The observations and recommendations issued in respect of the review of
development plans, variations of development plans, the preparation and
amendment of local area plans and the preparation of regional spatial and
economic strategies;
(b) The plans and strategies made in a manner consistent with such
observations and recommendations above;
(c) The recommendations issued to the Minister that the Minister uses his/her
powers of direction under Sections 31 and 31A of the Principal Act as
regards any review of a development plan, variations of development plans,
the preparation and amendment of local area plans and the preparation of a
regional spatial and economic strategy;
(d) The directions issued in a manner consistent with the recommendations of
the Regulator;
(e) The research, education and training conducted; and,
(f) The reviews undertaken of the performance of planning functions of
planning authorities and the Board.
Notes:
This Head provides that the Planning Regulator shall prepare a strategy statement for
the Office of the Planning Regulator within 6 months of its establishment and thereafter
every 6 years.It provides that the strategy statement shall be prepared on the basis of
an organisational wide strategic approach encompassing the functions and the principal
activities of the Office of the Planning Regulator including:
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-
a statement setting out the approach taken for each of the functions as set out
under Head 8(1) of the Office of the Planning Regulator
-
a statement of the principal activities of the Office of the Planning Regulator,
-
the objectives and priorities for each of the principal activities and strategies for
achieving those objectives,
-
the manner in which the authority proposes to assess its performance in respect
of each such activity, taking account of indicators which shall be identified by the
Office of the Planning Regulator and of the need to work towards best practice in
service delivery and in the general operation of the Office of the Planning
Regulator,
-
human resources activities (including training and development) to be
undertaken for the staff of the Office of the Planning Regulator,
-
the organisational structure of the Office of the Planning Regulator, including
corporate support and information technology and the improvements proposed to
promote efficiency of operation and customer service and in general to support
the strategy statement,
-
such other matters as the Planning Regulator considers necessary.
It provides that copies of the strategy statement shall be submitted to the Minister
and laid before each House of the Oireachtas.
The principal activities include:
- the observations and recommendations issued in respect of the review of
development plans, variations of development plans, the preparation and
amendment of local area plans and the preparation of regional spatial and
economic strategies;
- the plans and strategies made in a manner consistent with such
26
observations and recommendations above;
- the recommendations issued to the Minister that the Minister uses his/her
powers of direction under Sections 31 and 31A of the Principal Act as
regards any review of a development plan, variations of development plans,
the preparation and amendment of local area plans and the preparation of a
regional spatial and economic strategy;
- the directions issued in a manner consistent with the recommendations of
the Regulator;
- the research, education and training conducted; and,
- the reviews undertaken of the performance of planning functions of planning
authorities and the Board.
Finally it provides that the corporate plan shall be copied to the Oireachtas
Environmental Committee for information.
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Head 11
Monitoring of the Performance of the Office of the Planning Regulator
Provide that:
(1) The Office for the Planning Regulator shall conduct, at such intervals as it thinks fit
or the Minister directs, reviews of its organisation and of the systems and
procedures used by it in relation to statutory observations and recommendations
provided to planning authorities.
(2) The Minister may direct the Office of the Planning Regulator in matters referred
to under subhead (7) where the Minister has requested information.
(3) Where the Minister gives a direction under subhead (1), the Office for the
Planning Regulator shall report to the Minister the results of the review conducted
pursuant to the direction and shall comply with any direction which the Minister
may give in relation to all or any of the matters which were the subject of the
review.
(4) The Office for the Planning Regulator may make observations or submissions to
the Minister as regards any matter pertaining to its functions.
(5) The Minister may consult with the Office for the Planning Regulator as regards
any matter pertaining to the performance of—
(a)
the functions of the Office for the Planning Regulator, or
(b)
the functions assigned to the Minister by or under the Principal Act, as
amended, or by any other enactment or by any order, regulation or other
instrument thereunder.
(6) In this head “authorised person” means a person authorised in writing for the
purposes of this section by the Minister.
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(7) (a) The Office for the Planning Regulator shall supply the Minister or an authorised
person as the Minister may request, with such information relating to the
performance of its functions as he or she may request from time to time.
(b) An authorised person for the purposes of this head is entitled, at all
reasonable times, to enter and inspect any land or premises or structure
(other than a dwelling) which is owned, used, controlled or managed by the
Office of the Planning Regulator and shall be afforded every facility and cooperation by the Office of the Planning Regulator (its Regulator and
employees) including the giving of information which he or she reasonably
requires and shall have access to all documents, materials, things, or other
information which he or she may reasonably require.
(8) Any person who obstructs or impedes or refuses to comply with a request of an
authorised person acting in the exercise of the functions conferred on him or her
by subhead (7) shall be guilty of an offence and is liable on summary conviction
to a Class C fine or, at the discretion of the court, to imprisonment for a term not
exceeding 6 months or to both.
(9) Summary proceedings for an offence under this head may be brought by the
Minister.
Notes:
This Head provides for the review of the performance of the functions of the Office of the
Planning Regulator, from time to time.
It provides that the Office for the Planning Regulator shall conduct, at such intervals as it
thinks fit or the Minister directs, reviews of its organisation and of the systems and
procedures used by it in relation to statutory observations and recommendations
provided to planning authorities.
29
It provides that the Minister may direct that the Office of the Planning Regulator shall
conduct a review of its organisation and of the systems and procedures used by it in
relation to statutory observations and recommendations provided to planning
authorities.
It provides that where the Minister gives a direction under this Head, the Office for the
Planning Regulator shall report to the Minister the results of the review conducted
pursuant to the direction and the OPR shall comply with any directive which the Minister
may give in relation to all or any of the matters which were the subject of the review.
It provides that the Office for the Planning Regulator may make observations or
submissions to the Minister as regards any matter pertaining to its functions.
It provides that the Minister may consult with the Office for the Planning Regulator as
regards any matter pertaining to the performance of—
-
the functions of the Office for the Planning Regulator, or
-
the functions assigned to the Minister by or under this Act or by any other
enactment or by any order, regulation or other instrument thereunder.
It provides that the Office for the Planning Regulator shall supply the Minister or an
authorised officer as the Minister may request, with such information relating to the
performance of its functions as he or she may from time to time request. It also provides
that an authorised person for the purposes of this head is entitled at all reasonable
times to enter and inspect any land or premises or structure (other than a dwelling)
which is owned, used, controlled or managed by the Office of the Planning Regulator
and shall be afforded every facility and co-operation by the Office of the Planning
Regulator (its Regulator and employees) including the giving of information which he or
she reasonably requires and shall have access to all documents, materials, things, or
other information which he or she may reasonably require.
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It provides that any person who obstructs or impedes or refuses to comply with a
request of an authorised person acting in the exercise of the functions conferred on him
or her shall be guilty of an offence and is liable on summary conviction to a Class C
under the Fines Act 2010 (of between €1,000 and €2,500) or, at the discretion of the
court, to imprisonment for a term not exceeding 6 months or to both.
31
Head 12
Staff of the Office of the Planning Regulator
Provide that:
(1) The Planning Regulator shall appoint such and so many persons to be staff of
the Office of the Planning Regulator as the Planning Regulator, subject to the
approval of the Minister, given with the consent of the Minister for Public
Expenditure and Reform, as to the number and grade of those staff, from time to
time may determine, having regard to the need to ensure that an adequate
number of staff are competent in the Irish language so as to be able to provide
service through Irish as well as English.
(2) A staff member of the Office of the Planning Regulator shall hold his or her
employment on such terms and conditions as the Office of the Planning
Regulator, subject to the approval of the Minister, from time to time determines.
(3) There shall be paid by the Office of the Planning Regulator to its staff out of
moneys at its disposal such remuneration and allowances as the Office of the
Planning Regulator, subject to the approval of the Minister, with the consent of
the Minister for Public Enterprise and Reform, from time to time determines.
Notes:
This Head provides for the appointment of staff to the Office of the Planning Regulator and
the remuneration and allowances for such staff.
32
Head 13
Superannuation of Staff of the Office of the Planning Regulator
Provide that:
(1)
The Office of the Planning Regulator may, with the approval of the Minister
and the consent of the Minister for Public Expenditure and Reform, make a
scheme or schemes for the granting of superannuation benefits to or in
respect of the Planning Regulator and the members of the staff of the Office
of the Planning Regulator.
(2)
A scheme prepared and submitted under this head shall not provide for the
granting of superannuation benefits to or in respect of any person where the
Single Public Service Pension Scheme applies to that person by virtue of
Chapter 2 of Part 2 of the Act of 2012.
(3)
A scheme under this head shall fix the time and conditions of retirement of all
persons to or in respect of whom superannuation benefits are payable under
the scheme or schemes and different times and conditions may be fixed in
respect of different classes of persons.
(4)
The Office of the Planning Regulator may, with the approval of the Minister
and the consent of the Minister for Public Expenditure and Reform, make a
scheme amending a scheme under this section including a scheme under
this subhead.
(5)
A scheme under this head shall, if approved by the Minister with the consent
of the Minister for Public Expenditure and Reform, be carried out by the
Office of the Planning Regulator in accordance with its terms.
(6)
A scheme under this head shall include a provision for appeals from a
decision relating to a superannuation benefit under the scheme.
(7)
No superannuation benefits shall be granted by the Office of the Planning
Regulator to or in respect of a person on ceasing to be the Planning
33
Regulator or a member of the staff of the Office of the Planning Regulator
otherwise than—
(a) in accordance with a scheme or schemes under this section, or
(b) with the approval of the Minister and the consent of the Minister for Public
Expenditure and Reform.
(8)
A scheme under this head shall be laid before each House of the Oireachtas
as soon as may be after it is made and, if a resolution annulling the scheme
is passed by either such House within the next 21 days on which that House
has sat after the scheme is laid before it, the scheme shall be annulled
accordingly, but without prejudice to the validity of anything previously done
thereunder.
(9)
Subhead (8) shall, with all necessary modifications, apply to an amendment
to a scheme under this section as it applies to a scheme under this section.
(10)
In this section—
“amending”, in relation to a scheme under this section, includes revoking the
scheme;
“superannuation benefit” means any pension, gratuity or other allowance
payable to or in respect of a person ceasing to be the Planning Regulator or
a member of the staff of the Office of the Planning Regulator.
Notes:
This Head provides for the normal superannuation provisions used in establishing new
state bodies including providing for newly appointed staff who will be pensionable under
the Single Public Service Pension Scheme.
