Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

“zoning objectives” means objectives for the zoning of land for a particular use or mixture of uses included in a development plan in accordance with subsection (6) of section 43.

18. Public inspection

18. Where this Part requires publication by the Minister, the Office of the Planning Regulator, a regional assembly or a planning authority of a notice stating that any matter or thing is or will be made available for inspection by the public, the Minister, the Office of the Planning Regulator, regional assembly or planning authority, as the case may be, shall ensure that the matter or thing is made available for inspection as stated in the notice for such period as may be provided for in or under this Part or stated in the notice or, where no such period is so provided or stated, for such period as the Minister, the Office of the Planning Regulator, regional assembly or planning authority, as the case may be, considers reasonable.

19. Evidence

19. (1) A document purporting to be a correct copy of a part or all of a plan, strategy or statement made under this Part and to be certified by an officer of—

(a) in the case of the National Planning Framework or a National Planning Statement, the Department of Housing, Local Government and Heritage,

(b) in the case of a regional spatial and economic strategy, a regional assembly, or

(c) in the case of a development plan, urban area plan, priority area plan or coordinated area plan, a planning authority,

shall be evidence of the plan, strategy or statement, or part, unless the contrary is shown, and it shall not be necessary to prove the signature of the officer or that he or she was in fact such an officer.

(2) Evidence of all or part of a plan, strategy or statement made under this Part may be given by production of a copy thereof certified in accordance with this section and it shall not be necessary to produce the plan, strategy or statement itself.

20. Regulations

20. The Minister may, for the purposes of giving further effect to the Strategic Environmental Assessment Directive, by regulations (in this Act referred to as the “Strategic Environmental Assessment Regulations”) make further provision for the application of the Directive to any plan or programme within the meaning of the Directive which is made under this Part.

Chapter 2

21. National Planning Framework

21. (1) The Government shall prepare and publish a document to be known as the National Planning Framework.

(2) The National Planning Framework shall contain a statement setting out the Government’s national plan in relation to the strategic planning and sustainable development of the State and shall include policies and proposals for the furtherance of the following objectives:

(a) securing national and regional development strategies, including maximising the potential of the regions;

(b) supporting proper planning and sustainable development in urban and rural areas;

(c) supporting the circular economy (within the meaning of section 6 of the Circular Economy and Miscellaneous Provisions Act 2022);

(d) securing the coordination of regional spatial and economic strategies and development plans;

(e) providing for land-sea interactions and securing coordination with the National Marine Planning Framework;

(f) the integration of the pursuit and achievement of the national climate objective and National Biodiversity Action Plan into plan-led development in the State.

(3) The National Planning Framework shall make provision for the following matters:

(a) identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing, commercial and public infrastructure;

(b) indication of national infrastructure priorities linked to the strategic development requirements referred to in paragraph (a), and in particular such priorities as relate to—

(i) transportation (including public transportation),

(ii) water services,

(iii) waste management,

(iv) energy and communications networks, and

(v) the provision of educational, healthcare, retail, cultural and recreational facilities;

(c) promotion of sustainable settlement patterns and transportation strategies in urban and rural areas, including the promotion of measures to—

(i) reduce anthropogenic greenhouse gas emissions,

(ii) take account of the need to adapt to and mitigate climate change, and

(iii) achieve the national climate objective;

(d) conservation of the environment and its amenities, including—

(i) landscape,

(ii) ecology,

(iii) biodiversity, and

(iv) archaeological, architectural and natural heritage;

(e) land-sea interactions and the promotion of coordination of development between the terrestrial and marine sectors;

(f) designation of regional growth centres.

(4) In making provision under paragraph (e) of subsection (3), the Government shall have regard to the National Marine Planning Framework.

(5) The Government shall take such steps as are necessary to ensure that the National Planning Framework in effect at any given time makes provision for a period in the future of not less than 10 years and not more than 20 years from the coming into effect of the framework, which period shall be specified in the National Planning Framework.

(6) Notwithstanding subsections (2) and (3) and the repeal of section 20A of the Act of 2000 effected by section 6, the National Planning Framework under that section that was in force immediately before such repeal shall—

(a) continue in force for the period that it would have continued in force but for such repeal,

(b) be deemed to be the first National Planning Framework made under subsection (1), and

22. Review of National Planning Framework

22. (1) The Government shall review the National Planning Framework in accordance with this section and sections 23 and 24.

(2) Each review shall be completed before the expiry of a period of 2 years, which period shall begin on the date of publication, by the Central Statistics Office, of the final results of the second occurrence of a census of population of the State held after the completion, in accordance with subsection (6), of the previous review.

(3) Without prejudice to the requirement in subsection (2), the Government may review the National Planning Framework before the expiry of a period of 2 years, which period shall begin on the date of publication, by the Central Statistics Office, of the final results of the first occurrence of a census of population of the State held after the completion, in accordance with subsection (6), of the previous review.

(4) In this section “occurrence of a census of population of the State” means the beginning of the period provided for by order under section 25 of the Statistics Act 1993 in respect of which the information specified in the order is to be provided.

(5) Where the Government reviews the National Planning Framework, they shall, as appropriate—

(a) approve a revised National Planning Framework,

(b) approve a new National Planning Framework, or

(c) subject to subsection (5) of section 21, determine that no revision of the National Planning Framework or new National Planning Framework is required and publish a statement explaining the reasons for the determination.

(6) A review of the National Planning Framework is completed on the date that the Government publishes a revised National Planning Framework or new National Planning Framework in accordance with subsection (5) of section 23 or the statement referred to in paragraph (c) of subsection (5), as the case may be.

(7) A revised National Planning Framework shall continue in effect for the remainder of the period for which the National Planning Framework which it revises is specified, under subsection (5) of section 21, to be in effect.

(8) The Minister shall, within 10 days of publication of a statement under paragraph (c) of subsection (5), lay a copy of the statement so published before each House of the Oireachtas.

23. Procedure for review of National Planning Framework

23. (1) Before carrying out a review under section 22, the Minister shall publish a notice of the Government’s intention to do so.

(2) The Minister shall make provision for public consultation in the review of the National Planning Framework, including arrangements for consulting—

(a) members of the Oireachtas,

(b) regional assemblies,

(d) the Commission,

(e) the Office of the Planning Regulator,

(f) the Environmental Protection Agency,

(g) the Maritime Area Regulatory Authority,

(h) members of the public,

(i) any Department or body in Northern Ireland having responsibility for regional development (where that Department or body agrees to such consultation), and

(j) such other persons or public bodies as the Minister considers appropriate.

(3) The revised or new National Planning Framework shall be subject to a screening assessment and if necessary a strategic environmental assessment or an appropriate assessment, or both, as the case may be, in accordance with the Strategic Environmental Assessment Directive (and Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6).

(4) In carrying out a review under section 22, the Government shall have regard to any observations made on foot of the consultations under subsection (2), including any resolution or report of the Oireachtas or any committee of the Oireachtas, in respect of the matters to be included in the National Planning Framework.

(5) Where after the Government has completed a review under section 22 and approved a revised or new National Planning Framework, the Government shall, as soon as practicable, publish on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage—

(a) the revised or new National Planning Framework, as the case may be, and

(b) a summary of any observations made on foot of the consultations under subsection (2).

