Thomas Pringle (Donegal, Independent)
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559. To ask the Minister for Housing, Planning, and Local Government the engagement his Department has had with elected representatives on South Dublin County Council regarding the ministerial order to overturn the policy on data centres within that council's development plan; and if he will make a statement on the matter. [1640/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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In general, it should be noted that there is an established legislative process set out in the Planning and Development Act, 2000 (as amended) in relation to the review and adoption of a city or county development plan by a local authority, which is a reserved function of the elected members.

Since the establishment of the 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.

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, pursuant to section 31 of the Act, to ensure that plans are aligned with statutory requirements and best practice. All OPR submissions issued and recommendations to the Minister relating to Directions can be accessed via the website of the OPR at www.opr.ie/evaluation-of-statutory-plans-list/. It should be noted that there is no legislative provision for direct engagement between elected members and the Minister as part of the section 31 process.

Any observations and recommendations of the OPR which are made to the planning authority at each stage of the development plan review process, are copied to the Minister in accordance with Section 31AM(3)(b).

There is provision made within the Act for elected members to engage with the OPR during the consultation period of a draft Direction (Section 31(10)(a) of the Planning and Development Act 2000 (as amended) (the Act).

The South Dublin County Development Plan 2022 – 2028 was made by the elected members of South Dublin County Council on 22June 2022. In accordance with section 31AM(6) of the Act, the Chief Executive of South Dublin County Council issued a notice to the OPR to inform the Office where the planning authority had decided not to comply with recommendations made in the relevant report of the OPR.

The OPR considered this notice and issued a notice under section 31AM(8) of the Act to the Minister responsible, on 19July 2022 recommending that the Minister exercise his function to take such steps to ensure that the plan sets out an overall strategy for the proper planning and sustainable development.

The Minister subsequently issued the notice of intention to direct to the Chief Executive of South Dublin County Council on 28July 2022, copying the Cathaoirleach of the Council, the Office and the Director of the Eastern and Midland Regional Assembly.

The subsequent process entailed the following steps:

- A 2 week public consultation began on the draft Direction on 10August 2022 which was open for submissions up to and including 23 August 2022. Eight submissions were received directly to the Office from elected members during this time period, pursuant to section 31(10)(a) of the Act.

- Subsequently, the Chief Executive of the Council issued a report to the OPR and the Minister, dated 19 September 2022 on the submissions and observations made to the planning authority on this draft direction.

- The OPR then considered the Chief Executive’s report and submissions received, including those from the elected members, and issued notice to the Minister that included such consideration and recommended that the final Direction issue on the South Dublin County Development Plan 2022 – 2028.

Following consideration of the OPR’s recommendation, the Section 31 Ministerial Direction process on the South Dublin County Development Plan 2022-2028 concluded on 18 November 2022, when the Minister issued a final Direction on the Plan to the Chief Executive of South Dublin County Council, pursuant to section 31 of the Act, copying the Cathaoirleach of the Council, the Office and the Director of the Eastern and Midland Regional Assembly.

A copy is available at www.sdcc.ie/en/devplan2022/adopted-plan/final-ministers-direction/section-31-final-direction.pdf.

In accordance with section 31(18) of the Act, a copy of the Direction issued was laid before each House of the Oireachtas.

In summary, the issuing of the draft Direction and the issuing of the Final Direction, in accordance with Section 31 of the Act, comprised the direct engagement between the Department and the Minister with the Executive and Cathaoirleach of South Dublin County Council in relation to the Direction. The Section 31 process relating to the South Dublin County Development Plan 2022-2028 has now concluded.