Written answers

Wednesday, 3 June 2020

Department of Housing, Planning, and Local Government

Housing Provision

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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1242. To ask the Minister for Housing, Planning, and Local Government his views on local authorities altering their development plans to accommodate individual large-scale developments. [9371/20]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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The making or varying of a county or city development plan is a reserved function of the elected members of a local authority in their capacity as planning authority under the Planning and Development Act 2000, as amended (the Act). Statutory requirements governing the content and process for review of a development plan are set out in Sections 10-12 of the Act. A planning authority may also, for stated reasons, decide to vary a development plan under Section 13 of the Act.

In making or varying a development plan, the elected members of a planning authority are restricted to considering the proper planning and sustainable development of the area, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or any Minister of the Government. Such policies and objectives include the national planning policies and objectives of the National Planning Framework, the regional planning policies of the relevant Regional Spatial and Economic Strategy, together with associated regulations and statutory planning guidelines issued by the Minister.

Since the establishment ofthe Office of the Planning Regulator (the Office) in April 2019, the Office has had responsibility for the evaluation of the making or varying of county and city development plans. The evaluation process is an independent function of the Office, which also has a statutory function to issue advice where relevant, to the Minister or Minister of State in respect of matters relating to the making or varying of county and city development plans.

In evaluating the making or varying of county and city development plans, the Office of the Planning Regulator is required to have regard to provisions set out in the Act, including, but not limited to the National Planning Framework, regional spatial and economic strategies, the principles of proper planning and sustainable development, relevant guidelines issued under Section 28 of the Act, relevant legislative policies and directives, and other provisions as set out in the Act. 

In accordance with Section 31AN of the Act, if the Office issues a recommendation to the Minister, the Minister shall consider the recommendations of the Office and may either  issue a notice  as recommended by the Office, or, where not in agreement with the Office, the Minister shall:

(i) prepare a statement in writing of his or her reasons for not agreeing,

(ii) cause that statement to be laid before each House of the Oireachtas, and

(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government.

To date, there has been one case in which the Office has made a recommendation to the Minister, which remains ongoing and I am not, therefore, in a position to comment further.

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