(6) The Minister shall, within 10 days of publication under paragraph (a) of subsection (5), lay a copy of the revised or new National Planning Framework so published before each House of the Oireachtas.

(7) A revised or new National Planning Framework shall take effect 4 weeks after the date of publication under paragraph (a) of subsection (5).

(8) A failure to comply with subsections (2) and (3) of section 22 and subsection (6) within the time period specified therein shall not of itself invalidate the National Planning Framework.

24. Regard to be had to other matters when carrying out review under section 22

24. (1) The Government may, when carrying out a review under section 22, have regard to such plans and other documents as they consider appropriate.

(2) Without prejudice to the generality of subsection (1), the Government shall, when carrying out a review under section 22, have regard to—

(a) such plans or documents (if any) as may be prescribed and plans or documents of such class (if any) as may be prescribed, and

(b) such plans or documents (if any) as may be prescribed, and plans or documents of such class (if any) as may be prescribed, made or created by—

(i) an institution of the European Union,

(ii) the Government of a Member State of the European Union,

(iii) the Government of a Transboundary Convention State, or

(iv) a body that performs in such Member State or a Transboundary Convention State functions the same as or similar to those performed in the State by a regional assembly or a planning authority,

relating to maritime planning, land-use planning, strategic planning, spatial planning, economic planning or territorial planning.

Chapter 3

25. National Planning Statement

25. (1) The Minister may, at any time, with the approval of the Government, issue a statement (in this Act referred to as a “National Planning Statement”) which shall comprise two parts as follows:

(a) national policies and measures on planning matters to support proper planning and sustainable development (in this Act referred to as “National Planning Policies and Measures”);

(b) guidance as to the implementation of the policies and measures referred to in paragraph (a) (in this Act referred to as “National Planning Policy Guidance”).

(2) The Minister may, with the approval of the Government, amend or revoke a National Planning Statement issued under this section.

(3) The Minister shall publish on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage—

(a) a National Planning Statement,

(b) notice of an amendment of a National Planning Statement and a copy of the National Planning Statement as amended, and

(4) A National Planning Statement, amendment or revocation published under subsection (3) shall take effect on such date as may be specified therein or, where no date is specified, on the date of such publication.

(5) The Minister shall, within 10 days of publication under subsection (3), lay a copy of a National Planning Statement, amendment or revocation so published before each House of the Oireachtas.

(6) The Minister shall, within 10 days of publication under subsection (3), give a copy of a National Planning Statement, amendment or revocation so published to—

(a) each planning authority,

(b) each regional assembly,

(d) the Commission,

(e) the Environmental Protection Agency, and

(f) the Maritime Area Regulatory Authority.

(7) A failure to comply with subsections (5) and (6) within the time period specified therein shall not of itself invalidate a National Planning Statement.

(8) Notwithstanding the repeal of section 52 of the Act of 2000 effected by section 6, any guideline issued under the said section 52 that was in force immediately before that repeal shall continue in force on and after that repeal until—

(a) revoked by the Minister under subsection (9), or

(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts.

(9) The Minister may revoke guidelines under section 52 of the Act of 2000 that, by virtue of subsection (8), continue in force on and after the repeal of that section by section 6.

26. Considerations for issuance of National Planning Statement

26. (1) In deciding to issue and in formulating or amending a National Planning Statement under section 25, the Minister shall have regard to the desirability of setting out policy and providing guidance in relation to planning matters to support proper planning and sustainable development, including, but not limited to, the following:

(a) preparation of regional spatial and economic strategies, development plans, urban area plans, priority area plans, coordinated area plans and development schemes;

(b) the pattern, layout and format of development or of a particular type or types of development;

(d) the promotion, regulation or restriction of development or of a particular type or types of development or a particular use or uses of land including housing and housing supply;

(e) the objective of achieving consolidation and regeneration of urban centres, including consideration of appropriate density of residential and other development in cities and towns;

(f) protection of the amenities, character and vitality of rural areas;

(g) prevention, reduction, amelioration and mitigation of risks of environmental damage and risks to human health and safety from natural and man-made causes, including from flooding, and the factoring of such risks in the location of development;

(h) the promotion and regulation of renewable energy development in appropriate locations;

(i) protection of landscapes, and features of natural, archaeological, architectural and cultural heritage of value;

(j) protection of structures, parts of structures, or specified features of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest;

(k) preserving the character of architectural conservation areas;

(l) creation of conditions conducive to commercial and industrial development and the creation of employment at appropriate locations;

(m) promotion of sustainable settlement patterns and transportation strategies in urban and rural areas including measures—

(i) to reduce anthropogenic greenhouse gas emissions,

(ii) to support adaptation to and mitigation of climate change,

(iii) as are necessary to achieve the national climate objective, and

(iv) to support the circular economy strategy (within the meaning of section 6 of the Circular Economy and Miscellaneous Provisions Act 2022);

(n) integration of appropriate architectural urban design and quality standards into development plans, urban area plans, priority area plans, coordinated area plans, the preparation of development schemes and the assessment of any application for development consent under Part 4;

(o) the performance by regional assemblies, planning authorities and the Commission of any of their functions under this Act;

(p) integration of relevant climate action related policies and measures of the Government, including those prepared pursuant to the Climate Action and Low Carbon Development Act 2015, into regional spatial and economic strategies, development plans, urban area plans, priority area plans and coordinated area plans;

(q) integration of relevant policies and measures of the Government relating to biodiversity, including those in respect of the National Biodiversity Action Plan, into regional spatial and economic strategies, development plans, urban area plans, priority area plans and coordinated area plans.

(2) Before issuing a National Planning Statement, the Minister may consult—

(a) such other Ministers of the Government as the Minister considers appropriate,

(b) such public bodies as the Minister considers appropriate,

(d) members of the public.

(3) Where the Minister consults a person under subsection (2), the Minister shall have regard to any observations received before issuing a National Planning Statement.

(4) Before issuing a National Planning Statement, the Minister shall—

(a) determine whether the National Planning Statement which the Minister intends to issue is a plan or programme which comes within the scope of the requirements of the Strategic Environmental Assessment Directive, and, if so, determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is likely to have significant effects on the environment such that a strategic environmental assessment is required,

(b) determine, in accordance with Part 6, whether it is necessary to carry out an appropriate assessment, and

(c) publish the determinations made under paragraphs (a) and (b) on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(5) Where the Minister determines under subsection (4) that it is necessary to carry out a strategic environmental assessment or an appropriate assessment, the Minister shall, prior to issuing a National Planning Statement—

(a) conduct the strategic environmental assessment in accordance with the Strategic Environmental Assessment Regulations and this section or the appropriate assessment in accordance with Part 6 (and the Minister shall be the competent authority (within the meaning of Part 6) for the purposes of conducting such assessments), and

(b) consult members of the public.

