Oireachtas Joint and Select Committees

Tuesday, 26 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

It is a kind of saver provision; a catch-all just in case it would be required. It is not just the Minister. Section 61(2)(d) states: "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)." That is a good thing. The independent Planning Regulator may decide it is appropriate to carry out an assessment of a development plan, but they must state their reasons, which can be done. It is not just the Minister at any time. It is not a catch-all provision; it is an in-case provision if something was to come up outside what is already stated to provide the legal ability for that to happen. It could be a controversy or whatever. It could be a new development, a big FDI investment in a county or a local authority looking to vary a plan, but the OPR may want to look at that or a Minister may want to instruct the OPR to assess it. It is a saver provision. It works for both and either the Minister requesting the OPR to do it or the OPR doing it of its own volition.

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