34
Head 14
Prohibition on disclosure of information relating to functions of the
Office of the Planning Regulator
Provide that:
(1) No person shall, without the consent of the Planning Regulator (which may
be given to the person, subject to or without conditions, as regards any
information, as regards particular information or as regards information of a
particular class or description), disclose—
(a) any information obtained by him or her while serving as an employee
of, or consultant or adviser to, the Office of the Planning Regulator or as a
person whose services are availed of by the Office of the Planning
Regulator by virtue of Heads 12, 19 or 20, or
(b) any information so obtained relative to the business of the Office of the
Planning Regulator or to the performance of its functions.
(2) A person who contravenes subsection (1) shall be guilty of an offence.
(3) Nothing in subsection (1) shall prevent—
(a) disclosure of information in a report made to the Office of the Planning
Regulator or in a report made by or on behalf of the Office of the Planning
Regulator to the Minister,
(b) disclosure of information by any person in the course of and in
accordance with the functions of his or her office,
(c) disclosure of information in accordance with the Freedom of
Information Acts, 1997, 2003 and 2014 or
35
(d)
disclosure
of
information
in
accordance
with
the
European
Communities Act, 1972 (Access to Information on the Environment)
Regulations, 1998, and any regulations amending or replacing those
regulations.
Notes:
This is a standard provision prohibiting the disclosure of information relating to functions
of an independent corporate body, in this case the Office of the Planning Regulator.
It provides that employees of the Office of the Planning Regulator, or consultants or
advisers engaged by the Office shall not disclose any information relating to the function of
the Office of the Planning Regulator without the consent of the Planning Regulator and
they will be guilty of an offence if they breach this provision.
It also provides that this Head will not prevent the disclosure of certain information,
namely:
-
information in a report made to the Office of the Planning Regulator or in a report
made by or on behalf of the Office of the Planning Regulator to the Minister,
-
information by any person in the course of and in accordance with the functions
of his or her office, such as:
o disclosure of information in accordance with the Freedom of Information
Act, 1997, 2003 and 2014 or
o disclosure of information in accordance with the European Communities
Act, 1972 (Access to Information on the Environment) Regulations, 1998,
and any regulations amending or replacing those regulations.
36
Head 15
Indemnification of Staff of the Office of the Planning Regulator
Provide that:
(1) Where the Office of the Planning Regulator is satisfied that the planning regulator, a
staff member of the Office of the Planning Regulator or a person whose services are
provided to the Office of the Planning Regulator under Heads 12, 19 or 20 has
discharged his or her duties in relation to the functions of the Office of the Planning
Regulator in a bona fide manner, it shall indemnify the planning regulator, staff
member, employee or person against all actions or claims howsoever arising in
respect of the discharge by him or her of his or her duties.
Notes:
This is a standard provision indemnifying staff, including the Planning Regulator, who
discharge their duties in relation to the functions of the Office of the Planning Regulator
in a bona fide manner, against all actions or claims howsoever arising in respect of the
discharge by him or her of his or her duties.
37
Head 16 Grants to Office of the Planning Regulator
Provide that:
(1) There may, subject to such conditions, if any, as the Minister thinks proper, be
paid to the Office of the Planning Regulator in each financial year out of moneys
provided by the Oireachtas a grant or grants of such amount or amounts as the
Minister, with the consent of the Minister for Public Expenditure and Reform and
after consultation with the Office of the Planning Regulator in relation to its
programme of expenditure for that year, may fix.
Notes:
This Head provides that the Minister may, in relation to the annual programme of
expenditure by the Office of the Planning Regulator, make grants out of moneys
provided by the Oireachtas to the Office of the Planning Regulator.
38
Head 17
Accounts and audits of Office of the Planning Regulator
Provide that:
(1) The Office of the Planning Regulator shall keep in such form as may be
approved by the Minister, after consultation with the Minister for Public
Expenditure and Reform, all proper and usual accounts of all moneys
received or expended by it.
(2) Accounts kept under this section shall be submitted by the Office of the
Planning Regulator to the Comptroller and Auditor General for audit at such
times as the Minister shall direct and, when audited shall, together with the
report of the Comptroller and Auditor General, be presented to the Minister.
(3) The Office of the Planning Regulator shall cause copies of the accounts
provided for under subhead (2) to be copied to each House of the Oireachtas.
Notes:
This Head provides that the Office of the Planning Regulator shall keep all proper and
usual accounts of all moneys received or expended by it.
It also provides that the accounts kept shall be submitted to the Comptroller and Auditor
General for audit at such times as the Minister shall direct and, when audited shall,
together with the report of the Comptroller and Auditor General, be presented to the
Minister.
The Office of the Planning Regulator shall cause copies of the accounts provided for
under subhead (2) to be laid before each House of the Oireachtas.
.
39
Head 18
Annual report
Provide that:
(1) The Office of the Planning Regulator shall, not later than the 30th day of June in
each year, prepare an annual report
which shall include information on the
performamce of its functions and its principal activities during the preceding year
and such other matters as the Minister may specify and the Regulator shall
cause copies of the report to be laid before each House of the Oireachtas.
(2) The Planning Regulator may, at the request in writing of the Oireachtas Joint
Committee on the Environment, Culture and the Gaeltacht, attend before it to
account for matters in relation to its annual report under subhead (1).
(3) The annual report provided for under subhead (1) shall be copied to the
Oireachtas Environment Committee.
Notes:
This Head is a standard provision.
It provides that that the Office of the Planning
Regulator shall make an annual report on the performance of its fucntions and its
principal activities during the preceding year and such other matters as the Minister may
specify and copies of the report will be laid before each House of the Oireachtas and
copied to the Oireachtas Environment Committee.
It also provides that Planning Regulator may be called before the Oireachtas Joint
Committee on the Environment, Culture and the Gaeltacht in relation to its annual
report.
40
Head 19
Provision of services by Minister to the Office of the Planning
Regulator
Provide that:
(1) For the purposes of enabling the Office of the Planning Regulator to perform its
functions, the Minister may provide services (including services of staff either on
secondment or a permanent basis) to the Office of the Planning Regulator on
such terms and conditions (including payment for such services) as may be
agreed and the Office of the Planning Regulator may avail of such services.
(2) The Office of the Planning Regulator may provide services (including services of
staff) to the Minister on such terms and conditions (including payment for such
services) as may be agreed and the Minister may avail of such services.
(3) The Minister may make available to the Planning Regulator, on a request being
made by the Regulator, premises, equipment, services and other resources as is
necessary to provide in particular the corporate services function on behalf of the
Offices of the Planning Regulator as the Office of the Planning Regulator may
determine from time to time in consultation with the Minister and the Minister for
Public Expenditure and Reform.
(4) The Minister may by regulation, subject to the agreement with the relevant chief
executive(s) of any public body under the Minister’s aegis, including local
authorities and as appropriate by reserved function, provide for the provision of
services under subhead (3).
Notes:
This Head provides that the Minister may provide services (including services of staff) to
the Office of the Planning Regulator and the Office of the Planning Regulator may avail
41
of such services. This provision is as provided for in the establishment of An Bord
Pleanála (Section 122 of the Planning and Development Act 2000).
It also provides that the Minister may make available to the Planning Regulator, on a
request being made by the Regulator, premises, equipment, services and other resources
as is necessary to provide in particular the corporate services function on behalf of the
Offices of the Planning Regulator as the Office of the Planning Regulator may determine
from time to time in consultation with the Minister and the Minister for Public Expenditure
and Reform.
It also provides that the Minister may by regulation provide for the provision of premises,
equipment, services and other resources as is necessary to provide in particular the
corporate services function on behalf of the Offices of the Planning Regulator, subject to
the agreement with the relevant chief executive(s) of any public body under the
Minister’s aegis, including local authorities.
42
Head 20
Consultants and advisers to the Office of the Planning Regulator
Provide that:
(1) The Office of the Planning Regulator may from time to time engage such
consultants or advisers as it considers necessary for the performance of its
functions and any fees due to a consultant or adviser engaged pursuant to
this section shall be paid by the Office of the Planning Regulator out of
moneys at its disposal.
(2) The Office of the Planning Regulator shall include in each report made under
head 18 a statement of the names of the persons (if any) engaged pursuant
to this section during the year to which the report relates.
Notes:
This Head provides that the Office of the Planning Regulator may engage consultants or
advisers to assist in the performance of its functions.
The Office of the Planning
Regulator will have to outline in its annual report the names of any persons engaged in
this regard.
43
Head 21
Fees payable to the Office of the Planning Regulator
Provide that:
(1) The Office of the Planning Regulator may determine fees that may be charged in
relation to any matter referred to in subhead (2), subject to the approval of the
Minister, and a fee as so determined shall be payable to the Office of the
Planning Regulator by any person concerned as appropriate.
(2) The matters in relation to which the Office of the Planning Regulator may
determine fees under subhead (1) are in respect of reasonable costs for the
provision or undertaking of:
(a) education and training programmes, and
(b) research programmes,
(c) any other services, subject to the approval of the Minister.
Notes:
This Head provides that the Office of the Planning Regulator may charge fees in respect
of the reasonable costs arising in respect of the provision or undertaking of any training
and research programmes.
44
Head 22
Code of conduct
Provide that:
(1) (a) The Office of the Planning Regulator shall adopt a code of conduct for dealing
with conflicts of interest and promoting public confidence in the integrity of the
conduct of its business which must be followed by those persons referred to in
subsection (3).
(b) A code of conduct under this section shall be adopted within one year of the
commencement of this section, subject to the approval of the Minister.
(2) A code of conduct shall consist of a written statement setting out the Office of the
Planning Regulator’s policy on at least the following matters:
(a) disclosure of interests and relationships where the interests and relationships
are of relevance to the work of the Office of the Planning Regulator, as
appropriate;
(b) membership of other organisations, associations and bodies, professional or
otherwise;
(c) membership of, or other financial interests in, companies, partnerships or
other bodies;
(d) undertaking work, not being work on behalf of the Office of the Planning
Regulator, as the case may be, both during and after any period of employment
with the Office of the Planning Regulator, whether as a consultant, adviser or
otherwise;
(e) acceptance of gifts, sponsorship, considerations or favours;
45
(f) disclosure of information concerning matters pertaining to the work of the
Office of the Planning Regulator, as appropriate;
(g) following of best practice to be adopted in relation to the functions of the
Office of the Planning Regulator including the procedures for the provision of
statutory observations or submissions in relation to—
(i) the review, making and variation of development plans,
(ii) the review, making and amendment of local area plans,
(iii)the review, making and amendment of regional spatial and economic
strategies, and
(iv)the disclosure by employees of the Office of the Planning Regulator of any
representations made to such members or employees whether in writing or
otherwise in relation to those matters.