(6) Where the Minister determines under subsection (4) that it is necessary to carry out a strategic environmental assessment or an appropriate assessment, the Minister shall—

(a) publish—

(i) a draft of the proposed National Planning Statement, and

(ii) a copy of the environmental report or the Natura impact report, as the case may be,

(b) invite observations on the documents published under paragraph (a) before the expiry of such period as may be specified in the notice, and

(7) Where the Minister, having taken account of any observations received under paragraph (c) of subsection (6), proposes to make amendments to the draft National Planning Statement, he or she shall determine whether it is necessary to carry out a strategic environmental assessment or an appropriate assessment in respect of the proposed amendments.

(8) Subject to subsection (9), where, pursuant to a screening assessment carried out under subsection (7), the Minister determines that the proposed amendments to the draft National Planning Statement require to be the subject of a strategic environmental assessment or an appropriate assessment, the procedure set out in subsection (6) shall be carried out in relation to the proposed amendments.

(9) Where the procedure set out in subsection (6) is carried out in relation to proposed amendments to a draft National Planning Statement in accordance with subsection (8), the Minister shall, in taking account of any observations received under paragraph (c) of subsection (6) in relation to the proposed amendments, determine whether to issue the draft National Planning Statement with or without the proposed amendments subject only to any minor modifications that he or she considers necessary.

(10) For the purposes of subsection (9), a modification shall be deemed to be minor where—

(a) it does not substantively or materially alter the draft National Planning Statement, and

(b) it is not likely to have significant effects on the environment or on any European site.

(11) For the purposes of conducting a screening assessment, strategic environmental assessment or appropriate assessment under this section, the Strategic Environmental Assessment Regulations or Part 6, the Minister may adopt, with or without modification, any such assessment carried out by a Department of State or consultant retained on behalf of the Minister.

(12) Subsections (2) to (11) shall apply to the amendment or revocation of a National Planning Statement as they apply to the issuance of a National Planning Statement and in the case of an amendment, a reference in subsections (6) to (10) to a draft National Planning Statement shall be construed as a reference to a draft of the proposed amendment.

27. Continuation in force of pre-commencement Ministerial guidelines

27. (1) Notwithstanding the repeal of section 28 of the Act of 2000 effected by section 6, any guideline issued under the said section 28 that was in force immediately before that repeal shall continue in force on and after that repeal until—

(a) revoked by the Minister under subsection (3), or

(b) a National Planning Statement is issued under this Chapter with which the guideline conflicts.

F2[(2) A guideline (other than a specific planning policy requirement referred to in subsection (1C) ofsection 28of theAct of 2000) that continues in force by virtue ofsubsection (1)shall have effect as if it were National Planning Policy Guidance and, accordingly, references in this Act to National Planning Policy Guidance shall be construed as including references to such a guideline.]

(3) The Minister may revoke any guidelines continued in force under subsection (1).

(4) Prior to revoking any guidelines under subsection (3), the Minister shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Directive Regulations) and the Habitats Directive (and Part 6).

(5) A reference in any guidelines continued in force under subsection (1) to a provision of the Act of 2000 shall be read as a reference to the provisions of this Act relating to the same subject-matter.

Chapter 4

28. Regional spatial and economic strategy

28. (1) A regional assembly shall, in accordance with this Chapter, make a long-term strategic planning and economic framework for the development of its region, which shall make provision for the matters set out in section 29 (in this Act referred to as a “regional spatial and economic strategy”).

(2) The objectives of a regional spatial and economic strategy shall be to support—

(a) the implementation of the National Planning Framework, and

(b) the economic policies and objectives of the Government.

(3) A regional spatial and economic strategy shall be in accordance with—

(a) the principles of proper planning and sustainable development, and

(b) the economic policies and objectives of the Government.

(4) A regional spatial and economic strategy shall make provision for a period that is not less than 10 years and not more than 20 years.

(5) A regional spatial and economic strategy shall be materially consistent with—

(a) the National Planning Framework,

(b) the National Marine Planning Framework, and

(6) The Minister may make regulations concerning the preparation, making and revision of regional spatial and economic strategies and related matters.

(7) Without prejudice to the generality of subsection (6), regulations made under that subsection may direct two or more regional assemblies—

(a) to prepare and make a regional spatial and economic strategy jointly in respect of—

(i) the combined regions of those regional assemblies, or

(ii) such part of the combined regions of those regional assemblies as may be specified in the regulations,

and

(b) to cooperate in respect of such other matters as may be prescribed.

29. Content of regional spatial and economic strategy

29. (1) A regional spatial and economic strategy shall make provision for the following matters:

(a) the identification of sustainable settlement patterns and transportation strategies in urban and rural areas;

(b) the strategic location of employment-related development and industrial and commercial development;

(d) the location of housing, including provision to meet any national and regional population growth targets set out in the National Planning Framework as between the functional areas of the planning authorities in the region and the relevant population and housing targets to be included in the housing development strategy of each planning authority;

(e) a strategy relating to onshore renewable energy to—

(i) meet national targets,

(ii) identify and facilitate electricity grid infrastructure, including upgrade projects and support infrastructure,

(iii) make provision for energy security, and

(iv) promote steps for coordination and cooperation between public bodies;

(f) a strategy relating to climate change adaptation and mitigation that is consistent with national policies and measures, including those prepared pursuant to the Climate Action and Low Carbon Development Act 2015, which provides for the coordination of public bodies in pursuance of the strategy;

(g) a strategy relating to marine and coastal matters that facilitates the coordination of land-sea interactions for coastal planning authorities within the region;

(h) coastal zone management as a consequence of sea level change, including the identification of strategic infrastructure;

(i) the provision of transportation (including public transportation), water services, energy and communications networks and waste management facilities;

(j) the identification of facilities relating to third level education, healthcare and sports of such scale as would serve the region;

(k) the preservation and protection of the environment and its amenities, including integration of the National Biodiversity Action Plan and the archaeological, architectural and natural heritage of the region;

(l) as appropriate, the protection of the linguistic and cultural heritage of the Gaeltacht;

(m) a strategy relating to landscape and landscape character that coordinates the categorisation of landscapes, in terms of their capacity to absorb particular types of development, across the region so as to ensure a consistent approach to the protection of the landscape;

(n) a strategy relating to economic matters that—

(i) identifies regional strengths and opportunities having regard to economic and employment trends,

(ii) identifies the regional attributes that are essential to enhancing regional economic performance, including the quality of the environment, cities, towns and rural areas, the physical infrastructure, and the social, community and cultural facilities,

(iii) sets out proposals to maintain or augment the attributes referred to in subparagraph (ii) in such manner as will be implemented under the strategy through the activities of public bodies, private sector investment and the community, and

(iv) identifies the means of maintaining and augmenting overall regional economic performance in accordance with national economic policy;

(o) a flooding and flood management plan for the region;

(p) a statement of the actions being taken (or proposed) for the purpose of ensuring the effective integration of transport and land-use planning, including in particular—

(i) a statement explaining how the regional spatial and economic strategy proposes to make provision in relation to the matters identified in—

(I) any relevant transport strategy of the National Transport Authority,

(II) the report of the National Transport Authority prepared in accordance with subsection (11) of section 31, and

(III) the observations of the National Transport Authority submitted in accordance with subsection (10) of section 32,

and

(ii) where it is not proposed that the regional spatial and economic strategy should make provision in relation to any matter identified in the strategy, report or observations referred to in subparagraph (i), a statement of the reasons for that decision;

(q) a statement confirming that the regional spatial and economic strategy is materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, and

(iii) any relevant National Planning Policies and Measures;

(r) a statement demonstrating how due account has been taken, in the regional spatial and economic strategy, of any relevant National Planning Policy Guidance and, where the strategy departs from any relevant National Planning Policy Guidance, a statement of the reasons why, in the opinion of the regional assembly, such departure is justified having regard to the proper planning and sustainable development of the region.

