Thomas Pringle (Donegal, Independent)
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405. To ask the Minister for Housing, Planning, and Local Government the rationale, from a policy perspective, for issuing a directive to South Dublin County Council to reverse the ban on new data centre developments in its development plan; and if he will make a statement on the matter. [55143/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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It is important to note the role of the Office of the Planning Regulator (OPR) in the overall plan making process. One core function of the OPR is the independent assessment of all local authority and regional assembly statutory plans, including county and city development plans, local area plans (LAPs) and regional spatial and economic strategies (RSESs).

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.

Concerning South Dublin County Council, the above mentioned independent assessment process is taking place and has not yet concluded. Consequent to a recommendation made to me by the OPR under section 31AM(8) of the Planning and Development Act 2000 (as amended), I notified South Dublin County Council on 28^thJuly of my intention to issue a Direction (a draft of which was included in the notice) to South Dublin County Council to take certain measures specified in the notice in order to ensure that the South Dublin County Development Plan 2022-2028 is in compliance with the requirements of the Act. Information pertaining to this draft direction and subsequent responses from the Local Authority to the OPR are available at www.sdcc.ie/en/devplan2022/adopted-plan/draft-ministerial-direction1/. The public consultation period ran from 10th August to the 23rd August 2022.

The intention to issue a draft direction of 28^thJuly (including a statement of reasons) sets out the basis from a policy perspective for a revision, to ensure the Plan is in compliance with the requirements of the Act. In particular, the draft states that the Planning Authority is hereby directed to take the following steps concerning this topic, to:

- Amend the land use zoning objectives in tables 13.4, 13.8 and 13.10 to reinstate data centre use class as an ‘open for consideration’ use class in the REGEN, Enterprise & Employment (EE) and Major Retail Centre (MRC) zoning objectives.

The accompanying statement of reasons gave the policy basis for this draft direction, that:

1. Pursuant to section 31(1)(ba)(i) and section 31(1)(c), The Development Plan as made includes material amendments to the draft Plan, which are not consistent with national and regional planning policy and the proper planning and sustainable development of the area, including:

...

(b) Changes to land use zoning objectives for REGEN, Major Retail Centre and Enterprise and Employment (Material Amendments 13.1, 3 13.2 and 13.3) which make data centre use class a ‘not permitted’ use class across all zoning objectives in the Plan inconsistent with Regional Policy Objective 8.25 in the RSES for the EMRA which promotes Ireland as a sustainable international destination for ICT infrastructures such as data centres and associated economic activities at appropriate locations and lacks an appropriate evidential basis.

Subsequently, the Chief Executive of the Council issued a report dated 19 September 2022 on the submissions and observations made to the planning authority on this draft direction. The Office considered this notice and issued a notice under section 31AN(4) of the Act to me, as Minister responsible, on 10^thOctober 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 of the area.

I am currently considering its contents and recommendations. It is important to note that this process remains live and has not yet concluded and therefore it would not be appropriate to comment any further at this time.