(3) This section shall apply to
(a) the Planning Regulator,
(b) an employee of the Office of the Planning Regulator or any other person—
(i) whose services are availed of by the Office of the Planning Regulator, and
(ii) who is of a class, description or grade prescribed for the purposes of this
Section.
(4) (a) It shall be a condition of appointment of persons listed at subhead (3)(a) that
they shall comply with the code of conduct.
(b) It shall be a condition of employment of persons listed at subhead (3)(b) that
they shall comply with the code of conduct.
(5) The Office of the Planning Regulator may at any time review a code of conduct
adopted under this section and may—
(a) amend the code of conduct, or
46
(b) adopt a new code of conduct.
Notes:
This is a standard provision providing for the adoption of a code of conduct by the Office
of the Planning Regulator, subject to the approval of the Minister, with which the
Planning Regulator and any of its staff must comply.
It provides that the code of conduct will set policies on matters such as:
-
disclosure of interests and relationships where the interests and relationships are
of relevance to the work of the Office of the Planning Regulator, as appropriate;
-
membership of other organisations, associations and bodies, professional or
otherwise;
-
membership of, or other financial interests in, companies, partnerships or other
bodies;
-
undertaking work, not being work on behalf of the Office of the Planning
Regulator, as the case may be, both during and after any period of employment
with the Office of the Planning Regulator, whether as a consultant, adviser or
otherwise;
-
acceptance of gifts, sponsorship, considerations or favours;
-
disclosure of information concerning matters pertaining to the work of the Office
of the Planning Regulator, as appropriate;
47
-
following of best practice to be adopted in relation to the functions of the Office of
the Planning Regulator including the procedures for the provision of statutory
observations or submissions in relation to—
(i) the review, making and variation of development plans,
(ii) the review, making and amendment of local area plans,
(iii)the review, making and amendment of regional spatial and economic
strategies, and
(iv)the disclosure by employees of the Office of the Planning Regulator of any
representations made to such members or employees whether in writing or
otherwise in relation to those matters.
48
CHAPTER 2
Evaluation and Assessment of Plans
Head 23
Evaluation and assessment of draft development plans, variations to
development plans and development plans as made by planning
authorities
Provide that:
(1) It shall be a duty of the Office of the Planning Regulator to evaluate and assess, at
least at a strategic level, draft development plans, development plans being made,
variations to development plans and development plans that are made at all
statutory stages of the plan making process to ensure that the plans as made
address the legislative and policy requirements as follows:
(i) Matters generally within the scope of Section 10 of the Principal Act;
(ii) Consistency between the development plan and the National Spatial
Strategy and Regional Spatial and Economic Strategies;
(iii) Relevant Guidelines for Planning Authorities made under Section 28 or
Policy Directives issued under Section 29 of the Act; and
(iv) Such other matters as the Minister may prescribe.
(2) Chapter I of Part II of the Principal Act, as amended, is amended to make the Office
of the Planning Regulator a statutory consultee in respect of draft development
plans, variations to development plans and development plans that are made at all
statutory stages of the plan making process that may be published for public
consultation by the planning authority.
(3) The Office of the Planning Regulator shall submit such observations, and
recommendations in relation to its evaluation and assessments under subhead (1)
and Chapter I of Part II of the Principal Act to the relevant planning authority as are
necessary to ensure effective co-ordination of national, regional and local planning
requirements by the relevant planning authority in the discharge of its development
49
planning functions and copy the observations and recommendations to the
Minister.
(4) The report of the chief executive of the planning authority prepared for the
elected members under Chapter I of Part II of the Principal Act in respect of
preparation of the draft development plans, development plans being made and
variations to development plans, shall:
(i) summarise the issues raised in the submissions and recommendations
made by the Office of the Planning Regulator in relation to its evaluation
and assessments under subhead (1),
(ii) outline the recommendations of the chief executive in relation to the
manner in which those issues and recommendations should be
addressed, taking account of the proper planning and sustainable
development of the area, and
(iii) make the report available on the website of the planning authority
following the decision of the elected members.).
(5) A regional assembly shall send a copy of any observation or submissions it makes
to a planning authority on draft development plans, development plans being made
and variations to development plans, at all statutory stages of the plan making
process, to the Office of the Planning Regulator.
(6) .
(7) A planning authority shall notify the Office of the Planning Regulator within 5
working days of the making of a development plan or a variation to a development
plan and send a copy of the written statement and maps as made and where, in the
opinion of the Chief Executive, the planning authority decides not to comply with
any recommendations made in the report and made the plan in such a manner as
to be inconsistent with any observation and recommendation made by the Office of
the Planning Regulator, the chief executive shall inform the Office of the Planning
50
Regulator accordingly in writing, which notice shall state reasons for the decision of
the planning authority.
(8) The Office of the Planning Regulator shall consider whether or not the plan as
made by the planning authority is, in its opinion, consistent with any observations
and recommendations made by the Office of the Planning Regulator.
(9) Where the Office of the Planning Regulator is of the view that, in its opinion:
(i) the plan has not been made in a manner consistent with the observations
and recommendations of the Office of the Planning Regulator;
(ii) that such decision has resulted in the making of a development plan that
fails to set out an overall strategy for the proper planning and sustainable
development of the area; and
(iii) would merit the use of the Ministers power under Section 31 of the Principal
Act;
the Office of the Planning Regulator shall inform the Minister by issuing a notice to
the Minister with recommendations on how to ensure the plan sets out an overall
strategy for proper planning and sustainable development and that the Minister
uses his/her powers to take such steps as to rectify the matter in a manner that the
Minister sees fit.
(10) A copy of the notice issued to the Minister under subhead (10) shall be made
available on the website of the Office of the Planning Regulator.
(11) The Minister shall consider the recommendations of the Office of the Planning
Regulator and where the Minister agrees with the notice from the Office of the
51
Planning Regulator, the Minister shall proceed, pursuant to Section 31 of the
Principal Act, to issue a notice of intent to issue a draft direction to the planning
authority.
(12) Where the Minister does not agree with the notice from the Office of the Planning
Regulator, the Minister shall:
(i) state his or her reasons and lay such reasons before each House of the
Oireachtas, and
(ii) make available on the website of the Department his or her reasons
provided under this subhead.
(13) A copy of the Ministers reasons provided under subhead (13) shall be copied to
the Office of the Planning Regulator and the relevant planning authority and
made available on the website of each.
(14) Where the Minister issues a notice of intent to issue a draft direction to a planning
authority, the notice shall specify that the report of the chief executive on the
submissions on the draft direction shall be made to the Office of the Planning
Regulator.
(15) The Office of the Planning Regulator shall consider the chief executive’s report on
the submissions and shall recommend to the Minister to issue the direction with or
without amendment, minor amendments or where the Office of the Planning
Regulator 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 or submissions made, or
(iii) it is necessary for any other reason, the Office of the Planning
Regulator may, for stated reasons, appoint an inspector no later than 3
weeks after the date of receipt of the chief executive’s report.
52
(16) The inspector appointed, under subhead (15), shall be a person who, in the
opinion of the Office of the Planning Regulator, has satisfactory experience and
competence to perform the functions required of him or her pursuant to this
head. and shall be independent in the performance of his or her functions.
(17) The inspector appointed, having regard to the stated reasons for his or her
appointment—
(a) shall review the draft direction, the chief executive’s report furnished
and submissions made,
(b) shall consult with the chief executive and elected members of the
planning authority,
(c) may consult with the regional assembly and persons who made
submissions, and
(d) shall no later than 3 weeks after he or she was appointed, furnish a
report containing recommendations to the Office of the Planning
Regulator.
(18) Copies of the report of the inspector shall be furnished as quickly as possible by
the Office of the Planning Regulator to the chief executive, to the regional
assembly and copies of the report shall also be made available electronically to
persons who made submissions.
(19) The persons who have been furnished or made available with the report of the
inspector under subhead (18) may make a submission to the Office of the
Planning Regulator in relation to any matter referred to in the report no later
than 10 days after the receipt by them of the report.
(20) No later than 3 weeks (or as soon as may be during such period extending that
3 week period as the Office of the Planning Regulator may decide) after receipt
of the report of the inspector, or any submissions made to him or her, the Office
53
of the Planning Regulator, having considered the report, recommendations or
submissions, as the case may be, shall recommend to the Minister for stated
reasons—
(a) to issue the direction,
(b) not to issue the direction, or
(c) to issue the direction, which has been amended by the Office of the
Planning Regulator to take account of any of the matters referred to in
subparagraphs (i) or (ii) as the Office of the Planning Regulator considers
appropriate:
(i) recommendations contained in the report of the inspector; or
(ii) any submissions made.
(21) A copy of the recommendations issued to the Minister under subhead (19) the
report of the inspector and any submissions made shall be made available on
the website of the Office of the Planning Regulator and copied to the relevant
planning authority.
(22) The direction issued by the Minister is deemed to have immediate effect and its
terms are considered to be incorporated into the plan, or, if appropriate, to
constitute the plan.
(23) The Minister shall cause a copy of a direction issued to be laid before each
House of the Oireachtas.
(24) As soon as may be after a direction is issued to a planning authority, the
planning authority shall make the direction so issued available to 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 website of the
planning authority or otherwise in electronic form
.
(25) A copy of the direction issued by the Minister under subhead (22) shall be
54
copied to the Office of the Planning Regulator and
made available on the
website of the Office of the Planning Regulator.
(26) The Minister shall publish a copy of the direction issued under subhead (22) on
the website of the Department.
Notes:
This head provides that the Office of the Planning Regulator will be a statutory consultee
and will evaluate and assess, at least at a strategic level, draft development plans,
development plans being made, variations to development plans and development plans
that are made at all statutory stages of the plan making process to ensure the plans as
made address the legislative and policy requirements as follows:
-
The content of development plans as provided for under the Planning Acts;
-
Consistency between the development plan and the National Spatial Strategy and
Regional Spatial and Economic Strategies;
-
Relevant statutory guidelines for Planning Authorities or Policy Directives issued by
the Minister; and
-
Such other matters as the Minister may prescribe.
The Office of the Planning Regulator will submit observations and recommendations at all
stages of the development planning process to the relevant planning authority and submit
copies to the Minister.