(2) Where a city specified in subsection (3) is within the region to which a regional spatial and economic strategy relates, the regional spatial and economic strategy shall include an integrated land-use and transportation strategy for the metropolitan area (in this Part referred to as a “metropolitan area strategic plan”), which shall be consistent with the regional spatial and economic strategy concerned.

(3) The cities referred to in subsection (2) are:

(a) Dublin;

(b) Cork;

(d) Galway;

(e) Waterford;

(f) such other city as may be prescribed.

(4) Where a part of the metropolitan area of any city is located within a region to which a regional spatial and economic strategy relates notwithstanding that the city or the centre of the city concerned is located outside that region or outside the State, the regional spatial and economic strategy may include a metropolitan area strategic plan in respect of that part of the metropolitan area, which shall be consistent with the regional spatial and economic strategy concerned.

(5) For the purposes of subsections (2) and (4), the “metropolitan area” of a city means the area consisting of the city and its surrounding area approximating to the extent of its commuting zone.

(6) A regional spatial and economic strategy may include objectives for the development of a specific part of the region which is designated as a strategic planning area (within the meaning of the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 (S.I. No. 573 of 2014)).

(7) Where a regional spatial and economic strategy includes objectives under subsection (6), the objectives shall be consistent with the other provisions of the regional spatial and economic strategy concerned.

(8) A regional spatial and economic strategy shall identify and designate any key town in the region.

(9) For the purposes of subsection (8) a key town is a large, economically active settlement that provides employment and services for its surrounding area and has the capacity to complement a regional growth centre.

(10) Where the conditions in subsection (11) apply in relation to a settlement or a part of the urban area of a settlement, a regional spatial and economic strategy shall include provision—

(a) identifying the settlement or the part of the urban area of a settlement,

(b) requiring the preparation of a coordinated area plan for the settlement or the part of the urban area of a settlement identified in paragraph (a),

(c) designating, in accordance with subsection (12), a planning authority to be the principal planning authority for the purposes of Chapter 6,

(d) designating any other planning authority in whose functional area the settlement or the part of the urban area concerned is situate to be an associate planning authority for the purposes of Chapter 6,

(e) specifying the number of members from each planning authority referred to in paragraphs (c) and (d) to be appointed under subsection (3) of section 73 to the coordinated area plan committee,

(f) identifying any planned population growth and associated housing development needs in the settlement or part of the urban area of a settlement in respect of which a coordinated area plan is to be made,

(g) identifying the amount of land required to accommodate the housing development needs referred to in paragraph (f),

(h) identifying the amount of land required as between the principal planning authority and the associate planning authority, taking account of the proper planning and sustainable development of the settlement or the part of the urban area of a settlement concerned, including, in particular, the achievement of compact urban development, and

(i) specifying directions in relation to the appointment of a coordinated area plan committee, in accordance with the requirements of section 73.

(11) The conditions referred to in subsection (10) are that—

(a) the settlement, or the part of the urban area of a settlement, is within the functional area of more than one planning authority, and

(b) the regional assembly considers that the growth of the settlement, or the part of the urban area of a settlement, concerned is important to the population growth or employment growth of one or more of the relevant functional areas during the period to which any development plan applicable to any such relevant functional area relates.

(12) In determining which planning authority is to be designated as the principal planning authority, a regional assembly shall take account of—

(a) where relevant, the location of the town centre of the settlement or the part of the urban area of a settlement,

(b) the extent to which the settlement or the part of the urban area of a settlement is located within the respective functional areas of the planning authorities concerned, and

(c) the amount of population growth or employment growth allocated by the regional assembly to the respective functional areas of the planning authorities concerned.

(13) A regional spatial and economic strategy and a metropolitan area strategic plan within such a strategy shall include measures to secure the effective implementation and monitoring of the regional spatial and economic strategy and metropolitan area strategic plan, including—

(a) an indication of priorities for infrastructure of scale relating to transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, healthcare, retail, cultural and recreational facilities,

(b) without prejudice to the generality of paragraph (a), an order of priority for infrastructure provision,

(d) cross-sectoral investment and actions required to deliver planned growth and development,

(e) coordination between constituent local authorities, and the cooperation of public bodies, and

(f) the monitoring and reporting arrangements required to measure and evaluate progress in implementing the regional spatial and economic strategy and metropolitan area strategic plan.

30. Review of regional spatial and economic strategy

30. F3[(1) (a) A regional assembly shall, not later than 6 months after the date of the coming into operation of subsection (6) ofsection 21, commence a review of any regional spatial and economic strategy for its region for the time being in force.

(b) A regional assembly shall, not later than 6 months after the publication of a revised or new National Planning Framework by the Government underChapter 2, commence a review of any regional spatial and economic strategy for its region for the time being in force.

(2) (a) A regional assembly shall, upon completion of a review of a regional spatial and economic strategy in accordance with paragraph (a) of subsection (1), make a new regional spatial and economic strategy in accordance withsection 32.

(b) A regional assembly shall, upon completion of a review of a regional spatial and economic strategy in accordance with paragraph (b) of subsection (1)—

(i) make a new regional spatial and economic strategy in accordance withsection 32,

(ii) revise the existing regional spatial and economic strategy in accordance withsection 32, or

(iii) make a determination that no new regional spatial and economic strategy or revision is required and publish a statement explaining the reasons for that determination.]

(3) In carrying out a review under this section, a regional assembly shall—

(a) ensure that the regional spatial and economic strategy for its region is materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, and

(iii) any relevant National Planning Policies and Measures,

(b) take due account of—

(i) any relevant National Planning Policy Guidance,

(ii) matters relevant to the preparation and making of a regional spatial and economic strategy under this Act,

(iii) the content of any monitoring reports prepared in accordance with section 35 since the making or revision of the regional spatial and economic strategy,

(iv) any relevant strategy of the National Transport Authority, and

(v) such other matters as may be prescribed,

and

31. Consultation about proposed new or revised regional spatial and economic strategy

31. (1) Before making or revising a regional spatial and economic strategy in accordance with section 32, a regional assembly shall—

(a) make such arrangements as may be necessary for the making or revision of a new regional spatial and economic strategy,

(b) consult—

(i) the local authorities within the region (or part thereof, as the case may be),

(ii) the Minister,

(iii) the Office of the Planning Regulator,

(iv) the Maritime Area Regulatory Authority,

(v) the National Transport Authority,

(vi) such of the following persons as the regional assembly considers appropriate—

(I) other Ministers of Government,

(II) other regional assemblies,

(III) other public bodies,

and

(vii) such other persons as may be prescribed,

and

(c) publish a notice of its intention to make or revise a regional spatial and economic strategy on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the region.

