Legalize / Ireland / Act

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

Reform history JSON API

(x) such other bodies, including, where appropriate, a regional assembly of an adjoining region, as may be prescribed.

(d) Where a planning authority sends a copy of any development plan to the Office of the Planning Regulator under paragraph (c), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, any regional assembly and the National Transport Authority in accordance with this section.

(e) A planning authority shall make a copy of the development plan available for purchase by any member of the public on payment of a specified fee not exceeding the reasonable cost of making a copy.

(16) As soon as may be after making a development plan which contains an addition to or a deletion from the record of protected structures under subsection (1) of section 307 of—

(a) particular structures,

(b) specific parts of particular structures, or

the planning authority shall serve on the owner and on the occupier of the structure concerned a notice of the addition or deletion, including the particulars.

(17) A development plan made under this section shall take effect 8 weeks from the date of the making of the plan under paragraph (c) of subsection (7) or subsection (14).

(18) Notwithstanding this Part, where a planning authority fails to make a development plan—

(a) within a period of 2 years and 12 weeks from the date of the notice of intention to make a new development plan under section 54, where that notice was published at least 12 weeks prior to the period of 8 years referred to in subsection (2) of section 42, and

(b) within a period of 2 years from the date of the notice of intention to make a new development plan under section 54, where that notice was published otherwise in accordance with subsection (2) of section 42,

the chief executive shall make a development plan provided that so much of a draft plan as had been agreed by the members of the planning authority shall be included as part of the plan as made by the chief executive.

(19) Where, under paragraph (b) of subsection (5) of section 42, the Minister has extended the period during which a development plan has effect—

(a) the planning authority may make a new development plan in accordance with this section during the period of the extension, and

(b) the chief executive of a planning authority shall not make a new development plan under subsection (18) during the period of the extension.

(20) A failure to comply with subsections (6), (10) and (11) of section 54 and subsections (1), (5), (6), (7), (8), (10), (12), (13) and (15) within the time period specified therein shall not of itself invalidate a development plan.

56. Interim report on implementation of development plan

56. (1) A planning authority shall take such steps as may be necessary for securing the objectives of the development plan and to monitor the implementation of those objectives.

(2) The chief executive of a planning authority shall, not earlier than 4 years and not later than 4 years and 9 months after the making of F6[a development plan (other than a development plan continued in force undersubsection (1)ofsection 68or a development plan prepared, or varied, in accordance withsection 69)], give a report on the progress achieved towards securing the implementation of the development plan to the members of the authority (in this section referred to as an “interim implementation report”).

(3) The interim implementation report shall include—

(a) details of any relevant changes, since the making of the development plan, to—

(i) the National Planning Framework,

(ii) where relevant, the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated,

(iv) National Planning Statements (including details of any new National Planning Statements issued since the making of the development plan),

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

(vi) in the case of a coastal planning authority, the marine planning policy statement prepared and published under section 6 of the Act of 2021,

(b) a statement of the progress made in implementing the integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates,

(c) a statement of the progress made in implementing each of the strategies and statements prepared under sections 44 to 51 (which, in the case of a housing development strategy, shall measure progress made by reference to the housing strategy, the monitoring objectives included in the housing development strategy and having regard to any regulations made under paragraph (k) of subsection (3) of section 46 or paragraph (k) of subsection (3) of section 47 for the purposes of this paragraph),

(d) an outline of progress made towards the designation as an urban development zone of any area identified in the development plan as a candidate UDZ (within the meaning of Part 22) and the preparation and making of any development scheme for any site identified in the development plan, and the implications of such progress or the lack thereof for the implementation of the housing development strategy, and

(e) recommendations for consideration by the members as to proposed variations to the development plan for the purposes of—

(i) making it materially consistent with—

(I) the National Planning Framework,

(II) the National Marine Planning Framework,

(III) the regional spatial and economic strategy for the region within which the functional area to which the development plan relates is situated, and

(IV) any relevant National Planning Policies and Measures,

(ii) progressing the implementation of the integrated overall strategy for the proper planning and sustainable development of the area and the housing development strategy,

(iii) zoning for development, in the light of the contents of the outline of progress referred to in paragraph (d), of all or part of the area of a candidate UDZ (within the meaning of Part 22) which has not been designated as an urban development zone where the planning authority considers that the area concerned is required to be made available to accommodate growth, and to remove the area concerned from the area of the candidate UDZ, or remove the designation of the entire candidate UDZ, as appropriate,

(iv) adjusting the housing development strategy or housing strategy, or both, where new or revised housing needs have been identified by the chief executive of the planning authority in accordance with section 57, and

(v) taking account of such other matters arising from the monitoring of the implementation of the development plan and preparation of the interim implementation report as the chief executive considers appropriate.

(4) Not later than 5 years after the making of the development plan, the members of a planning authority shall consider the interim implementation report from the chief executive and, by resolution, propose to make or not to make any such variation as recommended by the chief executive.

(5) Where, by resolution adopted under subsection (4), the members of a planning authority propose not to make a variation recommended by the chief executive for the purposes set out in subparagraph (i) of paragraph (e) of subsection (3), 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 the decision not to make the recommended variation concerned.

(6) Where the members of a planning authority adopt a resolution under subsection (4) proposing to make a variation, that resolution shall be deemed to be a resolution adopted under paragraph (c) of subsection (3) of section 58.

57. Chief executive report on adjustment of housing development strategy and housing strategy

57. The chief executive of a planning authority shall, where he or she considers that there has been a change in the housing market or housing need, or both, as the case may be, that significantly affects the housing development strategy or housing strategy, or both, as the case may be, give a report on the matter to the members of the planning authority and, where he or she considers it necessary, the chief executive may recommend that the housing development strategy or housing strategy, or both, as the case may be, be adjusted, and that the development plan be varied accordingly.

58. Variation of development plan

58. (1) Subject to subsection (2), subsection (8) of section 42 and section 59, a planning authority may at any time, for stated reasons, decide to make a variation of a development plan for its functional area for the time being in force.