The chief executive’s report prepared for the elected members in respect of preparation
of the draft development plans, development plans being made and variations to
development plans, will:
(i) summarise the issues raised in the submissions and recommendations
made by the Office of the Planning Regulator,
(ii) outline the recommendations of the chief executive in relation to the
manner in which those issues and recommendations should be
55
addressed, taking account of the proper planning and sustainable
development of the area, and
(iii) be made available on the website of the planning authority following the
decision of the elected members.
A regional assembly will send a copy of any observation or submissions it makes to a
planning authority at all statutory stages of the plan making process to the Office of the
Planning Regulator.
A planning authority shall notify the Office of the Planning Regulator where, in the opinion
of the chief executive, the planning authority made the plan in such a manner as to be
inconsistent with any observations or recommendation made by the Office of the Planning
Regulator, and state the reasons for the decision of the planning authority.
Where the Planning Regulator is of the view that, in its opinion, that the plan as made does
not set out an overall strategy for proper planning and sustainable development, the Office
of the Planning Regulator shall inform the Minister with recommendations on how to
ensure a plan sets out an overall strategy for proper planning and sustainable
development and that the Minister uses his/her powers to take such steps as to rectify the
matter in a manner that the Minister sees fit. A copy of the notice issued to the Minister
will be made available on the website of the Office of the Planning Regulator.
Where the Minister agrees with the notice from the Office of the Planning Regulator the
Minister shall proceed to issue a notice of intent to issue a draft direction to the planning
authority or where the Minister does not agree with the notice from the Office of the
Planning Regulator, the Minister shall state his or her reasons and lay such reasons before
the Houses of the Oireachtas and make the stated reasons available on the
Department’s website. In addition a copy of the Ministers stated reasons will be copied
to the Office of the Planning Regulator and the relevant planning authority and made
available on the website of the Office of the Planning Regulator and the relevant
planning authority.
56
The Office of the Planning Regulator shall consider the chief executive’s report on the
submissions on a notice of intent to issue a draft direction and shall recommend to the
Minister to issue the direction with or without amendment minor amendments or where the
Office of the Planning Regulator believes that—
-
a material amendment to the draft direction may be required, or
-
further investigation is necessary in order to clarify any aspect of the report
furnished or submissions made, or
-
it is necessary for any other reason, the Office of the Planning Regulator may, for
stated reasons, appoint an inspector no later than 3 weeks after the date of
receipt of the chief executive’s report.
The inspector appointed may not be a staff member of the Office of the Planning
Regulator.
The inspector appointed having regard to the stated reasons for his or her
appointment—
-
shall review the draft direction, the report furnished and submissions made,
-
shall consult with the chief executive and elected members of the planning
authority,
-
may consult with the regional assembly and persons who made submissions,
and
-
shall no later than 3 weeks after he or she was appointed, furnish a report
containing recommendations to the Office of the Planning Regulator.
The persons who have been furnished or made available with the report of the inspector
may make a submission to the Office of the Planning Regulator in relation to any matter
referred to in the report no later than 10 days after the receipt by them of the report.
The Office of the Planning Regulator, having considered the inspector’s report,
recommendations or submissions, as the case may be, shall recommend to the Minister
for stated reasons:
57
-
to issue the direction,
-
not to issue the direction, or
-
to issue the direction, which has been amended by the Office of the Planning
Regulator to take account of any of the matters referred to in subparagraphs (i)
or (ii) as the Office of the Planning Regulator considers appropriate:
(i) recommendations contained in the report of the inspector; or
(ii) any submissions made.
A copy of the recommendations issued to the Minister the report of the inspector and
any submissions made shall be made available on the website of the Office of the
Planning Regulator and copied to the relevant planning authority.
The direction including the stated reasons issued by the Minister is deemed to have
immediate effect and its terms are considered to be incorporated into the plan, or, if
appropriate, to constitute the plan.
The Minister shall cause a copy of a direction including the stated reasons issued to be
laid before each House of the Oireachtas.
A copy of the direction issued by the Minister shall be copied to and made available on
the website of the Office of the Planning Regulator.
As soon as may be after a direction is issued to a planning authority, the planning
authority shall make the direction so issued available to members of the public.
The Minister shall publish the direction as issued on the website of the Department.
58
Head 24
Evaluation and assessment of local area plans, amendments to local
area plans and local area plans as made by planning authorities
Provide that:
(1) It shall be a duty of the Office of the Planning Regulator to evaluate and assess, at
least at a strategic level, draft local area plans, amendments to local area plans and
local area plans that are made at all statutory stages of the local area plan making
process to ensure that the local area plans as made address the legislative and
policy requirements as follows:
(a) Matters generally within the scope of Section 19 of the Principal Act;
(b) Consistent with the objectives of the relevant development plan, its core
strategy, any regional spatial and economic strategy that applies to the area
and the transport strategy of the National Transport Authority;
(c) Relevant Guidelines for Planning Authorities made under Section 28 or
Policy Directives issued under Section 29 of the Act; and
(d) Such other matters as the Minister may prescribe.
(2) Chapter II of Part II of the Principal Act, as amended, is amended to make the
Office of the Planning Regulator a statutory consultee in respect of draft local area
plans, amendments to local area plans and local area plans that are made at all
statutory stages of the local area plan making process that may be published for
public consultation by the planning authority.
(3) The
Office
of
the
Planning
Regulator
shall
submit
observations
and
recommendations in relation to its evaluation and assessments under subhead (1)
and Chapter II of Part II of the Principal Act, to the relevant planning authority as
are necessary to ensure effective co-ordination of national regional and local
planning requirements by the relevant planning authority in the discharge of its
development planning functions and copy the observations and recommendations
to the Minister.
59
(4) The report of the chief executive of the planning authority prepared for the
elected members under Chapter II of Part II of the Principal Act in respect of
preparation of the draft local area plan, amendment of the local area plan or the
local area plan being made, shall:
(i) summarise the issues raised in the submissions and recommendations
made by the Office of the Planning Regulator in relation to its evaluation
and assessments under subhead (1),
(ii) outline the recommendations of the chief executive in relation to the
manner in which those issues and recommendations should be
addressed, taking account of the proper planning and sustainable
development of the area, and make the report available on the website of
the planning authority
(5) A planning authority shall notify the Office of the Planning Regulator within 5
working days of the making of a local area plan or an amendment to a local area
plan and send a copy of the written statement and maps as made and where, in the
opinion of the chief executive, the planning authority decides not to comply with any
recommendations made in the report and made the plan in such a manner as to be
inconsistent with any observations or recommendation made by the Office of the
Planning Regulator, the chief executive shall inform the Office of the Planning
Regulator accordingly in writing, which notice shall state reasons for the decision of
the planning authority.
(6) The Office of the Planning Regulator shall consider whether or not the plan as
made by the planning authority is, in its opinion, consistent with any observations or
recommendations made by the Office of the Planning Regulator.
(7) Where the Office of the Planning Regulator is of the view that, in its opinion:
(a) the plan has not been made in a manner consistent with the observations or
recommendations of the Office of the Planning Regulator;
60
(b) that such decision has resulted in the making of a plan that is inconsistent
with the development plan of the area; and
(c) would merit the use of the Ministers power under Section 31 of the Act;
the Office of the Planning Regulator shall inform the Minister by issuing a notice to
the Minister with recommendations on how to ensure the plan is consistent with the
development plan sets out an overall strategy for proper planning and sustainable
development and that the Minister uses his/her powers to take such steps as to
rectify the matter in a manner that the Minister sees fit.
(8) A copy of the notice issued to the Minister under subhead (7) shall be made
available on the website of the Office of the Planning Regulator.
(9) The Minister shall consider the recommendations of the Office of the Planning
Regulator and where the Minister agrees with the notice from the Office of the
Planning Regulator, the Minister shall proceed, pursuant to Section 31 of the
Principal Act, to issue a notice of intent to issue a draft direction to the planning
authority.
(10) Where the Minister does not agree with the notice from the Office of the Planning
Regulator, the Minister shall
(a) state his or her reasons and lay such reasons before each House of the
Oireachtas.
(b) make available for public inspection on the website of the Department his
or her reasons provided under this subhead
(11) A copy of the stated reasons of the Minister provided under subhead (10) shall
61
be copied to the Office of the Planning Regulator and the relevant planning
authority and made available on the website of the Office of the Planning
Regulator and the relevant planning authority.
(12) Where the Minister issues a notice of intent to issue a draft direction to a planning
authority, the notice shall specify that the chief executive’s report on the
submissions on the draft direction shall be made to the Office of the Planning
Regulator.
(13) The Office of the Planning Regulator shall consider the chief executive’s report on
the submissions and shall recommend to the Minister to issue the direction with or
without amendment minor amendments or where the Office of the Planning
Regulator 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 or submissions made, or
(iii) it is necessary for any other reason, the Office of the Planning
Regulator may, for stated reasons, appoint an inspector no later than 3
weeks after the date of receipt of the chief executive’s report.
(14) The inspector appointed, under subhead (13), shall be a person who, in the
opinion of the Office of the Planning Regulator, has satisfactory experience and
competence to perform the functions required of him or her pursuant to this
head. and shall be independent in the performance of his or her functions.
(15) The inspector appointed, having regard to the stated reasons for his or her
appointment—
(a) shall review the draft direction, the chief executive’s report furnished
and submissions made,
(b) shall consult with the chief executive and elected members of the
planning authority,
62
(c) may consult with the regional assembly and persons who made
submissions, and
(d) shall no later than 3 weeks after he or she was appointed, furnish a
report containing recommendations to the Office of the Planning
Regulator.
(16) Copies of the report of the inspector shall be furnished as quickly as possible by
the Office of the Planning Regulator to the chief executive, to the regional
assembly and copies of the report shall also be made available electronically to
persons who made submissions.
(17) The persons who have been furnished or made available with the report of the
inspector under subhead (16) may make a submission to the Office of the
Planning Regulator in relation to any matter referred to in the report no later
than 10 days after the receipt by them of the report.
(18) No later than 3 weeks (or as soon as may be during such period extending that
3 week period as the Office of the Planning Regulator may decide) after receipt
of the report of the inspector, or any submissions made to him or her, the Office
of the Planning Regulator, having considered the report, recommendations or
submissions, as the case may be, shall recommend to the Minister for stated
reasons—
(a) to issue the direction,
(b) not to issue the direction, or
(c) to issue the direction, which has been amended by the Office of the
Planning Regulator to take account of any of the matters referred to in
subparagraphs (i) or (ii) as the Office of the Planning Regulator considers
appropriate:
(i) recommendations contained in the report of the inspector; or
(ii) any submissions made.