(2) A notice under paragraph (c) of subsection (1) shall—

(a) state that the regional assembly intends to make or revise a regional spatial and economic strategy,

(b) indicate the matters to be considered in a regional spatial and economic strategy, having regard to the requirements of section 29, and

(c) indicate that observations regarding the making or revision of a regional spatial and economic strategy may be made in writing to the regional assembly within a period specified in the notice (which shall not be less than 8 weeks after the date of the notice).

(3) (a) The regional assembly shall send a copy of the notice published under paragraph (c) of subsection (1) to—

(i) any person to be consulted under paragraph (b) of subsection (1), and

(ii) the Commission.

(b) A copy of a notice sent under paragraph (a) to a local authority within the region (or part thereof, as the case may be) may be accompanied by a request by the regional assembly for assistance in the making or revision of a new regional spatial and economic strategy.

(4) Subject to subsection (5), a local authority which receives a notice and request under subsection (3) shall assist and cooperate with a regional assembly in making the arrangements referred to in paragraph (a) of subsection (1) and shall in particular agree upon—

(a) a procedure for preparing and making a regional spatial and economic strategy, or a revision to an existing strategy, in accordance with section 32,

(b) the establishment of committees to oversee and consider the preparation of the regional spatial and economic strategy or revision,

(d) the roles of those committees in—

(i) preparing the draft regional spatial and economic strategy or draft revision,

(ii) considering observations received under this section and section 32, and

(iii) drawing up such reports as may be necessary.

(5) If agreement is not reached between a regional assembly and a local authority under subsection (4) within 4 weeks of the sending of a notice and request under subsection (3) or such longer period not exceeding 8 weeks as the regional assembly considers reasonable, the regional assembly shall notify the Minister and the Minister may direct the local authority to cooperate with the regional assembly on such terms as are specified in the direction.

(6) A local authority shall comply with a direction made by the Minister under subsection (5).

(7) The provision of assistance under subsection (4) shall include the provision of—

(a) reasonable financial assistance,

(b) services of staff,

(d) such other assistance as may be reasonably required.

(8) The provision of assistance under subsection (4) shall be based on the proportion of the population of the region to which a regional spatial and economic strategy relates who are resident in the functional areas of the local authorities concerned.

(9) A reasonable request for assistance made by a regional assembly by virtue of paragraph (b) of subsection (3) shall not be refused by a local authority, and any dispute as to the reasonableness of such request shall be referred to the Minister for adjudication having regard to subsection (7).

(10) Any Minister of the Government or other public body consulted under subsection (1) shall—

(a) insofar as is practicable, assist and cooperate with the regional assembly in the preparation of a regional spatial and economic strategy or a revision to an existing regional spatial and economic strategy, and

(b) take such steps as are reasonable and appropriate to support the implementation of the regional spatial and economic strategy.

(11) On receipt of a notice published under paragraph (c) of subsection (1), the National Transport Authority shall, within the period specified in that notice in accordance with paragraph (c) of subsection (2), submit to the regional assembly a report on any matters which, in its opinion, should be considered by the regional assembly in making or revising the regional spatial and economic strategy and such a report shall set out—

(a) the matters which, in the opinion of the National Transport Authority, should be considered by the regional assembly in the preparation of the draft regional spatial and economic strategy or draft revision to an existing strategy,

(b) recommendations on the matters that require to be included in the draft regional spatial and economic strategy or draft revision to an existing strategy to ensure the effective integration of transport and land-use planning, and

(c) any recommendations on the matters that require to be included in the draft regional spatial and economic strategy having regard to a relevant transport strategy of the National Transport Authority,

and the Authority shall furnish a copy of the report submitted to the regional assembly under this subsection to the Minister, the Minister for Transport and the Office of the Planning Regulator.

(12) In making or revising a regional spatial and economic strategy, a regional assembly shall coordinate the development of the regional spatial and economic strategy, or the revision of it, in a manner that is, to the greatest extent possible, consistent with the policies of any public bodies consulted under this section.

32. Preparation or revision of regional spatial and economic strategy: process

32. (1) As soon as practicable after agreeing any necessary arrangements under section 31, a regional assembly shall prepare a draft regional spatial and economic strategy or a draft revision to an existing strategy, as the case may be.

(2) In preparing a draft regional spatial and economic strategy or draft revision to an existing strategy, the regional assembly shall—

(a) ensure that the draft regional spatial and economic strategy or draft revision to an existing strategy is materially consistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, and

(iii) any relevant National Planning Policies and Measures,

(b) take due account of—

(i) any relevant National Planning Policy Guidance,

(ii) the proper planning and sustainable development of the region to which the regional spatial and economic strategy relates,

(iii) any other relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic policies,

(iv) where a regional spatial and economic strategy affects the Gaeltacht, the need to protect the linguistic and cultural heritage of the Gaeltacht, and

(v) any relevant transport strategy of the National Transport Authority,

and

(3) Before preparing a draft regional spatial and economic strategy or a draft revision to an existing strategy, a regional assembly shall consider any observations received under paragraph (c) of subsection (2) of section 31.

(4) The preparation, making and revision of a regional spatial and economic strategy shall be subject to the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6).

(5) A regional assembly shall conduct a strategic environmental assessment of a draft regional spatial and economic strategy in accordance with the Strategic Environmental Assessment Regulations.

(6) Before revising a regional spatial and economic strategy, a regional assembly shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry a strategic environmental assessment of the proposed revision and, where it determines that it is necessary to do so, it shall conduct a strategic environmental assessment of the proposed revision in accordance with those Regulations.

(7) Before making or revising a regional spatial and economic strategy, a regional assembly shall determine, in accordance with Part 6, whether it is necessary to conduct an appropriate assessment and where it determines that it is necessary to do so, it shall carry out an appropriate assessment in accordance with that Part.

(8) As soon as practicable after preparing a draft regional spatial and economic strategy or draft revision to an existing strategy, a regional assembly shall—

(a) send notice and a copy of the draft strategy or draft revision to any person consulted under paragraph (b) of subsection (1) of section 31, and

(b) publish notice of the draft on a website maintained by or on behalf of the assembly and in at least one newspaper circulating in its region.

(9) A notice under paragraph (b) of subsection (8) shall state—

(a) that a copy of—

(i) the draft strategy or draft revision,

(ii) any determination made under subsection (6) or (7),

(iii) any environmental report prepared in accordance with the Strategic Environmental Assessment Regulations, and

(iv) any Natura impact report prepared in accordance with Part 6, may be inspected at a place specified in the notice at times so specified and on a website maintained by or on behalf of the regional assembly during a period (being not less than 10 weeks from the date of the notice) so specified,

and

(b) that observations with respect to the draft strategy or draft revision made to the regional assembly in writing within a period specified in the notice (being not less than 10 weeks from the date of the notice) shall be taken into consideration before the regional spatial and economic strategy or revision to the strategy is made.

(10) On receipt of a notice and draft strategy or draft revision sent under paragraph (a) of subsection (8), the National Transport Authority shall, within the period specified in the notice in accordance with paragraph (b) of subsection (9), submit observations in writing to the regional assembly which shall—

(a) state whether the National Transport Authority considers that the draft regional spatial and economic strategy or draft revision to the strategy takes due account of any relevant transport strategy of the National Transport Authority, and

(b) where it considers that the draft regional spatial and economic strategy or draft revision does not take due account of such a transport strategy, set out the recommendations of the National Transport Authority as to the amendments that it considers should be made to the draft strategy or draft revision.

