Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank the Deputy for his question and I also thank Deputy Pádraig O'Sullivan.

The Planning and Development Act 2000, as amended gives the OPR a statutory basis to carry out three main functions. One core function of the OPR is the independent assessment of all local authority and regional assembly statutory plan making processes. This includes county and city development plans, local area plans, and regional spatial and economic strategies.

The OPR provides 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, the OPR can recommend the use of Ministerial powers of direction to bring plans back in line with statutory requirements and best practice. These OPR recommendations must be published. If the Minister does not agree with the recommendation of the OPR and refuses to use the powers available to him or her, the Minister must prepare a statement of reasons for this decision, which is then laid before both Houses of the Oireachtas. It is a robust system.

Recommendations issued by the office relate to clear breaches of the relevant legislative provisions of the national or regional policy framework or the policy of Government, or both, as set out in ministerial guidelines under section 28 of the Act. As such, the planning authority is required to implement or address recommendations made by the office to ensure consistency with the relevant policy and legislative provisions.

The Minister's powers pursuant to the section 31 process are invoked on receipt of a notice issued by the OPR in accordance with section 31AM(8) of the Act.

Since its establishment in April 2019, the OPR has assessed and evaluated 22 city and county development plans to adoption stage. Of the 22 plans, 13 have been the subject of a section 31 notice letter from the office to the Minister of State with responsibility for planning and local government recommending that the Minister issue a draft direction. Twelve of the 13 draft directions have been issued by the Minister, and the Minister's final decision is due to be issued on 24 October in regard to the remaining recommendation.

Regarding the 12 draft directions issued by the Minister and pursuant to section 31AN(4) of the Act, the office subsequently recommended that the Minister issue final directions on nine. Of these, six have been issued. The remaining recommendations are under consideration by the Minister.

The planning issues that were the subject of the six section 31 final directions issued by the Minister on county development plan reviews can be summarised generally as follows: excessive and inappropriate land-use zonings for a variety of land uses, mainly residential use, often in peripheral locations at a remove from settlements and subject to a number of specific site constraints, including flooding, access and servicing; the inclusion of conflicting wind energy development policies; and prohibitive policies related to the banning or limiting of certain types of development.

There have been four occasions on which the Minister has decided not to include all of the recommendations made by the office in issuing either a draft or a final direction. These are listed as follows. The section 31 draft direction on the Kerry county development plan for the period 2022 to 2028 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy. The section 31 final direction on the Cork county development plan for the period 2022 to 2028 did not issue on two of the recommendations made by the OPR relating to retail planning policy. The section 31 final direction on the Westmeath county development plan for the period 2021 to 2027 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy. The section 31 final direction on the Laois county development plan for the period 2022 to 2028 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy. For each of the four listed, the Minister has prepared and submitted a statement of reasons to both Houses of the Oireachtas as to why he has not agreed with the recommendations of the OPR. Eight development plans are still in the review process and will remain subject to evaluation and assessment by the OPR.

I will refer specifically to the points raised by the Deputy when responding to supplementary questions.

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