63
(19) A copy of the recommendations issued to the Minister under subhead (18), the
report of the inspector and any submissions made shall be made available on
the website of the Office of the Planning Regulator and copied to the relevant
planning authority.
(20) The direction issued by the Minister is deemed to have immediate effect and its
terms are considered to be incorporated into the plan, or, if appropriate, to
constitute the plan.
(21) The Minister shall cause a copy of a direction issued to be laid before each
House of the Oireachtas.
(22) As soon as may be after a direction is issued to a planning authority, the
planning authority shall make the direction so issued available to 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.
(23) A copy of the direction issued by the Minister under subhead (20) shall be
copied to the Office of the Planning Regulator and made available on the
website of the Office of the Planning Regulator.
(24) The Minister shall publish a copy of the direction issued under subhead (20) on
the website of the Department..
Notes:
This head provides that the Office of the Planning Regulator will be a statutory consultee
and will evaluate and assess, at least at a strategic level, draft local area plans,
amendment to local area plans and local area plans that are made at all statutory stages
64
of the plan making process to ensure that the plans as made address the legislative and
policy requirements as follows:
-
The content of local area plans as provided for under the Planning Acts;
-
Consistent with the objectives of the relevant development plan, its core strategy,
any regional spatial and economic strategy that applies to the area and the
transport strategy of the National Transport Authority;
-
Relevant statutory guidelines for Planning Authorities or Policy Directives issued by
the Minister; and
-
Such other matters as the Minister may prescribe.
The Office of the Planning Regulator will submit observations and recommendations at all
stages of the local area planning process to the relevant planning authority and submit
copies to the Minister.
The chief executive’s report prepared for the elected members in respect of preparation
of the draft local area plan, amendment of the local area plan or the local area plan being
made, will:
(i) summarise the issues raised in the submissions and recommendations
made by the Office of the Planning Regulator in relation to its evaluation
and assessments under subhead (1),
(ii) outline the recommendations of the chief executive in relation to the
manner in which those issues and recommendations should be
addressed, taking account of the proper planning and sustainable
development of the area, and
(iii) be made the report available on the website of the planning authority
following the decision of the elected members.
A planning authority shall notify the Office of the Planning Regulator where, in the opinion
of the chief executive, the planning authority made the plan in such a manner as to be
inconsistent with any observations or recommendation made by the Office of the Planning
65
Regulator, and state the reasons for the decision of the planning authority.
Where the Planning Regulator is of the view that, in its opinion, that the plan as made is
inconsistent with the relevant development plan and does not set out an overall strategy
for proper planning and sustainable development, the Office of the Planning Regulator
shall inform the Minister with recommendations on how to ensure a plan sets out an
overall strategy for proper planning and sustainable development and that the Minister
uses his/her powers to take such steps as to rectify the matter in a manner that the
Minister sees fit. A copy of the notice issued to the Minister will be made available on
the website of the Office of the Planning Regulator.
Where the Minister agrees with the notice from the Office of the Planning Regulator the
Minister shall proceed to issue a notice of intent to issue a draft direction to the planning
authority or where the Minister does not agree with the notice from the Office of the
Planning Regulator, the Minister shall state his or her reasons and lay such reasons before
the Houses of the Oireachtas and make the stated reasons available on the Department’s
website. In addition a copy of the Ministers stated reasons will be copied to the Office of
the Planning Regulator and the relevant planning authority and made available on the
website of the Office of the Planning Regulator and the relevant planning authority.
The Office of the Planning Regulator shall consider the chief executive’s report on the
submissions on a notice of intent to issue a draft direction and shall recommend to the
Minister to issue the direction with or without amendment minor amendments or where the
Office of the Planning Regulator believes that—
-
a material amendment to the draft direction may be required, or
-
further investigation is necessary in order to clarify any aspect of the report
furnished or submissions made, or
-
it is necessary for any other reason, the Office of the Planning Regulator may, for
stated reasons, appoint an inspector no later than 3 weeks after the date of
receipt of the chief executive’s report.
66
The inspector appointed may not be a staff member of the Office of the Planning
Regulator.
The inspector appointed having regard to the stated reasons for his or her
appointment—
-
shall review the draft direction, the report furnished and submissions made,
-
shall consult with the chief executive and elected members of the planning
authority,
-
may consult with the regional assembly and persons who made submissions,
and
-
shall no later than 3 weeks after he or she was appointed, furnish a report
containing recommendations to the Office of the Planning Regulator.
The persons who have been furnished or made available with the report of the inspector
may make a submission to the Office of the Planning Regulator in relation to any matter
referred to in the report no later than 10 days after the receipt by them of the report.
The Office of the Planning Regulator, having considered the inspector’s report,
recommendations or submissions, as the case may be, shall recommend to the Minister
for stated reasons:
-
to issue the direction,
-
not to issue the direction, or
-
to issue the direction, which has been amended by the Office of the Planning
Regulator to take account of any of the matters referred to in subparagraphs (i)
or (ii) as the Office of the Planning Regulator considers appropriate:
(i) recommendations contained in the report of the inspector; or
(ii) any submissions made.
A copy of the recommendations issued to the Minister, the report of the inspector and
any submissions made shall be made available on the website of the Office of the
Planning Regulator and copied to the relevant planning authority.
67
The direction issued by the Minister is deemed to have immediate effect and its terms
are considered to be incorporated into the plan, or, if appropriate, to constitute the plan.
The Minister shall cause a copy of a direction issued to be laid before each House of
the Oireachtas.
A copy of the direction issued by the Minister shall be copied to and made available on
the website of the Office of the Planning Regulator.
As soon as may be after a direction is issued to a planning authority, the planning
authority shall make the direction so issued available to members of the public.
The Minister shall publish a copy of the direction issued on the website of the
Department
68
Head 25
Evaluation and assessment of Regional Spatial and Economic
Strategies
Provide that:
(1) It shall be a duty of the Office of the Planning Regulator to evaluate and assess, at
a strategic level, draft regional spatial and economic strategies and regional spatial
and economic strategies that are made at all stages of the strategy making process
to ensure that the strategies as made address the legislative and policy
requirements as follows:
(a) Matters generally within the scope of Section 23 of the Principal Act;
(a) Consistency between the regional spatial and economic strategies and the
National Spatial Strategy and the long-term strategic planning framework
for the development of the region or regions, as the case may be, in
respect of which they are made, in accordance with the principles of
proper planning and sustainable development;
(b) Any guidelines issued by the Minister Relevant Guidelines for Planning
Authorities made under Section 28 or Policy Directives issued under Section
29 of the Act;
(c) Such other matters as the Minister may prescribe; and
(d) If applicable, in relation to a regional assembly or authorities in respect of
the Greater Dublin Area (GDA) that the strategy is consistent with the
transport strategy of the National Transport Authority.
(2) Chapter III of Part II of the Principal Act, as amended, is amended to make the
Office of the Planning Regulator a statutory consultee in respect of the regional
assembly giving notice of its intention to commence the process of making new
Regional Spatial and Economic Strategies and in respect of all stages of the
strategy making process that is published for public consultation.
(3) The
Office
of
the
Planning
Regulator
69
shall
submit
observations
and
recommendations in relation to its evaluation and assessments under subhead (1)
and Chapter III of Part II of the Principal Act, to the relevant regional assembly as
are necessary to ensure effective co-ordination of national and regional planning
requirements by the relevant regional assembly and copy the observations and
recommendations to the Minister.
(4) The report of the director of the regional assembly prepared for the members
under Chapter III of Part II of the Principal Act in respect of preparation of the
draft regional spatial and economic strategy and the regional spatial and
economic strategy as made, shall:
(i) summarise the issues raised in the submissions and
recommendations made by the Office of the Planning Regulator in
relation to its evaluation and assessments under subhead (1),
(ii) outline the recommendations of the director in relation to the
manner in which those issues and recommendations should be
addressed, taking account of the National Spatial Strategy and the
long-term strategic planning framework for the development of the
region or regions, as the case may be, in respect of which it is
made, in accordance with the principles of proper planning and
sustainable development, and
(iii) make the report available on the website of the regional assembly
(5) A regional assembly shall notify the Office of the Planning Regulator within 5
working days of the making of a regional spatial and economic strategy and send a
copy of the strategy where, in the opinion of the director, the regional assembly
decides not to comply with any recommendations made in the report and made the
strategy in such a manner as to be inconsistent with any observations or
recommendations made by the Office of the Planning Regulator , the director shall
inform the Office of the Planning Regulator accordingly in writing, which notice shall
state the reasons for the decision of the regional assembly.
(6) The Office of the Planning Regulator shall consider whether or not the Strategy as
70
made by the assembly is, in its opinion, consistent with any observations or
recommendations made by the Office of the Planning Regulator;
(7) Where the Office of the Planning Regulator is of the view that, in its opinion:
(a) the regional and spatial economic strategy has not been made in a manner
consistent with the observations and recommendations of the Office of the
Planning Regulator;
(b) that such decision has resulted in the making of a regional spatial and
economic strategy that is inconsistent with the National Spatial Strategy and
the long-term strategic planning framework for the development of the
region or regions, as the case may be, in respect of which it is made, and
not in accordance with the principles of proper planning and sustainable
development; and
(c) would merit the use of the Ministers power under Section 31A of the Act;
the Office of the Planning Regulator shall inform the Minister by issuing a notice to
the Minister with recommendations on how to ensure the strategy is made
consistent with the National Spatial Strategy and the long-term strategic planning
framework for the development of the region or regions, as the case may be, in
respect of which it is made, and is in accordance with the principles of proper
planning and sustainable development; and that the Minister uses his/her powers
to take such steps as to rectify the matter in a manner that the Minister sees fit.
(8) A copy of the notice issued to the Minister under subhead (7) shall be made
available on the website of the Office of the Planning Regulator.
(9) The Minister shall consider the recommendations of the Office of the Planning
Regulator and where the Minister agrees with the notice from the Office of the
71
Planning Regulator, the Minister shall proceed, pursuant to Section 31A of the
Principal Act, to issue a notice of intent to issue a draft direction to the regional
assembly.
(10) Where the Minister does not agree with the notice from the Office of the Planning
Regulator, the Minister shall
a. state his or her reasons and lay such reasons before each House of the
Oireachtas.
b. make available his or her reasons provided under this subhead on the
website of the Department.
(11) A copy of the Ministers reasons provided under subhead (10) shall be copied to
the Office of the Planning Regulator and the relevant regional assembly and
made available on the website of the Office of the Planning Regulator and the
relevant regional assembly.