(11) A regional assembly shall have regard to any—

(a) observations and recommendations received by virtue of paragraph (b) of subsection (9) or (10), and

(b) report from the committees referred to in subsection (4) of section 31.

(12) Where, having complied with subsection (11), a regional assembly does not propose to make a material amendment to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall, subject to section 33, make the regional spatial and economic strategy or revision, as the case may be, subject to any minor modifications that it considers necessary.

(13) For the purposes of subsection (12), a modification shall be deemed to be minor where—

(a) it does not substantially or materially alter the draft regional spatial and economic strategy or draft revision, and

(b) it is not likely to have significant effects on the environment or on any European site.

(14) The making of a regional spatial and economic strategy or a revision to an existing strategy under subsection (12) shall be a matter for the members of the regional assembly concerned.

(15) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (12), the members of the regional assembly do not comply with any observations made by the Minister or the Office of the Planning Regulator under paragraph (b) of subsection (9), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the observation concerned.

(16) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (12), the members of the regional assembly do not comply with any recommendation made by the National Transport Authority under paragraph (b) of subsection (10), they shall—

(a) so inform the National Transport Authority as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned, and

(b) provide a copy of such notice to the Minister and the Office of the Planning Regulator.

(17) A failure to comply with subsection (1) of section 30, subsections (5) and (11) of section 31, subsections (3) and (4) of section 33 and subsection (10) within the time period specified therein shall not of itself invalidate a regional spatial and economic strategy.

33. Material alteration to draft regional spatial and economic strategy or draft revision

33. (1) Where, having complied with subsection (11) of section 32, a regional assembly proposes to make a material alteration to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry out a strategic environmental assessment of the proposed material alteration, and where it determines that it is necessary to do so, it shall conduct a strategic environmental assessment in accordance with those Regulations.

(2) Where, having complied with subsection (11) of section 32, a regional assembly proposes to make a material alteration to the draft regional spatial and economic strategy or the draft revision, the regional assembly shall determine in accordance with Part 6 whether it is necessary to conduct an appropriate assessment and where it determines that it is necessary to do so, it shall carry out an appropriate assessment in accordance with that Part.

(3) The determinations referred to in subsections (1) and (2) shall be made within a period (being not more than 12 weeks from the proposal to make a material alteration) specified by the director of the regional assembly.

(4) Any environmental report or Natura impact report requiring to be prepared on foot of a determination referred to in subsection (1) or (2) shall be prepared within a period (being not more than 12 weeks from the making of the determination) specified by the director of the regional assembly or such longer period as may be agreed with the Minister.

(5) The regional assembly shall publish and make available for inspection—

(a) the proposed material alteration,

(b) the determinations referred to in subsections (1) and (2), and

(6) The regional assembly shall—

(a) publish a notice on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the region which shall state—

(i) that a copy of—

(I) any proposed material alteration,

(II) any determination referred to in subsection (1) or (2), and

(III) any environmental report or Natura impact report,

may be inspected at a place specified in the notice at a time so specified and on a website maintained by or on behalf of the regional assembly during a period (being not less than 6 weeks from the date of the notice) so specified, and

(ii) that observations with respect to the proposed material alteration and any strategic environmental assessment or appropriate assessment required in respect of it made to the regional assembly in writing within a period (being not less than 6 weeks from the date of the notice) specified in the notice shall be taken into account by the regional assembly before the regional spatial and economic strategy, or revision, is made,

and

(b) send a copy of the notice published under paragraph (a) and the documents referred to in subparagraph (i) of paragraph (a) to any person consulted under paragraph (b) of subsection (1) of section 31.

(7) Following consideration of observations received under subsection (6), the regional assembly shall make the regional spatial and economic strategy, or the revision to an existing strategy, as the case may be, with or without the proposed material alteration, subject to any minor modifications that it considers necessary.

(8) For the purposes of subsection (7), a modification shall be deemed to be minor where—

(a) it does not substantially or materially alter the draft regional spatial and economic strategy or draft revision, and

(b) it is not likely to have significant effects on the environment or on any European site.

(9) The making of a regional spatial and economic strategy or a revision to an existing strategy under subsection (7) shall be a matter for the members of the regional assembly concerned.

(10) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (7), the members of the regional assembly do not comply with any observations made by the Minister or the Office of the Planning Regulator under paragraph (b) of subsection (9) of section 32 or subsection (6), they shall so inform the Minister and the Office of the Planning Regulator as soon as practicable by notice in writing which notice shall contain a statement of the reasons for not complying with the observation concerned.

(11) Where, in making the regional spatial and economic strategy or revision, as the case may be, under subsection (7), the members of the regional assembly do not comply with any recommendation made by the National Transport Authority under paragraph (b) of subsection (10) of section 32 or subsection (6), they shall—

(b) provide a copy of such notice to the Minister and the Office of the Planning Regulator.

34. Publication of regional spatial and economic strategy

34. (1) Where a regional assembly makes a regional spatial and economic strategy or a revision to an existing strategy, it shall, within 4 weeks of the making of the strategy or revision, as the case may be—

(a) publish notice of the making of the strategy or the revision on a website maintained by or on behalf of the regional assembly and in at least one newspaper circulating in the functional area of each local authority in the region for which the strategy is prepared,

(b) send a copy of the notice to the persons specified in subsection (3), and

(c) send a copy of the new regional spatial and economic strategy, or the strategy as revised, and any observations made by the Minister and the National Transport Authority under sections 32 and 33 to the Office of the Planning Regulator.

(2) A notice under this section shall—

(a) state that a copy of the new regional spatial and economic strategy, or the strategy as revised, is available for inspection at a place specified in the notice and on a website maintained by or on behalf of the regional assembly, and

(b) comply with any applicable requirements of the Strategic Environmental Assessment Regulations and Part 6.

(3) The persons referred to in paragraph (b) of subsection (1) are—

(a) the Minister,

(b) the Office of the Planning Regulator,

(d) the Maritime Area Regulatory Authority,

(e) the National Transport Authority,

(f) the local authorities within the regional assembly’s region,

(g) other regional assemblies,

(h) such other persons as may be prescribed, and

(i) such other persons as the regional assembly considers appropriate.

(4) A regional spatial and economic strategy, or a revision of an existing strategy, shall take effect 6 weeks after the date on which it is made by the regional assembly under section 32 or 33.

35. Implementation and monitoring of regional spatial and economic strategy

35. (1) A regional assembly shall keep the implementation of the regional spatial and economic strategy for its region under review, having regard, in particular, to the monitoring and reporting arrangements included in the strategy in accordance with paragraph (f) of subsection (13) of section 29.

F4[(2) (a) A local authority whose functional area is within the region of a regional assembly shall, not later than 3 years after either—

(i) the first making of a regional spatial and economic strategy under thisChapter, or

(ii) the first revision of a regional spatial and economic strategy continued in force by virtue ofsection 41,

prepare, and submit to that regional assembly, a report setting out progress made by the local authority in supporting the objectives of the regional spatial and economic strategy applicable to the functional area of that local authority.

