Planning and Development (Amendment) Act 2018

SCHEDULE 1

Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000

Section 5

Reference No.

Provision

Amendment

(1)

(2)

(3)

1

Section 11(2)

Insert “, the Office of the Planning Regulator” after “the Minister”.

2

Section 12(1)(a)

Insert “, the Office of the Planning Regulator” after “the Minister”.

3

Section 12(4)(b)(ii)(I)

Substitute “Minister,” for “Minister; and”.

4

Section 12(4)(b)(ii)

After clause (I), insert:

“(IA) issues raised by the Office of the Planning Regulator, and”.

5

Section 12(5)(aa)

Insert “, or from the Office of the Planning Regulator,” after “from the Minister”.

6

Section 12(5)(aa)

Insert “, the Office of the Planning Regulator” after “it shall so inform the Minister”.

7

Section 12(7)(a)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

8

Section 12(12)(c)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

9

Section 12(17)

Substitute “6 weeks” for “4 weeks”.

10

Section 13(2)(a)

Insert “the Office of the Planning Regulator,” before “the Board”.

11

Section 13(4)(b)(ii)(I)

Delete “and”.

12

Section 13(4)(b)(ii)

After clause (I), insert:

“(IA) issues raised by the Office of the Planning Regulator, and”.

13

Section 13(5)(aa)

Insert “, or from the Office of the Planning Regulator,” after “from the Minister”.

14

Section 13(5)(aa)

Insert “, the Office of the Planning Regulator” after “it shall so inform the Minister”.

15

Section 13(8)(c)

Insert “the Office of the Planning Regulator,” before “the Board”.

16

Section 13(11)

Substitute “6 weeks” for “4 weeks”.

17

Section 20(1)

Insert “, the Office of the Planning Regulator” after “the Minister”.

18

Section 20(3)(a)(i)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

19

Section 20(3)(e)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

20

Section 20(4A)

Substitute “6 weeks” for “4 weeks”.

21

Section 24(2)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

22

Section 24(4)(a)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

23

Section 27A

Insert after subsection (4):

“(5) A regional assembly shall send a copy of any report under this section to the Office of the Planning Regulator.”.

24

Section 27B(4)

Insert “and the Office of the Planning Regulator” after “to the Minister”.

25

Section 27C(4)

Insert “and the Office of the Planning Regulator” after “to the Minister”.

26

Section 31(1)

Substitute “a local area plan or an amendment to a local area plan” for “or a local area plan”.

27

Section 31(1)

Substitute “then, subject to compliance with the relevant provisions of sections 31AM and 31AN or sections 31AO and 31AP, as the case may be, the Minister may” for “the Minister may”.

28

Section 31

Substitute for subsection (3):

“(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a plan is made, issue a notice in writing to a planning authority consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AN(9) or 31AP(9), as the case may be.”.

29

Section 31

Substitute for subsection (5):

“(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—

(a) to the chief executive and to the Cathaoirleach of the planning authority concerned,

(b) where there is a regional spatial and economic strategy in force for the area of the planning authority, to the director of the regional assembly concerned,

(c) where it concerns any matter to which Part IIB relates, to the Office of the Planning Regulator, and

(d) where relevant, to the National Transport Authority.”.

30

Section 31(7)

Substitute for paragraph (c):

“(c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.”.

31

Section 31

Substitute for subsection (8):

“(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the chief executive shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator and the Minister.”.

32

Section 31

Substitute for subsection (10):

“(10) In relation to the notice issued by the Minister under subsection (3), the elected members of the planning authority—

(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and

(b) where so submitted, shall send a copy of it to the Minister.”.

33

Section 31

Delete subsections (11) to (15).

34

Section 31

Substitute for subsection (16):

“(16) Where paragraph (a) or (c) of section 31AN(9) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

35

Section 31

Substitute for subsection (20):

“(20) The Minister shall—

(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and

(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

36

Section 31A(1)

Insert after paragraph (d):

“(e) the Office of the Planning Regulator has issued a notice to the Minister pursuant to section 31AQ(7) in respect of a regional assembly or assemblies, as the case may be,”.

37

Section 31A(1)

Substitute “then, subject to compliance with the relevant provisions of sections 31AQ and 31AR, the Minister may” for “the Minister may”.

38

Section 31A

Substitute for subsection (3):

“(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a regional spatial and economic strategy is made, issue a notice in writing to a regional assembly or regional assemblies, as the case may be, consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AR(9).”.

39

Section 31A

Substitute for subsection (5):

“(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—

(a) to the regional assembly or regional assemblies concerned, as the case may be,

(b) to the Office of the Planning Regulator, and

(c) to the National Transport Authority.”.

40

Section 31A(7)

Substitute for paragraph (c):

“(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly or regional assemblies, as the case may be, during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.”.

41

Section 31A

Substitute for subsection (8):

“(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the members of the regional assembly or regional assemblies, as the case may be, the Office of the Planning Regulator and the Minister.”.

42

Section 31A

Substitute for subsection (10):

“(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—

(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and

(b) where so submitted, shall send a copy of it to the Minister.”.

43

Section 31A

Delete subsections (11) to (15).

44

Section 31A

Substitute for subsection (16):

“(16) Where paragraph (a) or (c) of section 31AR(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

45

Section 31A

Substitute for subsection (20):

“(20) The Minister shall—

(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and

(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.