(12) Where the Minister issues a notice of intent to issue a draft direction to a regional
assembly, the notice shall specify that the chief executive’s report on the
submissions on the draft direction shall be made to the Office of the Planning
Regulator.
(13) The Office of the Planning Regulator shall consider the director’s report on the
submissions and shall recommend to the Minister to issue the direction with or
without amendment, minor amendments or where the Office of the Planning
Regulator believes that—
(i) a material amendment to the draft direction may be required, or
72
(ii) further investigation is necessary in order to clarify any aspect of the
report furnished or submissions made, or
(iii) it is necessary for any other reason, the Office of the Planning
Regulator may, for stated reasons, appoint an inspector no later than 3
weeks after the date of receipt of the director’s report.
(14) The inspector appointed, under subhead (13), shall be a person who, in the
opinion of the Office of the Planning Regulator, has satisfactory experience and
competence to perform the functions required of him or her pursuant to this
head. and shall be independent in the performance of his or her functions.
(15) The inspector appointed, having regard to the stated reasons for his or her
appointment—
(a) shall review the draft direction, the director’s report furnished and
submissions made,
(b) shall consult with the director and members of the regional assembly,
(c) may persons who made submissions, and
(d) shall no later than 3 weeks after he or she was appointed, furnish a
report containing recommendations to the Office of the Planning
Regulator.
(16) Copies of the report of the inspector shall be furnished as quickly as possible by
the Office of the Planning Regulator, to the directorof the regional assembly and
copies of the report shall also be made available electronically to persons who
made submissions.
(17) The persons who have been furnished or made available with the report of the
inspector may make a submission to the Office of the Planning Regulator in
relation to any matter referred to in the report no later than 10 days after the
receipt by them of the report.
73
(18) No later than 3 weeks (or as soon as may be during such period extending that
3 week period as the Office of the Planning Regulator may decide) after receipt
of the report of the inspector, or any submissions made to him or her, the Office
of the Planning Regulator, having considered the report, recommendations or
submissions, as the case may be, shall recommend to the Minister for stated
reasons—
(a) to issue the direction,
(b) not to issue the direction, or
(c) to issue the direction, which has been amended by the Office of the
Planning Regulator to take account of any of the matters referred to in
subparagraphs (i) or (ii) as the Office of the Planning Regulator considers
appropriate:
(i) recommendations contained in the report of the inspector; or
(ii) any submissions made.
(19) A copy of the recommendations issued to the Minister under subhead (18), the
report of the inspector and any submissions made shall be made available on
the website of the Office of the Planning Regulator and copied to the relevant
regional assembly.
(20) The direction issued by the Minister is deemed to have immediate effect and its
terms are considered to be incorporated into the plan, or, if appropriate, to
constitute the strategy.
(21) The Minister shall cause a copy of a direction issued to be laid before each
House of the Oireachtas.
(22) As soon as may be after a direction is issued to a regional assembly, the
regional assembly shall make the direction so issued available by placing it on
the website of the assembly.
74
(23) A copy of the direction issued by the Minister under subhead (20) shall be
copied to the Office of the Planning Regulator and
made available on the
website of the Office of the Planning Regulator.
(24) The Minister shall publish a copy of the direction issued under subhead (20) on
the website of the Department
Notes:
This head provides that the Office of the Planning Regulator will be a statutory consultee
and will evaluate and assess at a strategic level, draft regional spatial and economic
strategies and strategies that are made at all stages of the strategy making process to
ensure that the strategies as made address the legislative and policy requirements as
follows:
-
The content of regional spatial and economic strategies as provided for under the
Principal Act;
-
Consistency between the regional spatial and economic strategies and the National
Spatial Strategy and the long-term strategic planning framework for the
development of the region or regions, as the case may be, in respect of which
they are made, in accordance with the principles of proper planning and
sustainable development;
-
Relevant guidelines for regional assemblies or policy directives issued by the
Minister;
-
Such other matters as the Minister may prescribe; and
-
if applicable, in relation to a regional assembly or assemblies in respect of the
Greater Dublin Area (GDA), consistency with the transport strategy of the
National Transport Authority.
The Office of the Planning Regulator will submit observations and recommendations at all
stages of the regional spatial and economic strategy process to the relevant regional
assembly and submit copies to the Minister.
75
The director’s report prepared for the members in respect of preparation of the draft
regional spatial and economic strategy and the regional spatial and economic strategy
as made, will:
(i) summarise the issues raised in the submissions and recommendations
made by the Office of the Planning Regulator,
(ii) outline the recommendations of the director in relation to the manner in
which those issues and recommendations should be addressed, taking
account of the National Spatial Strategy and the long-term strategic
planning framework for the development of the region or regions, as the
case may be, in respect of which it is made, in accordance with the
principles of proper planning and sustainable development, and
(iii) be made available on the website of the regional assembly.
A regional assembly shall notify the Office of the Planning Regulator where, in the opinion
of the director, the regional assembly made the strategy in such a manner as to be
inconsistent with any observations or recommendation made by the Office of the Planning
Regulator, and state the reasons for the decision of the regional assembly.
Where the Planning Regulator is of the view that, in its opinion, that the strategy as made
does not set out a strategy that is in compliance with the Planning Act and is consistent
with the National Spatial Strategy and the long-term strategic planning framework for the
development of the region or regions, as the case may be, in respect of which they are
made, in accordance with the principles of proper planning and sustainable
development, the Office of the Planning Regulator shall inform the Minister with
recommendations on how to ensure a plan sets out an overall strategy for proper planning
and sustainable development and that the Minister uses his/her powers to take such steps
as to rectify the matter in a manner that the Minister sees fit. A copy of the notice issued
to the Minister will be made available on the website of the Office of the Planning
Regulator.
Where the Minister agrees with the notice from the Office of the Planning Regulator the
Minister shall proceed to issue a notice of intent to issue a draft direction to the regional
76
assembly or where the Minister does not agree with the notice from the Office of the
Planning Regulator, the Minister shall state his or her reasons and lay such reasons before
the Houses of the Oireachtas and make the stated reasons available on the Department’s
website. In addition, a copy of the Minister’s stated reasons will be copied to the Office
of the Planning Regulator and the relevant regional assembly and made available on
the website of the Office of the Planning Regulator and the relevant regional assembly.
The Office of the Planning Regulator shall consider the director’s report on the
submissions on a notice of intent to issue a draft direction and shall recommend to the
Minister to issue the direction with or without amendment minor amendments or where the
Office of the Planning Regulator believes that—
-
a material amendment to the draft direction may be required, or
-
further investigation is necessary in order to clarify any aspect of the report
furnished or submissions made, or
-
it is necessary for any other reason, the Office of the Planning Regulator may, for
stated reasons, appoint an inspector no later than 3 weeks after the date of
receipt of the director’s report.
The inspector appointed may not be a staff member of the Office of the Planning
Regulator.
The inspector appointed having regard to the stated reasons for his or her
appointment—
-
shall review the draft direction, the report furnished and submissions made,
-
shall consult with the director and the members of the regional assembly,
-
may consult with persons who made submissions, and
-
shall no later than 3 weeks after he or she was appointed, furnish a report
containing recommendations to the Office of the Planning Regulator.
The persons who have been furnished or made available with the report of the inspector
may make a submission to the Office of the Planning Regulator in relation to any matter
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referred to in the report no later than 10 days after the receipt by them of the report.
The Office of the Planning Regulator, having considered the inspector’s report,
recommendations or submissions, as the case may be, shall recommend to the Minister
for stated reasons:
-
to issue the direction,
-
not to issue the direction, or
-
to issue the direction, which has been amended by the Office of the Planning
Regulator to take account of any of the matters referred to in subparagraphs (i)
or (ii) as the Office of the Planning Regulator considers appropriate:
(i) recommendations contained in the report of the inspector; or
(ii) any submissions made.
A copy of the recommendations issued to the Minister the report of the inspector and
any submissions made shall be made available on the website of the Office of the
Planning Regulator and copied to the relevant regional assembly.
The direction issued by the Minister is deemed to have immediate effect and its terms
are considered to be incorporated into the strategy, or, if appropriate, to constitute the
strategy.
The Minister shall cause a copy of a direction issued to be laid before each House of
the Oireachtas.
A copy of the direction issued by the Minister shall be copied to and made available on
the website of the Office of the Planning Regulator.
As soon as may be after a direction is issued to a regional assembly, the regional
assembly shall make the direction so issued available for inspection by members of the
public.
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The Minister shall publish a copy of the direction issued on the Departments website
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CHAPTER 3
Research, Education and Training
Head 26
Research
Provide that:
(1) The Office of the Planning Regulator shall conduct research in relation to matters
relevant to its functions as well as such other matters as may be requested of the
Office of the Planning Regulator, from time to time, by the Minister.
(2) The Office of the Planning Regulator may enter into arrangements with suitably
qualified individuals and or professional and educational/research institutes and
organisations for the conduct of such research as the Office of the Planning
Regulator would see fit and subject to the consent of the Minister and that would be
relevant to its statutory role.
(3) The Office of the Planning Regulator shall report, in the Annual Report, on its
research activities undertaken in each year.
Notes:
This head provides that the Office of the Planning Regulator shall conduct research in
relation to matters relevant to its functions as well as such other matters as may be
requested by the Minister, from time to time.
It also provides that the Office of the Planning Regulator may enter into arrangements with
suitably qualified individuals and or professional and educational/research institutes and
organisations for the conduct of such research as the Office of the Planning Regulator
would see fit and subject to the consent of the Minister and that would be relevant to its
statutory role.
It also provides that the Office of the Planning Regulator shall report on its research
activities undertaken in each year in its annual report.
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Head 27
Education and training
Provide that:
(1) The Office of the Planning Regulator shall conduct education and training
programmes for elected members of planning authorities and other public
officials in relation to such matters as it may consider are relevant to its functions,
in particular the principles underpinning proper planning and sustainable
development, as well as such other matters as may be requested of the Office of
the Planning Regulator, from time to time, by the Minister.
(2) The Office of the Planning Regulator may enter into arrangements with suitably
qualified individuals and or professional and educational and research institutes
and organisations for the provision of such education and training services as the
Office of the Planning Regulator would see fit and relevant to its statutory role.
(3) The Office of the Planning Regulator shall report, in the Annual Report, on its
education and training activities undertaken in each year.