(b) A local authority whose functional area is within the region of a regional assembly shall, not later than 3 years after the preparation of a monitoring report in accordance withsubsection (4), prepare, and submit to that regional assembly, a report setting out progress made by the local authority in supporting the objectives of the regional spatial and economic strategy applicable to the functional area of that local authority.]

F4[(3) (a) A regional assembly may, not later than 3 years after either—

(i) the first making of a regional spatial and economic strategy under thisChapter, or

(ii) the first revision of a regional spatial and economic strategy continued in force by virtue ofsection 41, request any person referred to inparagraph (b)ofsubsection (1)ofsection 31to prepare, and submit to the regional assembly, a report setting out progress made by that person in supporting the objectives of the regional spatial and economic strategy applicable to that person.

(b) A regional assembly may, not later than 3 years after the preparation of a monitoring report in accordance withsubsection (4), request any person referred to inparagraph (b)ofsubsection (1)ofsection 31to prepare, and submit to the regional assembly, a report setting out progress made by that person in supporting the objectives of the regional spatial and economic strategy applicable to that person.]

(4) A regional assembly shall, within 4 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and every 4 years thereafter, prepare a report (in this section referred to as a “monitoring report”) monitoring progress made in implementing the regional spatial and economic strategy.

(5) The monitoring report—

(a) shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy (including any metropolitan area strategic plan), and

(b) may make any recommendations considered necessary in order to implement the regional spatial and economic strategy.

(6) A regional assembly shall send a copy of the monitoring report prepared by it to the Office of the Planning Regulator.

(7) The Office of the Planning Regulator—

(a) shall consider the monitoring report of each regional assembly, and

(b) may make recommendations to the Minister in relation to measures required to support the implementation of the regional spatial and economic strategy concerned.

36. Consequences of new or amended National Planning Statement for regional spatial and economic strategy

36. (1) Where the Minister issues or amends a National Planning Statement, each regional assembly shall, within 2 months of publication of the new or amended National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the regional spatial and economic strategy in force for its region is materially consistent with the National Planning Policies and Measures.

(2) Where a regional assembly is of the view that there is a material inconsistency for the purposes of subsection (1), the report referred to in that subsection shall set out the steps that the regional assembly proposes to take to amend its regional spatial and economic strategy so as to remove the material inconsistency concerned.

(3) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is of the opinion that there is a material inconsistency for the purposes of that subsection and—

(a) is satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned—

(i) the Office of the Planning Regulator shall, as soon as practicable thereafter, so inform the regional assembly, and

(ii) the director of the regional assembly shall invoke the expedited amendment procedure set out in section 37,

(b) is not satisfied that the steps proposed by the regional assembly shall be sufficient to remove the material inconsistency concerned, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39, and

(ii) a statement of reasons for the recommendation.

(4) Where a regional assembly fails to submit a report in accordance with subsection (1) and the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of that subsection, the Office of the Planning Regulator shall, as soon as practicable thereafter, make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(a) proposed terms for the draft direction to specify the steps required to be taken to remove the material inconsistency concerned, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39, and

(b) a statement of reasons for the recommendation.

(5) If the Office of the Planning Regulator, upon consideration of a report submitted to it under subsection (1), is satisfied that there is no material inconsistency for the purposes of that subsection, it shall, as soon as practicable thereafter, so inform the regional assembly.

(6) The Office of the Planning Regulator shall notify the regional assembly concerned of a recommendation under paragraph (b) of subsection (3) or subsection (4) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(7) Subject to subsections (8) and (9), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under paragraph (b) of subsection (3) or subsection (4)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 39, whether with or without modifications.

(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 39, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1), and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under paragraph (b) of subsection (3) or subsection (4), with or without such modifications as may be specified by the Minister in the direction.

(9) Where the Minister decides under subsection (7) that a draft direction should not be issued under section 39, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (7) the material inconsistency for the purposes of subsection (1) and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(10) The Office of the Planning Regulator shall provide the Minister with a copy of a report submitted to it under subsection (1) and shall advise the Minister of any decision made by the Office of the Planning Regulator under paragraph (a) of subsection (3) or subsection (5).

(11) A direction issued under paragraph (b) of subsection (9) shall be laid before each House of the Oireachtas by the Minister.

37. Expedited amendment of regional spatial and economic strategy

37. (1) This section applies where amendments to a regional spatial and economic strategy for the time being in force—

(a) are necessitated by the issuance of a new or amended National Planning Statement,

(b) are being made for the purposes of ensuring that the regional spatial and economic strategy concerned is materially consistent with National Planning Policies and Measures contained in such a statement, and

(c) the Office of the Planning Regulator has informed the regional assembly under subparagraph (i) of paragraph (a) of subsection (3) of section 36 that it is satisfied with the steps proposed by the regional assembly under subsection (2) of that section.

(2) Within 6 weeks of being informed by the Office of the Planning Regulator in accordance with subparagraph (i) of paragraph (a) of subsection (3) of section 36 that the Office of the Planning Regulator is satisfied with the steps proposed by a regional assembly under subsection (2) of that section, the director of the regional assembly shall prepare a draft amendment to the regional spatial and economic strategy concerned and shall conduct a screening assessment for strategic environmental assessment in respect of the draft amendment in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft amendment in accordance with Part 6.

(3) In carrying out any screening assessment under subsection (2), the director of the regional assembly shall, with a view to avoiding duplication of assessments, take account of the fact and content of any assessment that the Minister has conducted in respect of the relevant National Planning Statement.

(4) Where the director of the regional assembly determines that a strategic environmental assessment, an appropriate assessment, or both, as the case may be, is or are required in respect of a draft amendment, the draft amendment may only be made by way of a revision to the regional spatial and economic strategy under subsections (8) to (16) of section 32 and may not be made under this section.

(5) Where the director of the regional assembly determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft amendment, the director of the regional assembly shall propose the draft amendment to the members of the regional assembly for adoption by resolution.

(6) Where the director of the regional assembly concerned proposes a draft amendment to the members of the regional assembly under subsection (5), the proposed amendment shall be deemed to have been made at the expiration of a period of 6 weeks from the proposal, unless the members of the regional assembly, within that period, by resolution accept or reject the proposed amendment.

(7) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the publication requirements under subsections (1), (2) and (3) of section 34 shall apply in respect of the regional spatial and economic strategy as amended.

(8) Where an amendment is deemed to have been made or accepted by resolution of the members of the regional assembly under subsection (6), the amendment shall take effect 2 weeks after the deemed making of the amendment.

(9) Where, within the 6 week period referred to in subsection (6), the members of the regional assembly by resolution reject the amendment proposed by the director of the regional assembly concerned—

(a) the director shall advise the Office of the Planning Regulator of this fact, and

(b) the Office of the Planning Regulator shall consider whether to make a recommendation under subsection (10).

(10) Where, following a resolution under subsection (9), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 36, it shall make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(b) a statement of reasons for the recommendation.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (10)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 39, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) the material inconsistency for the purposes of subsection (1) of section 36, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under subsection (10), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 39, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) the material inconsistency for the purposes of subsection (1) of section 36 and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(14) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.

