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 Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

Section 75(4) states:

Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the urban area plan, priority area plan or coordinated area plan concerned or any part or provision thereof should be suspended because it may be materially inconsistent with one or more of the items referred to in subparagraphs (i) to (v) of paragraph (a) of subsection (8), it may issue a notice to the planning authority or, in the case of a coordinated area plan, the principal planning authority and the associate planning authority, which shall take effect immediately upon issuance and shall—

(a) suspend the effect of the plan or part or provision thereof.

The section talks about the planning regulator forming a preliminary view - not a detailed assessment or consideration. If its view is that a plan may be materially inconsistent, not that it is materially inconsistent, it is immediately suspended. They are low thresholds. Is there a time limit on how long? It seems a very low bar for some dramatic interventions by the regulator. I am not arguing that the plans in question should be allowed to be materially inconsistent with other areas of the legislation. However, with a preliminary view that it may be materially inconsistent and on issuance of the notice, the plan or section of the plan is suspended immediately.

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