(2) A planning authority may not make a variation of a development plan which would have the effect of amending the settlement-specific objectives of a settlement or part of a settlement—

(a) in respect of which a coordinated area plan is in force under Chapter 6, or

(b) which is designated in a regional spatial and economic strategy for the time being in force as an area in respect of which a coordinated area plan is to be prepared,

unless the other planning authority or authorities which made the coordinated area plan concerned and the director of the regional assembly consent to the making of the variation.

(3) (a) The members of a planning authority may at any time, by resolution request the chief executive of the planning authority to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan for the time being in force.

(b) The chief executive of a planning authority shall submit a report to the members further to a request under paragraph (a) within 4 weeks of the adoption of the resolution.

(c) The members of a planning authority shall, within 4 weeks of receipt of a report provided under paragraph (b), consider the report and shall, by resolution, decide to propose or not to propose to make the variation concerned.

(4) The chief executive of the planning authority may at any time, for stated reasons, propose to make a variation of the development plan.

(5) A screening for strategic environmental assessment and, where required, a strategic environmental assessment of a variation proposed under subsection (3) or (4) shall be carried out in accordance with the Strategic Environmental Assessment Regulations.

(6) A screening for appropriate assessment and, where required, an appropriate assessment of a variation proposed under subsection (3) or (4) shall be carried out in accordance with Part 6.

(7) Where the members of a planning authority decide to propose to make a variation of a development plan under subsection (3) or the chief executive proposes to make a variation under subsection (4), the planning authority shall, as soon as practicable after making the decision—

(a) send notice and a copy of the proposed variation of the development plan to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the relevant regional assembly,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) any adjoining planning authority,

(viii) the National Transport Authority,

(ix) any Local Community Development Committee within the area of the development plan,

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

(xi) where the variation is of a type that would have the effect referred to in subsection (2), the chief executive of any other planning authority whose functional area includes part of the area to which the coordinated area plan relates,

and

(b) publish notice of the proposed variation of the development plan on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(8) A notice under subsection (7) shall state—

(a) the reason for the proposed variation,

(b) that a copy of—

(i) the proposed variation,

(ii) any screening determination made in accordance with subsection (5) or (6),

(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 on a website maintained by or on behalf of the planning authority and at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(c) that written submissions with respect to the proposed variation and any strategic environmental assessment or appropriate assessment of the proposed variation made to the planning authority within the period referred to in paragraph (b) will be taken into consideration before the making of the variation.

(9) The Minister and the Office of the Planning Regulator may, as part of any submission in relation to a proposed variation of a development plan, or a proposed material alteration to a proposed variation, make such recommendations as they consider appropriate.

(10) Written submissions received by a planning authority under this section shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt.

(11) (a) Not later than 8 weeks from the date of the notice under subsection (7), the chief executive of a planning authority shall—

(i) prepare a report on any submissions received on foot of the publication of the notice, and

(ii) submit the report to the members of the planning authority for their consideration.

(b) A report prepared under subparagraph (i) of paragraph (a) shall be published on a website maintained by or on behalf of the planning authority concerned as soon as practicable after its submission under subparagraph (ii) of paragraph (a).

(i) list the persons who made submissions,

(ii) provide a summary of any—

(I) recommendations and submissions made by the Minister,

(II) recommendations and submissions made by the Office of the Planning Regulator,

(III) submissions made by the regional assembly and the National Transport Authority, and

(IV) submissions made by any other persons in relation to the proposed variation (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) give the response of the chief executive to the issues raised in the submissions, taking account of the proper planning and sustainable development of the area, the statutory obligations of the planning authority and any relevant policies or objectives for the time being of the Government or of any Minister of the Government,

(iv) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator in any submissions made by them should be dealt with, and

(v) where required, include the assessment of the chief executive of the proposed variation for the purposes of strategic environmental assessment or appropriate assessment, taking into account the submissions received under this section.

(12) (a) The members of a planning authority shall consider the proposed variation and the report of the chief executive under subsection (11).

(b) The consideration of the proposed variation and the chief executive’s report under paragraph (a) shall be completed within 6 weeks from the date of the submission of the chief executive’s report to the members of the planning authority.

(c) Where, following the consideration of the proposed variation and the chief executive’s report, it appears to the members of the planning authority that the proposed variation should be made, they may, subject to paragraph (d), by resolution make the proposed variation.

(d) Where, following the consideration of the proposed variation and the chief executive’s report, it appears to the members of the authority that a modified version of the proposed variation should be made, they may, subject to subsection (13), by resolution make a modified version of the proposed variation.

(e) Where, in making the proposed variation under paragraph (c) or a modified version of the proposed variation under paragraph (d), the members of the authority do not comply with any recommendation made by the Minister or Office of the Planning Regulator under this section, they shall, as soon as practicable following the making of the variation, so inform the Minister, or the Office of the Planning Regulator, as the case may be, by notice in writing which notice shall contain a statement of the reasons for the decision not to comply with the recommendation concerned.

(13) (a) Subject to paragraphs (b), (c), (d) and (g), where the members of a planning authority make a modified version of the proposed variation under paragraph (d) of subsection (12) and the modification to the proposed variation constitutes a material alteration of the proposed variation—

(i) the variation shall be deemed not to have been made, and

(ii) the planning authority shall, not later than 2 weeks after the passing of a resolution under paragraph (d) of subsection (12), publish notice of the modification that constitutes a material alteration of the proposed variation on a website maintained by or on behalf of the planning authority and in one or more newspaper circulating in the functional area of the planning authority and send notice and a copy of the modification to the persons set out at subparagraphs (i) to (ix) of paragraph (a) of subsection (7).

(b) The planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the modification that constitutes a material alteration of the proposed variation.

(c) The planning authority shall determine, in accordance with Part 6, if an appropriate assessment is or is not required to be carried out in respect of the modification that constitutes a material alteration of the proposed variation.

(d) Where the planning authority determines in accordance with paragraph (b) or (c) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the modification that constitutes a material alteration of the proposed variation and the 2 week period referred to in subparagraph (ii) of paragraph (a) may be extended by such period as the chief executive specifies as being necessary for this purpose.

(e) Where applicable, a notice under paragraph (a) shall include notice of the making of any determination that an assessment referred to in paragraph (b) or (c) is required.