38. Assessment of regional spatial economic strategy and revision by Office of Planning Regulator and recommendation to Minister

38. (1) The Office of the Planning Regulator shall, upon being notified by a regional assembly under this Chapter of—

(a) the making of a regional spatial and economic strategy,

(b) the making of any revision of a regional spatial and economic strategy, or

carry out an assessment of the regional spatial and economic strategy, revision or amendment, as the case may be, by reference to the criteria set out in subsection (3).

(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a regional spatial and economic strategy.

(b) The Minister or a regional assembly may, at any time, notify the Office of the Planning Regulator of any provision in a regional spatial and economic strategy (including, in the case of notification by a regional assembly under this paragraph, a regional spatial and economic strategy that relates to the region of a different regional assembly) that the Minister or regional assembly believes to be materially inconsistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, or

(iii) National Planning Policies and Measures.

(c) Where the Office of the Planning Regulator receives a request under paragraph (a) or a notification under paragraph (b), it shall carry out an assessment of the regional spatial and economic strategy concerned in accordance with subsections (3) and (4).

(d) The Office of the Planning Regulator may, at any time, of its own initiative and for stated reasons, carry out an assessment of a regional spatial and economic strategy in accordance with subsections (3) and (4).

(3) In carrying out an assessment under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (8), in particular, consider—

(a) the National Planning Framework,

(b) the National Marine Planning Framework,

(d) National Planning Policy Guidance,

(e) any relevant transport strategy published by the National Transport Authority,

(f) any submissions and recommendations made by the Minister, the Office of the Planning Regulator, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft regional spatial and economic strategy or revision, or proposed material amendment thereto, and

(g) the requirements of this Chapter.

(4) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the regional spatial and economic strategy or any part or provision thereof should be suspended because it may be materially inconsistent with—

(a) the National Planning Framework,

(b) the National Marine Planning Framework, or

it may issue a notice to the regional assembly, which shall take effect immediately upon issuance and shall—

(i) suspend the effect of the regional spatial and economic strategy or part or provision thereof concerned pending the completion of the assessment, and

(ii) remain in effect pending the completion of the assessment and—

(I) the issuance by the Office of the Planning Regulator of a draft direction under section 39, in accordance with a direction of the Minister under paragraph (b) of subsection (12),

(II) the issuance by the Minister of a direction under paragraph (b) of subsection (13) not to issue a draft direction, or

(III) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (9) not to issue a draft direction.

(5) Where the Office of the Planning Regulator issues a notice to a regional assembly under subsection (4), it shall on the same day provide a copy of the notice to the Minister and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator.

(6) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)—

(a) shall consult with the director and members of the regional assembly concerned, and

(b) may—

(i) require the director of the regional assembly concerned to provide it with such information as it considers necessary, and

(ii) consult with any other person it considers necessary.

(7) A director of a regional assembly shall furnish the Office of the Planning Regulator with any documentation or additional information that may be requested by the Office of the Planning Regulator, within the period specified in such a request.

(8) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the regional spatial and economic strategy or regional spatial and economic strategy as revised or amended, as the case may be—

(a) is materially inconsistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework, or

(iii) National Planning Policies and Measures,

(b) departs from any relevant guidance set out in National Planning Policy Guidance and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region,

(c) departs from any relevant transport strategy of the National Transport Authority and, in the opinion of the Office of the Planning Regulator, no adequate explanation has been offered justifying that departure having regard to the proper planning and sustainable development of the region, or

(d) is otherwise in contravention of a requirement of this Act,

it shall make a recommendation to the Minister that a draft direction under section 39 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 39, and

(ii) a statement of reasons for the recommendation.

(9) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria in paragraphs (a) to (d) of subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 39 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation.

(10) The Office of the Planning Regulator shall notify the regional assembly concerned, and where applicable, any other regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (8) or (9) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (8)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 39, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 39 in accordance with the proposed terms for the draft direction under subsection (8), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 39, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (d) of subsection (8) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(14) Where the Minister issues a direction under paragraph (b) of subsection (13) and the Office of the Planning Regulator has issued a notice to a regional assembly under subsection (4), the Office of the Planning Regulator shall notify the regional assembly concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (4).

(15) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.

39. Issuance of draft direction by Office of Planning Regulator

39. (1) On receipt of a direction of the Minister to issue a draft direction under this Chapter, the Office of the Planning Regulator shall within 10 working days, subject to subsection (4), issue a draft direction, which if issued to a regional assembly in a direction issued by the Minister under section 40 would require—

(a) a regional spatial and economic strategy to be amended in the manner specified in the draft direction, and

(b) the regional assembly to implement the amendment referred to in paragraph (a) and publish the regional spatial and economic strategy as so amended.

(2) A draft direction issued under subsection (1) may identify any provision of a regional spatial and economic strategy that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 40.

(3) Where a draft direction issued under subsection (1) identifies a provision in accordance with subsection (2), the operation of the provision concerned shall be suspended from the date of the draft direction until the date a decision is made by the Minister under subsection (4) of section 40.

(4) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on the environment, and

(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site.

(5) (a) Where it is determined under paragraph (a) of subsection (4) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (4) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6.

(6) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall—

(a) publish a notice of the issuance of the draft direction on a website maintained by or on behalf of the Office of the Planning Regulator and in one or more newspapers circulating in the region of the regional assembly that made the regional spatial and economic strategy concerned,

(b) direct the regional assembly to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the regional assembly, and

(i) the Minister,

(ii) the director of the regional assembly,

(iii) the members of the regional assembly concerned,

(iv) where the region of the regional assembly includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(v) the Commission,

(vi) the National Transport Authority, and

(vii) any other body, as the Office of the Planning Regulator considers appropriate.

(7) A notice published under paragraph (a) of subsection (6) shall—

(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1),

(b) state that a determination has been made that strategic environmental assessment, or appropriate assessment, or both, as the case may be, is or is not required in respect of the draft direction,

(c) state that copies of the draft direction, determinations made in accordance with subsection (4) and any environmental report or Natura impact report prepared in accordance with subsection (5) will be made available for inspection by members of the public at such place and for such period as is specified in the notice,

(d) state that such copies will also be available for inspection on the website maintained by or on behalf of the Office of the Planning Regulator and of the regional assembly concerned,

(e) invite written submissions with respect to the draft direction and, where applicable, the strategic environmental assessment or appropriate assessment, before the expiration of such period (being not less than 4 weeks from the date of the notice) as is specified in the notice, and

(f) state that any such submissions made within the period specified in the notice shall be taken into account by the Office of the Planning Regulator in making a recommendation to the Minister as to whether to issue a direction in the terms of the draft direction and in the summary of submissions submitted to the Minister under subsection (12), which will be considered by the Minister in deciding whether to issue a direction under section 40.

(8) Subject to subsections (9), (10) and (11), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (6), and having considered any submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the director and members of the regional assembly—

(a) recommend that the Minister issue a direction under section 40 in the terms of the draft direction,

(b) recommend that the Minister issue a direction under section 40 in an amended form to take account of any submissions made pursuant to subsection (7), or

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