Notes:
This head provides that the Office of the Planning Regulator shall conduct education and
training programmes for elected members of planning authorities and other public
officials in relation to such matters as it may consider are relevant to its functions, in
particular the principles underpinning proper planning and sustainable development, as
well as such other matters as may be requested of the Office of the Planning Regulator
by the Minister, from time to time.
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It also provides that the Office of the Planning Regulator may enter into arrangements
with suitably qualified individuals and or professional and educational and research
institutes and organisations for the provision of such education and training services as
the Office of the Planning Regulator would see fit and relevant to its statutory role.
It also provides that the Office of the Planning Regulator shall report, in the Annual Report,
on its education and training activities undertaken in each year.
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CHAPTER 4
Review of Planning Functions
Head 28
Review of performance of functions of planning authorities and An
Bord Pleanála
Provide that:
(1) In this section —
“relevant body” means the Ombudsman or the Standards in Public Office
Commission or An Garda Síochána
(2) The Office of the Planning Regulator may conduct a review of a planning
authority from time to time as it deems necessary, or of a planning authority or
the Board as may be requested by the Minister, for the purposes of review of its
organisation and of the systems and procedures used by it in relation to the
performance of its functions under the Principal Act, where a planning authority
(a) may not be carrying out such functions in accordance with the
requirements of or under the Principal Act,
(b) is not in compliance with guidelines issued under section 28, a
directive issued under section 29, or a direction issued under section
31,
(c) may be applying inappropriate standards of administrative practice or
otherwise contrary to fair or sound administration in the conduct of its
functions,
(d) may be applying systemic discrimination in the conduct of its functions,
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(e) may be operating in a manner whereby there is impropriety or risks of
corruption in the conduct of its functions, or
(f) may be operating in a manner whereby there are
serious
diseconomies or inefficiencies in the conduct of its functions,
and the Office of the Planning Regulator shall report on the results of the
review conducted and shall make recommendations, as appropriate, to
the planning authority, the Board and the Minister.
Reports issued by the Office of the Planning Regulator under this head
shall be published on its website and laid before each House of the
Oireachtas.
(3) The Office of the Planning Regulator may examine complaints made by any
person to the Office of the Planning Regulator in respect of a planning authority
where it relates to its organisation and of the systems and procedures used by
the planning authority in relation to the performance of its functions under the
Principal Act.
(4) Where a complaint is deemed by the Office of the Planning Regulator to be within
the scope of subhead (3) and the Office of the Planning Regulator has formed
the opinion upon having carried out a preliminary examination of the complaint, it
appears to the Office of the Planning Regulator, having regard to all
circumstances, that an examination would be warranted, from information,
records or documents available that a planning authority (a) maynot be carrying out its functions in accordance with the
requirements of or under the Principal Act,
(b) is not in compliance with guidelines issued under section 28, a
directive issued under section 29, or a direction issued under section
31,
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(c) may be applying inappropriate standards of administrative practice or
otherwise contrary to fair or sound administration in the conduct of its
functions,
(d) may be applying systemic discrimination in the conduct of its functions,
(e) may be operating in a manner whereby the is impropriety or risks of
corruption in the conduct of its functions, or
(f) may be operating in a manner whereby there are
serious
diseconomies or inefficiencies in the conduct of its functions
the Office of the Planning Regulator shall make a report on the results of
the examination conducted and shall make recommendations, as
appropriate, to the planning authorityor the Minister, or where the Office of
the Planning Regulator considers necessary to submit the report or
complaint, including any information, records or documents available to
him or her, as appropriate, to the relevant body for their consideration.
(5) The Office of the Planning Regulator may—
(a)
having carried out a preliminary examination of a complaint, decide not to
carry out an examination under this Head into any matter in respect of
which a complaint is made and give a reason for such decision as
specified under subhead (5), or
(b)
discontinue an examination under this Head into such matter,
if the Office of the Planning Regulator forms the opinion that—
(i) the complaint cannot be substantiated, is trivial or vexatious,
(ii) the person making the complaint has not taken reasonable steps to
pursue the subject matter of the complaint with the planning authority
concerned.
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(iii) the person making the complaint has instituted litigation or where he or
she has not explored all avenues of appeal or review open to him or
her on the subject matter.
(c) The provisions of section 50 of the Principal Act shall apply to this section.
(6) In any case where a complaint is made to the Office of the Planning Regulator
and the Office of the Planning Regulator decides not to carry out an examination
under this Act into the complaint or to discontinue such an examination, the
Office of the Planning Regulator shall submit to the person who made the
complaint a statement in writing of its reasons for the decision.
(7) In determining whether to initiate, continue or discontinue a review or
examination under this Head, the Office of the Planning Regulator shall, subject
to the provisions of this Head, act in accordance with its own discretion.
(8) An examination by the Office of the Planning Regulator shall not affect the
validity of the matter examined or any power or duty of the performance of the
function of the planning authority or the Board under the Principal Act to exercise
further functions of the planning authority or the Board under the Principal Act
with respect to any matters the subject of the examination.
(9) The Office of the Planning Regulator 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.
(10) The Office of the Planning Regulator as part of its review or examination may
request from a planning authority or the Board such information, records or
documents relating to the performance of its functions from time to time and a
planning authority or the Boardshall supply such information, records, or
documents.
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(11) Where the Office of the Planning Regulator conducts a review or examination,
the planning authority or the Board shall cooperate and comply with any request
of the Office of the Planning Regulator in relation to all or any of the matters
which are the subject of the review or examination.
(12) It shall be the duty of every member and every official of a planning authority or
the Board to co-operate with the Office of the Planning Regulator.
(13) The Office of the Planning Regulator may appoint an authorised person to carry
out a review or examination in accordance with this Head and the authorised
person appointed shall report to the Office of the Planning Regulator.
(14) (a)
The planning authority or the Board shall supply the Office of the Planning
Regulator or an authorised officer as the Office of the Planning Regulator
may appoint, with such information, records, or documents relating to the
performance of its functions as he or she may from time to time request.
(b)
The Office of the Planning Regulator or an authorised person appointed for
the purposes of this head is entitled at all reasonable times to enter and
inspect any land or premises or structure (other than a dwelling) which is
owned, used, controlled or managed by a planning authority or the
Boardand shall be afforded every facility and co-operation by the planning
authority (its chief executive and staff) or the Board including the giving of
information, records, or documents which he or she reasonably requires
and shall have access to all documents, records, or other information
which he or she may reasonably require.
(15) Any person who obstructs or impedes or refuses to comply with a request of the
Office of the Planning Regulator or an authorised person acting in the exercise of
the functions conferred on him or her by subhead (12)(b) shall be guilty of an
offence and is liable on summary conviction to a Class C fine or, at the discretion
of the court, to imprisonment for a term not exceeding 6 months or to both.
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Notes:
This head is based on Section 255 of the Planning Acts which gives powers to the
Minister in relation to the carrying out of reviews of a planning authority in respect of its
organisation and of the systems and procedures used by it in relation to its functions
under the Principal Act and certain provisions of the Ombudsman Act 1980.
It provides that the Office of the Planning Regulator may conduct a review of a planning
authority from time to time, or examine complaints made by any person to the Office of
the Planning Regulator, or as requested by the Minister, for the purposes of review or
examination of its organisation and of the systems and procedures used by it in relation
to the performance of its planning functions where a planning authority-
may not be carrying out its functions in accordance with the requirements of or
under this Act,
-
is not in compliance with guidelines issued under section 28, a directive issued
under section 29, or a direction issued under section 31,
-
may be applying inappropriate standards of administrative practice or otherwise
contrary to fair or sound administration in the conduct of its functions,
-
may be applying systemic discrimination in the conduct of its functions,
-
may be operating in a manner whereby the is impropriety or risks of corruption in
the conduct of its functions, or
-
may be operating in a manner whereby there are serious diseconomies or
inefficiencies in the conduct of its functions
the Office of the Planning Regulator, where the office considers it
necessary or appropriate, shall report on the results of the review or
examination conducted and shall make recommendations, as appropriate,
to the planning authority or the Minister, or where the Office of the
Planning Regulator considers necessary to submit the report or complaint,
88
including any information, records or documents available to him or her,
as appropriate, to the relevant body for their consideration.
It provides that the Office of the Planning Regulator may conduct a review of the Board,
as requested by the Minister, on the performance of its functions for the purposes of
review or examination of its organisation and of the systems and procedures used by it
in relation to its planning functions,
It provides that the Office of the Planning Regulator may—
-
having carried out a preliminary examination of a complaint where it relates to
the planning authorities organisation and of the systems and procedures used
by the planning authority in relation to the performance of its functions under the
Principal Act , decide not to carry out an examination under this Head into any
matter in respect of which a complaint is made, or
-
discontinue an examination under this Head into such matter, if the Office of the
Planning Regulator forms the opinion that—
o the complaint is not substantiated, is trivial or vexatious,
o the person making the complaint has not taken reasonable
steps to seek redress in respect of the subject matter of the
complaint or, if he has, has not been refused redress.
o the person making the complaint has instituted litigation or has
not explored all avenues of appeal or review open to him or her
on the subject matter
The provisions of section 50 of the Principal Act with regard to judicial review shall apply
to this section.
89
It provides that in any case where a complaint is made to the Office of the Planning
Regulator and the Office of the Planning Regulator decides not to carry out an
examination into the complaint or to discontinue such an examination, the Office of the
Planning Regulator shall submit to the person who made the complaint a statement in
writing of its reasons for the decision.
It provides that in determining whether to initiate, continue or discontinue a review or
examination under this Head, the Office of the Planning Regulator shall, subject to the
provisions of this Head, act in accordance with its own discretion.
It provides that an examination by the Office of the Planning Regulator shall not affect
the validity of the matter examined or any power or duty of the performance of the
function of the planning authority or the Board under the Principal Act to exercise further
functions of the planning authority or the Board under the Principal Act with respect to
any matters the subject of the examination.
It provides that the Office of the Planning Regulator shall not exercise any power or
control in relation to any particular case with which a planning authority or the or the
Board is or may be concerned.
It provides that the Office of the Planning Regulator may request from a planning
authority or the Boardsuch information, records or documents relating to the
performance of its functions from time to time and a planning authority or the Board
shall supply such information, records, documents, or thing.
It provides that where the Office of the Planning Regulator conducts a review or
examination, the planning authority or the Board shall cooperate and comply with any
request of the Office of the Planning Regulator in relation to all or any of the matters
which were the subject of the review or examination.
It provides that it shall be the duty of every member and every official of a planning
authority or the Boardto co-operate with the Office of the Planning Regulator.