(f) A notice under paragraph (a) shall state—

(i) that a copy of—

(I) the modification that constitutes a material alteration of the proposed variation,

(II) any determination by the authority that an assessment referred to in paragraph (b) or (c) is or is not required,

(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,

(ii) that written submissions with respect to the modification that constitutes a material alteration of the proposed variation or an assessment referred to in paragraph (b) or (c) and made to the planning authority within the period specified in the notice shall be taken into account by the authority before the variation of the development plan is made.

(g) Where a strategic environmental assessment is required in accordance with paragraph (b) or an appropriate assessment is required in accordance with paragraph (c), the chief executive of the planning authority shall, subsequent to receipt of the written submissions under this section and before finalisation of the report required under subsection (15)—

(i) carry out such assessment of the modification to the proposed variation of the draft development plan as is required, and

(ii) include that assessment in that report.

(14) Written submissions received by a planning authority on foot of publication of a notice under subsection (13) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the planning authority within 10 working days of their receipt by the authority.

(15) (a) Not later than 12 weeks from the date of the notice under subsection (13) the chief executive shall—

(i) prepare a report on any submissions received on foot of the publication of the notice, and

(ii) submit the report to the members of the planning authority for their consideration.

(i) list the persons who made submissions in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification,

(ii) provide a summary of any—

(I) recommendations and submissions made by the Minister in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification,

(II+) recommendations and submissions made by the Office of the Planning Regulator in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification,

(III) submissions made by the regional assembly and the National Transport Authority, and

(IV) submissions made by any other person in relation to the modification to the proposed variation and any strategic environmental assessment or appropriate assessment of the modification (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(iii) set out the recommendations of the chief executive as to how any recommendations made by the Minister and the Office of the Planning Regulator should be taken account of in relation to the modification to the proposed variation,

(iv) give the response of the chief executive to the matters raised in the submissions and the recommendations of the chief executive in relation to the modification to the proposed variation, and

(v) include the assessment of the chief executive under paragraph (g) of subsection (13).

(16) (a) The members of a planning authority shall consider the modification and the report of the chief executive under subsection (15).

(b) The consideration of the modification and the chief executive’s report under paragraph (a) shall be completed not later than 4 weeks from the date of the submission of the chief executive’s report to the members of the planning authority.

(17) (a) Subject to paragraph (b), the members of a planning authority shall, by resolution, having complied with subsection (16)—

(i) make the variation as originally proposed by the planning authority,

(ii) make the variation with the material alteration that was the subject of the notice under subsection (13), or

(iii) refuse to make the variation.

(b) Where the members of a planning authority decide to make the variation with the material alteration that was the subject of the notice under subsection (13), they may do so subject to any further minor modifications to the alteration that they consider appropriate.

(i) does not substantially or materially alter the material alteration,

(ii) is not likely to have significant effects on the environment or on any European site, and

(iii) does not relate to—

(I) an increase in the area of land zoned for any purpose, or

(II) an addition to or deletion from the record of protected structures.

(d) Where, in making a variation of the development plan under paragraph (a), the members of a planning authority do not comply with any recommendation made by the Minister or Office of the Planning Regulator under this section, they shall, as soon as practicable following the making of the variation, so inform the Minister or the Office of the Planning Regulator, as the case may be, by notice in writing which notice shall contain a statement of the reasons for not complying with the recommendation concerned.

(18) (a) Where a planning authority makes a variation of a development plan, it shall publish, within 1 week of the making of the variation, in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, notice of the making of the variation.

(b) A notice under this subsection shall state that a copy of the development plan as varied will be available for inspection on a website maintained by or on behalf of the planning authority and at a place specified in the notice on and from a date as may be so specified (being not more than 5 weeks after the date of the making of the variation of the development plan).

(c) A planning authority shall, within 1 week of the making of a variation of a development plan, send a copy of the variation to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Maritime Area Regulatory Authority,

(iv) the Commission,

(v) the relevant regional assembly,

(vi) where the functional area of the planning authority includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the National Transport Authority,

(viii) any adjoining planning authority,

(ix) any Local Community Development Committee within the area of the development plan, and

(x) such other persons as may be prescribed.

(d) Where a planning authority sends a copy of any variation to the Office of the Planning Regulator under paragraph (c), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, any regional assembly and the National Transport Authority in accordance with this section.

(e) A planning authority shall make a copy of the variation available for purchase by any member of the public on payment of a specified fee not exceeding the reasonable cost of making a copy.

(19) A failure to comply with subsection (3), (10), (11), (12), (13), (14), (15), (16) or (18) within the time period specified therein shall not of itself invalidate a variation of a development plan.

(20) A variation made to a development plan shall take effect from the day that the variation is made.

59. Variation affecting settlement-specific objectives in urban area plan or priority area plan

59. (1) This section applies where a planning authority is considering, in accordance with section 58—

(a) a proposed variation of a development plan, or

(b) a material alteration to a proposed variation of a development plan,

that would have the effect of amending the settlement-specific objectives set out in the development plan for a specific settlement.

(2) The planning authority shall consider whether the making of the variation or material alteration to the variation concerned would necessitate amendment of any relevant area plan for the time being in force for such settlement, or part of such settlement, as the case may be, for the purposes of ensuring consistency of the relevant area plan with the settlement-specific objectives concerned.

(3) Where, having considered the matter in accordance with subsection (2), the planning authority considers that a proposed variation to a development plan or a material alteration to a proposed variation would necessitate amendment of a relevant area plan for the time being in force, it shall include in any notice under subsection (7) of section 58—

(a) a statement that the proposed variation or material alteration to the proposed variation, as the case may be, necessitates amendment of a specified relevant area plan, and

(b) state that a draft of the necessary amendments to the relevant area plan will be included with the documents available for inspection and on which submissions may be made within the period specified in the notice.

(4) In preparing any report under section 58, the chief executive of the planning authority shall take account of any submissions received by virtue of paragraph (b) of subsection (3).

(5) In making any decision for the purposes of section 58, the members of the planning authority shall take account of any submissions received by virtue of paragraph (b) of subsection (3).

