Written answers

Tuesday, 18 April 2023

Department of Housing, Planning, and Local Government

Land Issues

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú)
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699. To ask the Minister for Housing, Planning, and Local Government the number of instances in each local authority in each of the past five years in which residential zoned land was later rezoned on the recommendation of the Office of the Planning Regulator; and the number of cases in which he issued a draft Ministerial direction to overrule any such decision undertaken by a local authority; his reason for doing so; and if he will make a statement on the matter. [16051/23]

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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751. To ask the Minister for Housing, Planning, and Local Government to set out in tabular form a list of all notices of intention to direct local authorities under Section 31 of the Planning and Development Act to amend their draft development plan or other plans with a brief summary of the direction; and to further to set out in tabular form all cases where a recommendation of the Office of the Planning Regulator for such a draft direction was not accepted by him, again providing a summary in each case including the issue, location and rationale. [16396/23]

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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I propose to take Questions Nos. 699 and 751 together.

The Minister is empowered under section 31 of the Planning and Development Act 2000 to direct a planning authority to take measures to ensure that its development plan complies with national or regional planning policy, upon receipt of a recommendation on the matter from the Office of the Planning Regulator (the Office).

The decision to issue or not to issue a Direction rests with the Minister, or the Minister of State where this function has been formally delegated. The process is informed by a period of public consultation and detailed assessment of the issues arising, including consideration of the views of the elected members and the recommendation(s) of the local authority’s chief executive.

Since its establishment in April 2019, the Office of the Planning Regulator has had responsibility for the evaluation and assessment of local authority development plans, and variations thereof. In the performance of this function the Office may make submissions to the relevant planning authority including such recommendations as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning functions.

In accordance with the requirements set out in section 31AM(8) of the Act, where merited, the Office may recommend that the Minister exercise his or her function to issue a Direction to ensure that the development plan, or the development plan as varied, sets out an overall strategy for proper planning and sustainable development. In such instances the Office issues a notice letter to the Minister setting out its recommendation.

The table below lists the local authorities where development plans or variations thereof, as the case may be, have been subject of a notice letter from the Office recommending that a notice of a proposed draft Direction, or a final Direction be issued. The table also lists the local authorities where the associated statutory processes have concluded and a final Ministerial Direction has issued.

It is worth noting that the Office keeps a regularly updated repository of this information on its website where documentation associated with each recommended Direction can be accessed: www.opr.ie/recommendations-made-by-the-opr-to-the-minister/

Local authority to which an OPR Notice Letter related Local authority to which a final Direction issued following an OPR recommendation
Local authority to which an OPR Notice Letter related Local authority to which a final Direction issued following an OPR recommendation
Clare County Council
Cork County Council Cork County Council
Cork City Council Cork City Council
Donegal County Council Donegal County Council
Dún Laoghaire-Rathdown County Council Dún Laoghaire-Rathdown County Council
Fingal County Council
Galway City Council
Galway County Council Galway County Council
Kerry County Council Kerry County Council
Kilkenny County Council
Laois County Council Laois County Council
Limerick City and County Council Limerick City and County Council
Mayo County Council Mayo County Council
Meath County Council Meath County Council
South Dublin County Council South Dublin County Council
Westmeath County Council Westmeath County Council
Wicklow County Council Wicklow County Council

Statutory processes remain ongoing in the case of four development plans and are yet to reach conclusion. In this regard the following link to a general overview of the Direction process on the Office’s website is provided, for the Deputy’s information:

www.opr.ie/directions-process/

On occasions where the Minister decides not to follow, either in full or in part, the recommendations made by the Office, in issuing either a draft or a final Direction, the Minister is required to prepare and submit a statement of reasons to both Houses of the Oireachtas and this information is available for review and the Deputy may wish to consult the Oireachtas Library for a record of these statements.

The Minister’s Direction and/or statement is also published on the Office of the Planning Regulator’s, and the Department’s respective websites.

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