It provides that the Office of the Planning Regulator may appoint a person or body, not
being the planning authority or the Board concerned, to carry out a review or
90
examination in accordance with this Head and the person or body appointed shall report
to the Office of the Planning Regulator.
It provides that the Office of the Planning Regulator may appoint an authorised person
to carry out a review or examination in accordance with this Head and the authorised
person appointed shall report to the Office of the Planning Regulator.
It provides that the planning authority or the Board shall supply the Office of the Planning
Regulator or an authorised officer as the Office of the Planning Regulator may appoint,
with such information relating to the performance of its functions as he or she may from
time to time request.
It provides that the Office of the Planning Regulator or an authorised person appointed
for the purposes of this head is entitled at all reasonable times to enter and inspect any
land or premises or structure (other than a dwelling) which is owned, used, controlled or
managed by a planning authority or the Board and shall be afforded every facility and
co-operation by the planning authority (its chief executive and staff) or the Board
including the giving of information which he or she reasonably requires and shall have
access to all documents, records or information which he or she may reasonably
require.
It provides that any person who obstructs or impedes or refuses to comply with a
request of the Office of the Planning Regulator or an authorised person acting in the
exercise of the functions conferred on him or her by subhead (12)(b) shall be guilty of
an offence and is liable on summary conviction to a Class C fine (of between €1,000
abd €2,500) or, at the discretion of the court, to imprisonment for a term not exceeding 6
months or to both.
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PART III
MISCELLANEOUS PROVISIONS
Head 29
National Planning Framework
Provide that:
After Part II Chapter II of the Principal Act, Chapter IIA National Planning Framework,
and
(1) In this section –
“National Planning Framework” means the “National Spatial Strategy: 2002 2020” published by the Government on 28 th November 2002, or any
document published by the Government which revises or replaces that
strategy.
(2) The objective of the National Planning Framework shall be to establisha
broad national plan for the Government in relation to the strategic planning of
urban and rural areas to secure balanced regional development and overall
proper planning and sustainable development and the co-ordination of
regional spatial and economic strategies and city and county development
plans.
(3) Any framework published after the commencement of this section shall
address, for a period of not less than the following ten years and not more
than 20 years, the matters below
(i) Identification of nationally strategic development requirements as
respects cities, towns and rural areas in relation to employment, future
population
change,
and
development requirements;;
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associated
housing
and
commercial
(ii) indication of national infrastructure priorities to address the strategic
requirements above 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;
(iii) promotion of coordination of development between the terrestrial and
marine sectors taking account of the provisions of the EU Marine
Strategy Framework Directive and a future Marine Spatial Plan;
(iv) conservation of the environment and its amenities, including the
landscape and archaeological, architectural and natural heritage; and
(v) 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.
Any Strategy published under this section shall give effect to the EU
European
Spatial
Development
Perspective
towards
balanced
and
sustainable development of the territory of the European Union, adopted by
the meeting of Ministers responsible for Regional/Spatial Planning of the
European Union at Potsdam, 10 and 11 May 1999 and shall take account of
the provisions of the Regional Development Strategy for Northern Ireland
published by the Northern Ireland Assembly.
(4) The Government shall prepare and publish the framework and keep
implementation of the Framework under review.
(5) Every 6 years after the date of publication of the framework, the Government
shall either
(a) revise the framework, or
(b) publish a statement of why it has decided not to revise it, and
(c) indicate when the strategy will next be revised or a new strategy prepared.
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(6) Provision shall be made for public participation in the preparation of the draft
framework which shall be with:
(a) regional assemblies and local authorities
(b) bodies prescribed under planning regulations for the purposes of
public consultation generally on plan-making; and
(c) members of the public.
(d) the Department for Regional Development (NI)
(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 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 framework, the Government shall have regard to
any resolution or report of, or of any committee of, the Oireachtas made,
during the period for consideration, as regards the proposed strategy (or as
the case may be the framework as proposed to be revised).
Notes
This head establishes a legislatively defined approach to the development of a
successor framework to the National Spatial Strategy (in line with the Mahon Tribunal
planning recommendation no. 1 that such arrangements be placed on a statutory
footing) which provides for:
(i) the high level objectives of such a framework; including
(ii) the identification of national level infrastructure projects
(iii) taking account of relevant EU and Northern Ireland documents;
94
(iv) arrangements for periodic review, suggested at six yearly periods to coincide with
the development plan cycle but with the option of leaving a longer period if
needs;
(v) arrangements in relation to public participation; and
(vi) Oireachtas approval.
95
Head 30
Amendment of Section 2 (Interpretation) of Principal Act
Provide that:
Section 2 of the Principal Act is amended by the insertion of the following definitions:
“Director” means the Director of the Office of the Planning Regulator appointed under this
Bill;
“plan” mean statutory development plan, variations of a development plan, local area
plans prepared or made under the Principal Act;
Note:
This Head amends the definitions for the terms used in the Planning and Development
Act 2000.
The need to include further definitions will be discussed, as appropriate, with the Office
of the Attorney General during the drafting of the Bill.
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Head 31
Amendment of Sections 9, 11, 12, 13, 18 and 20 of the Planning and
Development Act 2000
Provide that:
(1) Submissions or observations received under Sections 9, 11, 12, 13, 18 and 20
shall be published on the relevant planning authorities website within 7 days of
receipt.
(2) The chief executive’s report on submissions and observations received under
Sections 11, 12, 13 and 20 shall be published on the relevant planning
authorities website following its consideration by the member of the planning
authority.
Notes:
This Head provides for the publication of submissions and observations received in
respect of the pre-draft development plan issues paper, the draft development plan,
variation to the development plan and local area plan process including material
alterations, on the planning authorities websites within 7 days of receipt (in response to
the Mahon Tribunal planning recommendation no. 5 to increase transparency in the
planning process).
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Head 32
Amendment of Section 34 of the Planning and Development Act 2000
Provide that:
(1) Section 34 of the Principal Act is amended in subsection (6) to provide that the
relevant regional assembly shall be provided with copies of notice regarding a
proposed grant of planning permission that would contravene materially the
development plan or local area plan.
(2) Section 34 of the Principal Act is amended in subsection (6) paragraph (a)
subparagraph (i), and paragraph (c), to provide that the reference to a
development plan refers to both a development plan and a local area plan.
(3) Section 34 of the Principal Act is amended in subsection (6) to provide that the
Office of the Planning Regulator shall, for information, be provided with copies of
notice regarding a proposed grant of planning permission that would contravene
materially the development plan or local area plan after the decision on the
planning permission has been made.
Notes:
This Head provides that copies of the notice by a planning authority on a proposed
grant of planning permission that would contravene materially the development plan or
local area plan would be given to the relevant regional assembly in order that they can
make submissions or observations as regards the making of a decision in this regard.
This provision is in response to the planning recommendation (No.6) of the ‘Final Report
of the Mahon Tribunal’, namely, the Final Report of the Tribunal of Inquiry into Certain
Planning Matters and Payments published on 22 March 2012 which states “Where the
elected members intend to grant planning permission in material contravention of the
98
development plan, they should be required to give advance notice of at least one month
of this intention to the relevant Regional Authority and to the Minister for the
Environment and be required to invite and consider submissions in relation to the
same.” The Minister is not being included in this provision as the Minister currently has
no role under the Planning Acts in relation to individual planning applications for
planning permission and it is not appropriate to set a precedent in this regard.
It also provides for a consequential amendment in line with the Planning and
Development (Amendment) Act 2010 whereby Section 34 was amended to also provide
for planning permission that would contravene materially the local area plan.
This Head also provides that copies of the notice by a planning authority on a proposed
grant of planning permission that would contravene materially the development plan or
local area plan would be given to the Office of the Planning Regulator for information
once a decision has been made in this regard.
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Head 33
Amendment of Sections 33 Planning and Development Act 2000
Provide that:
Section 33(2) of the Planning and Development Act 2000 is amended by the
substitution of the following paragraphs for paragraph (l)
“(l) requiring an applicant to submit specified information to the planning authority
with respect to development, or any class of development, carried out by a
person to whom section 35(7) applies pursuant to a permission granted to the
applicant or to any other person under this Part or under Part IV of the Act of
1963;
(m) facilitating the making of, and processing of, planning applications, appeals,
referrals and applications for approval under this Act by electronic means,
including the payment of fees and the issuing of decisions by electronic means,
and setting out requirements in that regard;
(n) requiring the inputting of data by planning authorities into such databases or
national planning systems as may be prescribed by the Minister;
(o) providing for the payment of a different fee, or no fee, by the members of a
local authority in respect of the making of a submission or observation to that
authority.”
Note:
This head provides, for the avoidance of doubt, that the Minister may make regulations:
100
-
facilitating E-planning by clarifying that planning authorities/the Board may
accept electronic applications/appeals and may deal with the applications
appeals by electronic means,
-
providing that planning authorities must provide information for systems
such as My-plan.
-
providing that elected members may pay a reduced fee or no fee for
making a submission on a planning application (in response to the Mahon
Tribunal planning recommendation no. 8 to provide that interventions made
by elected members in respect of specific applications should be noted on
file etc.).
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Head 34
Amendment of Sections 33 and 34 of the Water Services (No. 2) Act
2013
Provide that:
(1) Section 33 (Water Services Strategic Plan) of the Water Services (No. 2) Act
2013 is amended to provide that Irish Water shall have regard to any opinion of
the Minister on the national and regional order of priority to the planning and
development requirements of local authority development plans, including the
core strategy of such plans prepared in accordance with Section 10 of the
Planning and Development Acts 2000 (as amended) when preparing a water
services strategic plan.
(2) Section 34 (Investment Plans) of the Water Services (No. 2) Act 2013 is
amended to provide that Irish Water shall take account of any opinion of the
Minister on the national and regional order of priority to the planning and
development requirements of local authority development plans, including the
core strategy of such plans prepared in accordance with Section 10 of the
Planning and Development Acts 2000 (as amended) when preparing a water
services strategic plan..
Notes:
This Head provides that Irish Water shall have regard to any opinion of the Minister on
the national and regional order of priority to the planning and development requirements
of local authority development plans, including the core strategy of such plans prepared
in accordance with Section 10 of the Planning and Development Acts 2000 (as
amended) when preparing a water services strategic plan.
It also provides that Irish Water shall take account of any opinion of the Minister on the
national and regional order of priority to the planning and development requirements of
local authority development plans, including the core strategy of such plans prepared in
102
accordance with Section 10 of the Planning and Development Acts 2000 (as amended)
when preparing a water services strategic plan.
103