(6) Where the planning authority under section 58 makes a variation of the development plan which necessitates amendment of any relevant area plan for the time being in force, the decision to make the variation shall be deemed also to be a decision to make the necessary consequential amendment of the relevant area plan concerned.

(7) Where subsection (6) applies, the notice required to be published in accordance with subsection (18) of section 58 shall also refer to the amendment of the relevant area plan concerned and to the availability for inspection of a copy of the relevant area plan as amended and a copy of the amendment shall be included with the copy of the variation sent to the persons specified in paragraph (c) of subsection (18) of section 58.

(8) In this section, “relevant area plan” means—

(a) an urban area plan, or

(b) a priority area plan.

60. Public rights of way

60. (1) Where a planning authority proposes to include a provision in a development plan relating to the preservation of a specific public right of way, it shall, prior to the publication of notice of the preparation of the draft development plan under section 55 or notice of the proposed variation of the development plan under section 58, serve notice (which shall include particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists.

(2) A notice served under subsection (1) shall state—

(a) that a copy of the proposal may be inspected at a place specified in the notice at such times as may be so specified during a period (being a period of not less than 8 weeks from the date of the notice) as may be so specified,

(b) that written submissions with respect to the proposal made to the planning authority within the period specified under paragraph (a) will be taken into consideration by the planning authority, and

(c) that where, following consideration of any submissions received under this section, the planning authority considers that the provision should be included in the development plan, or included subject to modifications, a right of appeal to the Circuit Court exists in relation to such provision.

(3) The members of a planning authority, having considered the proposal and any submissions made in respect of it, may by resolution recommend—

(a) the inclusion of the proposed provision in the development plan, with or without modifications, or

(b) against such inclusion.

(4) Any person on whom notice has been served under subsection (1) shall be served with a copy of the recommendation made under subsection (3) accordingly and a copy of such notice shall be published on a website maintained by or on behalf of the planning authority and in at least one newspaper circulating in the functional area of the planning authority.

(5) Any person who has been served with a copy of the recommendation of the planning authority under subsection (4) may, before the expiry of the period of 21 days beginning on the date of service, appeal to the Circuit Court, on notice to the planning authority, against the inclusion in the development plan of the proposed provision, and the Court, if satisfied that no public right of way exists, shall so declare and the provision shall, subject to subsection (7), accordingly not be included in the development plan.

(6) Where no appeal is brought within the period of 21 days referred to in subsection (5), the planning authority may include the proposed provision in the development plan.

(7) Where an appeal is brought within the period of 21 days referred to in subsection (5), the planning authority may, notwithstanding the appeal, include the proposed provision in the development plan or variation made under this Chapter subject to the following:

(a) the provision shall not come into effect until the appeal has been finally determined and paragraph (a) of subsection (8) applies;

(b) the provision shall be accompanied by a statement in the development plan to the effect that the provision is the subject of a pending appeal under subsection (5) and shall not come into effect until the appeal has been finally determined and paragraph (a) of subsection (8) applies.

(8) Where, upon the final determination of an appeal brought under subsection (5), the Circuit Court declares that the public right of way exists, the proposed provision—

(a) if included in a development plan under subsection (7), shall come into effect immediately, and

(b) if not included in a development plan, may in the future be included in a development plan without the necessity to comply with this section.

(9) Where, upon the final determination of an appeal brought under subsection (5), the Circuit Court declares that the public right of way does not exist and the proposed provision has been included in a development plan under subsection (7)—

(a) the provision shall immediately be deemed not to be included in the development plan, and

(b) the planning authority shall, as soon as practicable thereafter, remove the provision from the published development plan.

F7[(10) Any provision relating to the preservation of a public right of way contained in a development plan—

(a) continued in force undersection 68, or

(b) prepared, or varied, in accordance withsection 69,

may be included in a subsequent development plan made under this Act without the necessity to comply with this section.]

(11) Nothing in this section shall affect the existence or validity of any public right of way which is not included in a development plan.

(12) The inclusion of a public right of way in a development plan shall be evidence of the existence of such a right unless the contrary is shown.

61. Consequences of new or amended National Planning Statement for development plans

61. (1) Where the Minister issues or amends a National Planning Statement, each planning authority shall, within 2 months of the publication of National Planning Statement, submit a report to the Office of the Planning Regulator setting out its view as to whether the development plan in force for its functional area is materially consistent with the National Planning Policies and Measures.

(2) Where a planning authority 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 what steps the planning authority proposes to take 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 planning authority shall be sufficient to remove the material inconsistency concerned—

(i) the Office of the Planning Regulator shall so inform the planning authority, and

(ii) the chief executive of the planning authority shall invoke the expedited variation procedure set out in section 62,

(b) is not satisfied that the steps proposed by the planning authority 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 64 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 64, and

(ii) a statement of reasons for the recommendation.

(4) Where a planning authority 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 64 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 64, 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 of the opinion that there is no material inconsistency for the purposes of that subsection, it shall so inform the planning authority.

(6) The Office of the Planning Regulator shall notify the planning authority 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 64, whether with or without modifications.

(8) Where the Minister decides under subsection (7) that a draft direction should be issued under section 64, 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 64 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 64, 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.

62. Expedited variation of development plan

62. (1) This section applies where variations to a development plan 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 development plan concerned is materially consistent with National Planning Policies and Measures contained in such statement, and

(c) the Office of the Planning Regulator has informed the planning authority under subparagraph (i) of paragraph (a) of subsection (3) of section 61 that it is satisfied with the steps proposed by the planning authority.

(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 61 that the Office of the Planning Regulator is satisfied with the steps proposed by a planning authority under subsection (2) of that section, the chief executive of the planning authority shall prepare a draft variation to the development plan concerned and shall conduct a screening for strategic environmental assessment in respect of the draft variation in accordance with the Strategic Environmental Assessment Regulations and a screening for appropriate assessment in respect of the draft variation in accordance with Part 6.

