Written answers

Tuesday, 25 October 2022

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Pádraig O'SullivanPádraig O'Sullivan (Cork North Central, Fianna Fail)
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326. To ask the Minister for Housing, Planning, and Local Government the number of recommendations pertaining to county development plans that have been issued to him from the Office of the Planning Regulator, per local authority in tabular form; the number of these recommendations that have been acceded to; the number that have not been acceded to; and if he will make a statement on the matter. [53450/22]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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Since its establishment in April 2019, the Office of the Planning Regulator (OPR) has assessed and evaluated twenty-two city and county development plans to adoption stage. Of these twenty-two plans, fourteen have been the subject of a notice letter under Section 31AM(8) of the Planning and Development Act 2000 as amended from the Office recommending that I issue a draft Direction. I have issued all these draft directions.

The table below lists the Local Authorities where the OPR have issued a notice letter to issue a draft Direction and the list of Local Authorities to which I have issued a Final Direction.

-
Local Authority (LA) OPR Notice Letter Recommending Draft Direction
Local Authority (LA) Final Direction Issued By Minister
Donegal County Council Meath County Council
Kerry County Council Laois County Council
Mayo County Council Galway County Council
Cork City Council Dún Laoghaire-Rathdown County Council
South Dublin County Council Westmeath County Council
Limerick City and County Council Cork County Council
Galway County Council
Cork County Council
Dún Laoghaire-Rathdown County Council
Laois County Council
Meath County Council
Kilkenny County Council
Wicklow County Council
Westmeath County Council

Of the fourteen draft directions issued pursuant to Section 31AN (4) of the Planning and Development Act, as amended, the OPR subsequently recommended that I issue final Directions on nine of these plans. Six of these directions have now issued and the remaining recommendations are under consideration.

There have been four occasions where it has been decided not to include all of the recommendations made by the OPR in issuing either a draft or a final Direction. These are listed as follows:

1. The Section 31 draft Direction on the Kerry County Development Plan 2022-2028 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy.

2. The Section 31 Final Direction on the Cork County Development Plan 2022-2028 did not issue on two of the recommendations made by the OPR relating to retail planning policy.

3. The Section 31 final Direction on the Westmeath County Development Plan 2021-2027 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy.

4. The Section 31 final Direction on the Laois County Development Plan 2022-2028 did not issue on 1 of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy.

For each of the four listed above, I have prepared and submitted a statement of reasons to both Houses of the Oireachtas as to why I have not agreed with the recommendations of the OPR and this information is available for review by the Deputy.

Photo of Pádraig O'SullivanPádraig O'Sullivan (Cork North Central, Fianna Fail)
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327. To ask the Minister for Housing, Planning, and Local Government if the Office of the Planning Regulator has completed and submitted its annual report for 2022; if not, when is it due to be published; if a copy of the 2021 report will be provided; and if he will make a statement on the matter. [53451/22]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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Section 31AH of the Planning and Development Act 2000 (the Act), as amended, requires the Office of the Planning Regulator (OPR) to prepare and submit an Annual Report to my Department no later than the 30thday of June of each year. The OPR’s Annual Report shall include information on the performance of its functions and its principal activities during the preceding year.

In accordance with the above, the OPR’s 2022 Annual Report, which will cover the period 1 January to 31 December 2022, is due to be submitted by 30 June 2023.

The 2021 Annual Report was submitted to my Department on 20 June this year and was laid before the Houses of the Oireachtas by the OPR in accordance with section 31AH(2) of the Act on 15 July 2022. The 2021 Annual Report has been published on the OPR website and is available at the following link – publications.opr.ie/view-file/103 .

It should be noted that arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for the Office of the Planning Regulator is oireachtas@opr.ie .

Photo of Pádraig O'SullivanPádraig O'Sullivan (Cork North Central, Fianna Fail)
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328. To ask the Minister for Housing, Planning, and Local Government his views on the fact that the Office of the Planning Regulator has ignored two recent court judgements which found in favour of Cork County Council during the county development process; the engagement that he has had with the Office of the Planning Regulator in this regard; the advice that he received from the office in relation to this matter; and if he will make a statement on the matter. [53452/22]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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The Cork County Development Plan 2022 – 2028 was made by the elected members of Cork County Council on 25thApril 2022. In accordance with section 31AM(6) of the Planning and Development Act 2000 (as amended) (the Act) the Chief Executive of Cork County Council issued a notice to the Office of the Planning Regulator (OPR) informing the Office of where the planning authority had decided not to comply with recommendations made in the relevant report of the Office.

The Office considered this notice and issued a notice under section 31AM(8) of the Act to me, as Minister responsible, on 20thMay 2022 recommending that I exercise my function to take such steps to ensure that the plan sets out an overall strategy for the proper planning and sustainable development.

Minister O’Brien subsequently issued the notice of intention to direct to the Chief Executive of Cork County Council on 3rdJune 2022.

The subsequent process entailed the following steps:

- A 2 week public consultation began on the draft Direction on 17thJune which was open for submissions up to and including July 1st.

- No later than 4 weeks after the expiry of consultation period, the Chief Executive prepared a report on submissions received, which was submitted to the elected members, the Office and to me, as Minister responsible.

- The OPR then considered the Chief Executive’s report and submissions received and further recommended to me that the final Direction be issued on the Cork County Development Plan 2022 – 2028.

Following consideration of the OPR’s recommendation, the Section 31 Ministerial Direction process on the Cork County Development Plan 2022-2028 concluded on 28thSeptember 2022, when I issued a final Direction on the Plan to the Chief Executive of Cork County Council, pursuant to section 31 of the Act (a copy is available at gov.ie/en/publication/92562-cork-county-development-2022-2028/) The Direction did not issue on two of the recommendations made by the OPR relating to retail planning policy. When issuing this Final Direction, I also prepared and submitted a statement of reasons (SoR) to both Houses of the Oireachtas as to why I did not agree with two of the recommendations of the OPR. This statement of reasons (available here: assets.gov.ie/236951/455c3fa3-452d-43b1-bfdc-f2200812ede3.pdf ) outlines the circumstances and reasons why I did not proceed with those two recommendations.

As the Section 31 process relating to the Cork County Development Plan 2022-2028 has now concluded, I shall be making no further comment on the matter.

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