John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I thank the Deputy for raising this matter and giving me the opportunity to explain the role of the Office of the Planning Regulator. As he is aware, the final report of the Mahon tribunal recommended the establishment of an independent planning regulator and legislation for such a regulator was in train for a number of years. The Office of the Planning Regulator, OPR, was established in April 2019 under the Planning and Development (Amendment) Act 2018.

The OPR is responsible for the independent assessment of all local authority and regional assembly forward planning, including development plans, local area plans, regional spatial and economic strategies etc. It will provide statutory observations during the drafting of statutory plans. In cases where the OPR finds that a local authority's plans are ultimately not consistent with relevant regional or national policies, including the provisions of the national planning framework, the OPR will recommend the use of ministerial powers to bring plans back in line with statutory requirements and best practice.

The OPR is also empowered to review the organisation, systems and procedures used by any planning authority or An Bord Pleanála in the performance of any of the planning functions under the planning Acts, including assessing risks of maladministration or corruption. The OPR can initiate such reviews at its own behest, at the request of the Minister or on foot of complaints or submissions from members of the public. In performing its functions, the OPR will take into account the objective of contributing to proper planning and sustainable development and the optimal function of planning under the Planning and Development Act 2000, as amended.

As the Deputy has outlined, the north Dublin and south Fingal fringe straddles two local authorities, Dublin City Council and Fingal County Council. The Eastern and Midland Regional Assembly has adopted a regional spatial and economic strategy, which will be implemented by way of a review, or variation, by local authorities of all relevant development plans. Given the timing of the county development plans in Dublin City Council and Fingal County Council, I understand they are proposing to vary their development plans to take account of the regional strategy. In this regard, they have up to 26 weeks from the date of adoption of the strategy to initiate such a variation, which is up to early January 2020. Any variation of county development plans will be considered by the OPR in line with its functions under the planning Acts.

Notwithstanding this, it is the function of a planning authority to plan for its own administrative area in accordance with national planning policies and guidance. In this regard, Dublin City Council and Fingal County Council have adopted particular plans for this general location, and some were mentioned by the Deputy. These plans were adopted by the elected members of the relevant local authorities in accordance with the requirements set out in the Planning and Development Act 2000. Moreover, development plans are statutorily reviewed every six years. I cannot prejudge the contents of a future development plan but in view of the strategic nature of these lands to the orderly development of Dublin, I expect that the relevant development plans would consider the appropriate future development of this area.

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