(3) In carrying out any screening assessment under subsection (2), the chief executive 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 chief executive determines that a strategic environmental assessment or an appropriate assessment, or both, as the case may be, is or are required in respect of a draft variation, the draft variation may only be made by way of a variation to the development plan concerned under section 58 and may not be made under this section.

(5) Where the chief executive determines that neither a strategic environmental assessment nor an appropriate assessment is required in respect of a draft variation, the chief executive shall propose the draft variation to the members of the planning authority for adoption by resolution.

(6) Where the chief executive proposes a draft variation to the planning authority under subsection (5), the proposed variation shall be deemed to have been made at the expiration of a period of 6 weeks from the date of the proposal unless the members of the planning authority, within that period, by resolution reject the proposed variation.

(7) Where a variation is deemed to have been made under subsection (6), the publication requirements under subsection (18) of section 58 shall apply in respect of the development plan as varied.

(8) Where, within the 6 week period referred to in subsection (6), the members of the planning authority by resolution reject the variation proposed by the chief executive—

(a) the chief executive 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 (9).

(9) Where, following a resolution under subsection (8), the Office of the Planning Regulator is of the opinion that there is a material inconsistency for the purposes of subsection (1) of section 61, it shall make a recommendation to the Minister that a draft direction under section 64 should be issued, which recommendation shall be accompanied by—

(b) a statement of reasons for the recommendation.

(10) Subject to subsections (11) and (12), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (9)—

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

(11) Where the Minister decides under subsection (10) that a draft direction should be issued under section 64, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (10) the material inconsistency for the purposes of subsection (1) of section 61, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 in accordance with the proposed terms for the draft direction under subsection (9), with or without such modifications as may be specified by the Minister in the direction.

(12) Where the Minister decides under subsection (10) that a draft direction should not be issued under section 64, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (10) the material inconsistency for the purposes of subsection (1) of section 61 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.

(13) A direction issued under paragraph (b) of subsection (12) shall be laid before each House of the Oireachtas by the Minister.

63. Assessment of development plan and variation by Office of Planning Regulator and recommendation to Minister

63. (1) The Office of the Planning Regulator shall, upon being notified by a planning authority under this Chapter of—

(a) the making of a development plan, or

(b) the making of any variation to a development plan,

carry out an assessment of the development plan or variation, as the case may be, in accordance with subsections (3) and (4).

(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of a development plan.

(b) The Minister, a regional assembly or a planning authority may, at any time, notify the Office of the Planning Regulator of any provision in a development plan (including, in the case of notification by a planning authority under this paragraph, a development plan that relates to the functional area of a different planning authority) that the Minister, regional assembly or planning authority, as the case may be, believes to be materially inconsistent with—

(i) the National Planning Framework,

(ii) the National Marine Planning Framework,

(iii) the regional spatial and economic strategy for the relevant region, or

(iv) 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 development plan 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 development plan 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 (10), in particular, consider—

(a) the National Planning Framework,

(b) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(d) National Planning Policies and Measures,

(e) National Planning Policy Guidance,

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

(g) any Opinion on Development Plan Strategy issued by the Office of the Planning Regulator to the planning authority concerned under section 53,

(h) any recommendations and submissions 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 development plan or variation, or proposed material alteration thereto, and

(i) the requirements of this Chapter.

(4) Without prejudice to subsection (3), the Office of the Planning Regulator shall, in carrying out an assessment under subsection (1) or (2), consider whether the development plan or development plan as varied, as the case may be, fails to establish an integrated overall strategy for the proper planning and sustainable development of the relevant area in accordance with the requirements of this Act.

(5) In its consideration under subsection (4), the Office of the Planning Regulator shall have regard to whether the development plan or development plan as varied, as the case may be, contains a statement in accordance with the requirements of subsections (2) to (8) of section 43.

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

(a) the National Planning Framework,

(b) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(d) National Planning Policies and Measures,

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

(i) suspend the effect of the development plan 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 64, in accordance with a direction of the Minister under paragraph (b) of subsection (14),

(II) the issuance by the Minister of a direction under paragraph (b) of subsection (15) 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 (11) not to issue a draft direction.

(7) Where the Office of the Planning Regulator issues a notice to a planning authority under subsection (6), 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.

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

(a) shall, where the assessment is being carried out under subsection (2), consult with the chief executive and members of the planning authority, and

(b) may—

(i) require the planning authority to provide, within such period as may be specified by the Office of the Planning Regulator, such information as it considers necessary, and

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

(9) A planning authority 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.

(10) Where, following an assessment carried out under subsection (1) or (2), the Office of the Planning Regulator forms the opinion that the development plan or development plan as varied, as the case may be—

(a) fails to establish an integrated overall strategy for the proper planning and sustainable development of the relevant area,

(b) is materially inconsistent with—

(i) the National Planning Framework,

(ii) where the planning authority is a coastal planning authority, the National Marine Planning Framework,

(iii) the relevant regional spatial and economic strategy, or

(iv) National Planning Policies and Measures,

(c) 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 area,

(d) 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 area, or

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

it shall make a recommendation to the Minister that a draft direction under section 64 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 64, and

(ii) a statement of reasons for the recommendation.

(11) 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 subsection (10) is met, it shall make a recommendation to the Minister that a draft direction under section 64 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation.

(12) The Office of the Planning Regulator shall notify the planning authority concerned, and where applicable, any planning authority or regional assembly which made a notification in accordance with paragraph (b) of subsection (2), of a recommendation under subsection (10) or (11) and shall provide them with a copy of the documents accompanying the recommendation in accordance with those subsections.

(13) Subject to subsections (14) and (15), 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

(14) Where the Minister decides under subsection (13) that a draft direction should be issued under section 64, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (13) which of the criteria in paragraphs (a) to (e) of subsection (10) the Minister considers to be met, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 64 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.

(15) Where the Minister decides under subsection (13) that a draft direction should not be issued under section 64, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (13) which of the criteria in paragraphs (a) to (e) of subsection (10) 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.

(16) Where the Minister issues a direction under paragraph (b) of subsection (15) and the Office of the Planning Regulator has issued a notice to a planning authority under subsection (6), the Office of the Planning Regulator shall notify the planning authority concerned of the direction of the Minister for the purposes of subparagraph (II) of paragraph (ii) of subsection (6).

