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Amendment of section 31 of Principal Act
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21. Section 31 of the Principal Act is amended, in subsection (1), by—
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(a) substituting the following paragraph for paragraph (a):
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“(a) a planning authority, in making a development plan, a variation of a development plan, a local area plan or an amendment to a local area plan (in this section referred to as a ‘plan’) has failed to—
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(i) implement a recommendation made to the planning authority by—
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(I) the Minister under section 12, 13 or 20, or
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(II) the Office of the Planning Regulator under section 31AM or 31AO,
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or
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(ii) take account of any submission or observation made to the planning authority by—
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(I) the Minister under section 12, 13 or 20, or
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(II) the Office of the Planning Regulator under section 31AM or 31AO,”,
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(b) inserting the following paragraph:
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“(ba) a plan is not consistent with—
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(i) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, or
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(ii) specific planning policy requirements specified in guidelines issued by the Minister under subsection (1) of section 28,”,
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(c) substituting the following subsection for subsection (3):
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“(3) (a) The Minister may, following the making of a recommendation by the Office of the Planning Regulator under subsection (9) of section 31AN or subsection (9) of section 31AP, give a direction under this section to a planning authority in relation to a plan.
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(b) The Minister shall, before giving a direction under this section to a planning authority, issue a notice in writing to the planning authority of his or her intention to give such direction and such notice shall not be issued after the expiration of 4 weeks from the making of a plan by the planning authority.”.
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