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

The provision ensures there is consistency with a plan-led approach as well. It clearly sets out that, in the case of a development referred to, it would have to be consistent with the NPF, national planning policies and so on. It provides that it has to meet the criteria under section 96(2)(a)(i) and (ii) for that to be done. In the case of a development or proposed development, it is subject to “proper planning and sustainable development” or “to the objectives of maritime spatial planning”. It goes on to ensure not that there is flexibility around it, but that the decision can be granted on a material contravention as long as it is in line with the factors to which I referred, as well as the regional spatial and economic strategy, as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies, and any such resolution passed without prior compliance.