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

F8[(18) (a) This section (other than an excluded provision) shall apply to—

(i) the making of a variation to a development plan that continues in force by virtue ofsubsection (1)ofsection 68, and

(ii) the making of a variation to a development plan prepared, or varied, in accordance withsection 69,

as it applies to the making of a variation to a development plan made under this Chapter, as if—

(I) insubsection (6)—

(A) "any variation of the development plan" were substituted for "the development plan or any part or provision thereof, and

(B) "the variation" were substituted for "the development plan or part or provision thereof" inparagraph (i),

(II) insubsection (10), "any variation of the development plan" were substituted for "the development plan or development plan as varied, as the case may be",

(III) inparagraph (a)ofsubsection (14), "paragraphs (b)to(e)" were substituted for "paragraphs (a)to(e)", and

(IV) inparagraph (a)ofsubsection (15), "paragraphs (b)to(e)" were substituted for "paragraphs (a)to(e)".

(b) In this subsection "excluded provision" means—

(i)paragraphs (g)and(i)ofsubsection (3),

(ii)subsections (4)and(5), and

(iii)paragraph (a)ofsubsection (10).]

64. Issuance of draft direction by Office of Planning Regulator

64. (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 (5), issue a draft direction, which if issued to a planning authority in a direction issued by the Minister under section 65 would require—

(a) a development plan to be varied in the manner specified in the direction, and

(b) the planning authority to implement the amendment referred to in paragraph (a) and publish the development plan as so amended.

(2) A draft direction issued under subsection (1) may identify any provision of a development plan 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 65.

(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 65.

(4) (a) A planning authority or the Commission shall not determine any application for permission which would be materially affected by the provisions suspended in accordance with subsection (3) or by any amendment of a development plan specified in a draft direction issued under subsection (1) 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 65.

(b) Where a planning authority or the Commission is temporarily precluded from determining any application for permission under paragraph (a), it shall notify the applicant.

(5) 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.

(6) (a) Where it is determined under paragraph (a) of subsection (5) 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 (5) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6.

(7) 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 functional area of the planning authority,

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

(i) the Minister,

(ii) the chief executive of the planning authority,

(iii) the members of the planning authority,

(iv) the director of the relevant regional assembly,

(v) where the planning authority is a coastal planning authority, the Maritime Area Regulatory Authority,

(vi) where the functional area of the planning authority includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the Commission,

(viii) the National Transport Authority, and

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

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

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

(b) where applicable, 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, the determination made in accordance with subsection (5) and any environmental report or Natura impact report referred to in subsection (6) 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 a website maintained by or on behalf of the Office of the Planning Regulator and of the planning authority 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 65.

(9) Subject to subsections (10), (11) and (12), 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 (7), and having considered any submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the chief executive of the planning authority and the members of the planning authority—

(a) recommend that the Minister issue a direction under section 65 in terms of the draft direction,

(b) recommend that the Minister issue a direction under section 65 in an amended form to take account of any submissions made pursuant to subsection (8), or

(10) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (9), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 63.

(11) (a) Where it is determined under paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (9), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue.

(b) Where it is determined under paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraphs (a) or (b) of subsection (9), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue.

(12) A recommendation to the Minister under subsection (9) shall be accompanied by a report of the Office of the Planning Regulator setting out—

(a) a copy of the draft direction issued under subsection (1),

(b) a summary of any written submissions received from the chief executive and the members of the planning authority in relation to the draft direction,

(c) a summary of any written submissions received from any other person in relation to the draft direction (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c),

(e) the reasons for the recommendation of the Office of the Planning Regulator,

(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 65 in an amended form, a copy of the proposed amended draft direction, and

(g) where required, the strategic environmental assessment or appropriate assessment of the Office of the Planning Regulator, or both, as the case may be, carried out by the Office of the Planning Regulator in accordance with subsection (11) in relation to the direction which the Office of the Planning Regulator is recommending that the Minister issue.

(13) A copy of the recommendation and report sent to the Minister under subsections (9) and (12), and any submissions made in relation to the draft direction, shall be—

(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and

(b) sent to the relevant planning authority.

(14) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

F9[(15) This section shall apply to—

(a) a development plan that continues in force by virtue ofsubsection (1)ofsection 68, and

(b) a development plan prepared, or varied, in accordance withsection 69,

as it applies to a development plan made under this Chapter, as if, insubsection (10), "paragraphs (b)to(e)ofsubsection (10)ofsection 63" were substituted for "paragraphs (a)to(e)ofsubsection (10)ofsection 63".].

65. Power of Minister to issue direction

65. (1) The Minister may, subject to this section, issue a direction to a planning authority requiring—

(a) a development plan to be varied in the manner specified in the direction, and

(b) the planning authority to implement the variation referred to in paragraph (a) and publish the development plan as so varied.

(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 64 and made a recommendation under subsection (9) of that section.

(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 is met.

(4) Within 8 weeks of receipt of a recommendation and report of the Office of the Planning Regulator in accordance with subsections (9) and (12) of section 64, the Minister shall—

(a) consider the recommendation and report,

(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 64,

(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and

(d) where the decision is to issue a direction under subsection (1)—

(i) identify in the stated reasons provided under paragraph (c) which of the criteria in paragraphs (a) to (e) of subsection (10) of section 63 the Minister considers to be met, and

(ii) issue the direction in accordance with subsection (5).

(5) The Minister may issue the direction under subsection (1) to the planning authority—

(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (9) of section 64,

(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or

(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate.

(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site.

(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (12) of section 64 and may adopt such assessment or make his or her own assessment and determination in respect of the direction.

(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the modifications, if incorporated into the direction and 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 modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on any European site.

(9) (a) Where it is determined under paragraph (a) of subsection (8) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report and proceed to conduct an assessment in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (8) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report and proceed to conduct an assessment in accordance with Part 6.

(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister.

(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (9) of section 64, not to make a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 63.

(11) A copy of a direction issued under subsection (1), together with a statement of reasons for making the direction, shall, within 5 working days beginning on the date on which the direction is issued—

(a) be provided to the relevant planning authority, the Office of the Planning Regulator and the Commission,

(b) be published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and

(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the planning authority shall each publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the planning authority.

(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall—

(a) provide a statement of reasons for deciding not to issue a direction to the relevant planning authority, the relevant regional assembly, the Office of the Planning Regulator and the Commission,

(b) cause a copy of the statement referred to in paragraph (a) to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(14) Where the Minister issues a direction under subsection (1), the planning authority shall, as soon as practicable, comply with that direction and the chief executive or members shall not exercise any function conferred on them by or under this Act in a manner that contravenes the direction.

(15) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the plan or, if appropriate, to constitute the plan, pending the implementation and publication by the planning authority, in accordance with the direction, of the development plan as varied by that direction.

(16) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts (S.I. No. 15 of 1986) and Part 9, the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria in paragraphs (a) to (e) of subsection (10) of section 63, is met, this shall not warrant the quashing of the direction where—

(a) the Minister was also of the opinion that one or more of the other criteria in paragraphs (a) to (e) of subsection (10) of section 63 is met, and

(b) the Court finds that the Minister was entitled to form such an opinion.

(17) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

F10[(18) This section shall apply to—

(a) a development plan that continues in force by virtue ofsubsection (1)ofsection 68, and

(b) a development plan prepared, or varied, in accordance withsection 69,

as it applies to a development plan made under this Chapter, as if—

(i) insubsection (3), "paragraphs (b)to(e)ofsubsection (10)ofsection 63" were substituted for "paragraphs (a)to(e)ofsubsection (10)ofsection 63",

(ii) insubparagraph (i)ofparagraph (d)ofsubsection (4), "paragraphs (b)to(e)ofsubsection (10)ofsection 63" were substituted for "paragraphs (a)to(e)ofsubsection (10)ofsection 63", and

(iii) insubsection (16), "paragraphs (b)to(e)ofsubsection (10)ofsection 63" were substituted for "paragraphs (a)to(e)ofsubsection (10)ofsection 63" in each place that the latter occurs.]

66. Direction affecting urban area plan, priority area plan or coordinated area plan

66. Where a draft direction issued under section 64 or a direction issued under section 65 would, if implemented, have the effect of causing any provision of an urban area plan, a priority area plan or a coordinated area plan to cease to have effect by virtue of subsection (2) of section 74, or would otherwise require consequential changes to be made to such a plan, the Office of the Planning Regulator, where so directed by the Minister, or the Minister, as the case may be, shall at the same time as issuing the draft direction under section 64 or the direction under section 65 also issue a draft direction under section 79 or a direction under section 80, as the case may be, specifying the manner in which it requires the urban area plan, priority area plan or coordinated area plan to be amended.

67. Urgent direction requiring chief executive to vary development plan

67. (1) This section applies where the Minister is satisfied that—

(a) an event or situation with significant national, regional or strategic implications has occurred or is likely to occur,

(b) it is necessary for the Government to take action as a matter of urgency for the purpose of dealing with the implications or likely implications of the event or situation concerned, and

(2) The Minister may, with the approval of the Government, issue a direction (referred to in this section as an “urgent direction”) to a planning authority requiring the chief executive of the planning authority to vary the development plan for the functional area of the planning authority for the purpose specified in subsection (3) before the expiry of the period specified in the direction.

(3) The purpose referred to in subsection (2) is to make provision for or in connection with a class of infrastructure or other development of national or strategic importance specified in the urgent direction—

(a) at a location specified in the urgent direction, or

(b) at a location that is to be selected by the chief executive of the planning authority in accordance with criteria set out in the urgent direction.

(4) Before issuing an urgent direction, the Minister shall—

(a) consult the Office of the Planning Regulator,

(b) determine, in accordance with the Strategic Environmental Assessment Regulations, whether it is necessary to carry out a strategic environmental assessment and, where it determines that it is necessary to do so, carry out a strategic environmental assessment in accordance with those regulations,

(c) determine, in accordance with Part 6, whether it is necessary to carry out an appropriate assessment and, where it determines that it is necessary to do so, carry out an appropriate assessment in accordance with that Part,

(d) where the direction concerns the development plan of a single planning authority, notify the planning authority that he or she intends to issue a direction under this section, and

(e) publish notice of the determinations made under paragraphs (b) and (c) on a website maintained by or on behalf of the Minister.

(5) The chief executive of a planning authority shall—

(a) comply with an urgent direction, and

(b) make such consequential amendments of any urban area plan, priority area plan or coordinated area plan that is in force for the functional area of the planning authority as the chief executive considers necessary for the purpose of ensuring that any such plan is consistent with the development plan as varied by virtue of the urgent direction.

(6) The chief executive of a planning authority shall, as soon as may be after varying a development plan and amending any urban area plan, priority area plan or coordinated area plan under this section—

(a) publish notice of the making of the variations and amendments and a copy of the plan concerned as varied, and

(b) where the chief executive has amended a coordinated area plan under paragraph (b) of subsection (5), give to each of the other planning authorities to whose functional area the coordinated area plan relates—

(i) notice of the amendments, and

(ii) a copy of the coordinated area plan as amended.

(7) A varied development plan or an amended urban area plan, priority area plan or coordinated area plan shall take effect on the making of the variation or amendment by the chief executive of the planning authority the subject of an urgent direction.

(8) A direction issued under subsection (2) shall, within 3 working days beginning on the date on which the direction is issued, be laid before each House of the Oireachtas by the Minister.

68. Continuation in force of pre-commencement development plan

68. (1) Notwithstanding the repeal of section 12 of the Act of 2000 effected by section 6, a development plan made under that section that was in force in respect of the functional area of a planning authority immediately before such repeal shall, subject to subsection (3) and sections 61 and 62, continue in force on and after that repeal—

(a) for the remainder of the period of 6 years from the coming into effect of the development plan concerned, or

(b) until a new development plan has been made under this Chapter in respect of the functional area to which the plan relates,

whichever is the shorter period.

F11[(2) A development plan that continues in force by virtue ofsubsection (1)shall have effect as if it were a development plan made under thisChapterand, accordingly, references in this Act to a development plan shall be construed as including references to a development plan that so continues in force.]

(3) The Minister may, by order, for the purposes of ensuring the effective operation of this Part, vary for such period as he or she considers appropriate, the period for which a development plan continued in force under subsection (1) is to remain in force.

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

(5) Where a provision of a development plan continued in force under subsection (1) conflicts with a provision of the National Planning Framework or the relevant regional spatial and economic strategy for the time being in force, the provision of the National Planning Framework or the relevant regional spatial and economic strategy, as the case may be, shall take precedence.

69. Notices under section 11 of Act of 2000

F12[69.(1) Where a notice of intention to review an existing development plan and prepare a new development plan is given under subsection (1) ofsection 11of theAct of 2000before the commencement of the repeal of Part II of theAct of 2000bysection 6—

(a) Parts II and XAB, and Chapter III of Part IIB, of theAct of 2000shall, on and after that repeal, continue to apply and have effect for the purposes of that notice,

(b) that existing development plan may, subject to the said Parts II and XAB and the said Chapter III, be reviewed on or after that repeal, and

(c) such new development plan may, subject to the said Parts II and XAB and the said Chapter III, be prepared on or after that repeal,

and any such new development plan prepared in accordance with thissubsectionshall have effect as if it were a development plan made under this Chapter and, accordingly, references in this Act to a development plan shall be construed as including references to such new development plan.

(2) Where a planning authority proposes to make a variation of a development plan undersection 13of theAct of 2000and, before the commencement of the repeal of Part II of that Act bysection 6, the planning authority complies with subsections (2) and (3) of the saidsection 13—

(a) Parts II and XAB, and Chapter III of Part IIB, of theAct of 2000, shall, on and after that repeal, continue to apply and have effect for the purposes of—

(i) the notice sent under paragraph (a) of the said subsection (2), and

(ii) the notice published under paragraph (b) of that subsection,

and

(b) that variation may, subject to the said Parts II and XAB and the said Chapter III, be made on or after that repeal,

and any development plan under theAct of 2000varied in accordance with this subsection shall have effect as if it were a development plan made under thisChapterand, accordingly, references in this Act to a development plan shall be construed as including references to such development plan as so varied.

(3)Subsections (3), (4)and(5)ofsection 68shall apply to a development plan prepared or varied in accordance with this section as they apply to a development plan continued in force by virtue of that section, as if—

(a) in subsection (3), "a development plan prepared, or varied, in accordance withsection 69" were substituted for "a development plan continued in force undersubsection (1)", and

(b) insubsection (5), "a development plan prepared, or varied, in accordance withsection 69" were substituted for "a development plan continued in force undersubsection (1)".]

Chapter 6

70. Statutory obligations

70. In this Chapter, “statutory obligations” includes an obligation to ensure that a plan prepared under this Chapter is materially consistent with the objectives and strategies set out in the development plan and, in the case of a coordinated area plan, with the objectives and provisions of the regional spatial and economic strategy relating to the settlement or the part of a settlement to which the coordinated area plan relates.

71. Urban area plans

71. (1) Where a development plan identifies a settlement as requiring an urban area plan, the planning authority shall prepare, in accordance with the procedure set out in section 75, a plan (in this Act referred to as an “urban area plan”) which shall—

(a) specify how the settlement-specific objectives set out in the development plan that apply to the settlement concerned will be implemented,

(b) specify how the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the development plan in accordance with section 43, and the strategies and statements of the development plan prepared under sections 44 to 51, insofar as they are relevant to the settlement, will be implemented in respect of the settlement concerned, and

(c) include such other objectives in such detail as may be determined by the planning authority to ensure the proper planning and sustainable development of the settlement to which it applies, including objectives relating to community facilities and amenities and standards for the design and architecture of structures and public areas.

(2) An urban area plan shall—

(a) be materially consistent with—

(i) the settlement-specific objectives set out in the development plan which apply to the settlement concerned,

(ii) the zoning objectives of the development plan which apply to the settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority as set out in the development plan in accordance with section 43, and

(iv) the strategies and statements prepared under sections 44 to 51 of the development plan,

and

(b) take due account of any relevant transport strategy of the National Transport Authority.

72. Priority area plans

72. (1) Subject to subsections (4) and (5), where a development plan identifies part of a settlement as requiring a priority area plan, the planning authority shall prepare, in accordance with the procedure set out in section 75, a plan (in this Act referred to as a “priority area plan”) which shall—

(a) include an outline of any objectives included in the development plan under subsection (4) of section 52 to guide and enable the development, renewal or regeneration of the part of the settlement to which it applies,

(b) specify how the settlement-specific objectives set out in the development plan, the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the development plan in accordance with section 43, and the strategies and statements of the development plan prepared under sections 44 to 51 insofar as they are relevant to the part of the settlement to which the priority area plan applies, will be implemented, and

(c) include such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the part of the settlement to which the priority area plan applies, including objectives relating to community facilities and amenities and standards for the design and architecture of structures and public areas.

(2) A priority area plan shall—

(a) be materially consistent with—

(i) the settlement-specific objectives set out in the development plan which apply to the part of the settlement concerned, including any objectives under subsection (4) of section 52 applicable to a site or land within the area of the priority area plan,

(ii) the zoning objectives of the development plan which apply to the part of the settlement concerned,

(iv) the strategies and statements prepared under sections 44 to 51 of the development plan,

and

(b) take due account of any relevant transport strategy of the National Transport Authority.

(3) A planning authority may appoint a sub-committee comprised of elected members from the part of the settlement to be the subject of a priority area plan for the purposes of liaising with the chief executive in relation to the preparation of a draft priority area plan under section 75.

(4) Where a development plan sets out settlement-specific objectives in respect of any Gaeltacht or inhabited offshore island in accordance with subparagraph (iii) or (iv) of paragraph (a) of subsection (1) of section 52, the planning authority shall prepare a priority area plan for one or more such Gaeltacht or inhabited offshore island.

(5) In the case of a priority area plan prepared under subsection (4), a reference to “part of a settlement” in—

(a) subsections (1) to (3), and

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