Michael Fitzmaurice (Roscommon-Galway, Independent)
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386. To ask the Minister for Housing, Planning, and Local Government his views on whether Fingal County Council is currently in breach of statutory obligations under section 19 of the Planning and Development Act 2000, having failed to adopt Local Area Plans for multiple relevant urban areas since 2000; and if he will make a statement on the matter. [31636/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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387. To ask the Minister for Housing, Planning, and Local Government whether he has considered issuing a direction under section 31 of the Planning and Development Act 2000 to Fingal County Council for its repeated failure to adopt mandatory local area plans in urban centres with populations over 5,000, as confirmed by the High Court in Byrne v FCC & Ors [2025] IEHC 204; and if he will make a statement on the matter. [31637/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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388. To ask the Minister for Housing, Planning, and Local Government to clarify the current legal standing of planning permissions granted in North County Dublin in areas where local area plans have been statutorily required but not adopted since 2000, including whether such permissions are legally sound or open to challenge; and if he will make a statement on the matter. [31638/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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389. To ask the Minister for Housing, Planning, and Local Government whether county development plans adopted in the absence of required local area plans are legally valid; the advice issued to local authorities and An Bord Pleanála regarding zoning and planning in these circumstances; and if he will make a statement on the matter. [31639/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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390. To ask the Minister for Housing, Planning, and Local Government whether the absence of statutory local area plans in Fingal since 2000 constitutes a breach of Ireland’s obligations under Articles 6 and 7 of the Aarhus Convention and whether he has received legal advice on potential breaches of public participation rights; and if he will make a statement on the matter. [31640/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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391. To ask the Minister for Housing, Planning, and Local Government to confirm the number of local area plans currently in effect across all functional areas of Fingal County Council and what the Department’s plan is for bringing the county into compliance with the Planning and Development Act 2000; and if he will make a statement on the matter. [31641/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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392. To ask the Minister for Housing, Planning, and Local Government if his Department has carried out or commissioned any audit or review of systemic failures by Fingal County Council to prepare mandatory local area plans since the Planning and Development Act 2000 came into force; and if so, to publish its findings; and if he will make a statement on the matter. [31642/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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393. To ask the Minister for Housing, Planning, and Local Government whether he acknowledges that the Office of the Planning Regulator raised concerns during the preparation of the Fingal County Development Plan 2023–2029 regarding the absence of mandatory local area plans for settlements over 5,000 population; and if so, to clarify the reason no action was taken under section 31 of the Planning and Development Act 2000; whether the Minister informed the Oireachtas or the public that the issue had been resolved or did not arise; and if he will make a statement on the matter. [31643/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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394. To ask the Minister for Housing, Planning, and Local Government his views on whether the Office of the Planning Regulator who raised concerns during the preparation of the Fingal County Development Plan 2023–2029 regarding the absence of mandatory local area plans for settlements over 5,000 population, failed to exercise its statutory requirement to ensure the plans as made address the legislative and policy requirements as set out in the Planning and Development Act 2000; if so, to clarify whether the Minister was informed of this failure; and if he will make a statement on the matter. [31644/25]

Michael Fitzmaurice (Roscommon-Galway, Independent)
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395. To ask the Minister for Housing, Planning, and Local Government to confirm whether he or his Department has at any time represented in correspondence, Dáil statements, or other public forums that Fingal County Council was in compliance with its obligations under section 19 of the Planning and Development Act 2000 regarding local area plans, and if so, to clarify the factual basis for such representations in light of the High Court judgment in Byrne v FCC & Ors [2025] IEHC 204; and if he will make a statement on the matter. [31645/25]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 386, 387, 388, 389, 390, 391, 392, 393, 394 and 395 together.

The statutory provisions governing the preparation and adoption of Local Area Plans (LAPs) by planning authorities are primarily found in sections 18, 19 and 20 of the Planning and Development Act 2000 (as amended). The Act provides for the preparation of LAPs on both a discretionary and mandatory basis.

An LAP must be prepared in respect of an area which-

(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,

(ii) has a population in excess of 5,000, and

(iii) is situated within the functional area of a planning authority which is a city and county council or a county council.

An LAP is also required to be prepared in respect of a town with a population exceeding 1,500 persons unless the planning authority decides to indicate objectives for the town in its development plan, or a local area plan has already been made in respect of the town.

The act of making a LAP is a reserved function of the elected members of each local authority. In accordance with section 63(3) of the Local Government Act 2001, a local authority is independent in the performance of its functions and retains responsibility for complying with its statutory obligations.

Since its establishment in April 2019, the Office of the Planning Regulator (OPR) has had statutory responsibility for the evaluation and assessment of local authority plans in accordance with section 31P of the Planning and Development Act 2000. The OPR is independent in the performance of this function.

As part of its statutory function, the OPR 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 Act, where it considers that it is merited, the OPR may recommend that the Minister exercise his or her function to issue a Direction to ensure that a plan which is being prepared or amended sets out an overall strategy for proper planning and sustainable development.

The Minister is not empowered to issue a Direction to a planning authority without first having received a formal notice and recommendation from the OPR, and the OPR cannot issue a notice to the Minister in relation to a failure to prepare a plan generally, this remains a statutory obligation on the planning authority.

With respect to the preparation of the Fingal Development Plan 2023-2029, the OPR made three submissions to Fingal County Council at different stages of the plan-making process, as set out below.

• 12th May 2021 – OPR submission on the development plan’s pre-draft issues paper.
• 12th May 2022 – OPR submission on the draft development plan.
• 22nd December 2022 – OPR submission on the material alterations to the plan.

www.opr.ie/submissions-submitted-by-the-opr/

The Fingal Development Plan 2023 – 2029 was made by the elected members of Fingal County Council on 22nd February 2023. Pursuant to section 31AM(6) of the Act, the Council subsequently issued a notice to the OPR informing it of the recommendations that it had decided not to comply with.

Having considered the matters arising, the OPR proceeded to issue a notice to the Minister on 22nd March 2023 regarding the Fingal Development Plan.

The Minister of State for Local Government and Planning subsequently issued a notice of intention to issue a direction to the Chief Executive of Fingal County Council on 4th April 2023, and enclosed a draft Direction. Both of these documents may be viewed at the following link: www.opr.ie/recommendations-made-by-the-opr-to-the-minister/

The process leading to a decision to issue or not to issue a final Direction on a development plan includes a period of public consultation and detailed consideration of the issues arising, including the views of the elected members and the recommendation(s) of the local authority’s chief executive.

Following a public consultation held from 18th April 2023 to 2nd May 2023, the Chief Executive of Fingal County Council issued a report to the OPR and the Minister, dated 30th May 2023 on the submissions and observations made to the planning authority in relation to the draft Direction.

The OPR considered the Chief Executive’s report on submissions received, as well submissions made directly to it by the elected members, and on 19th June 2023 issued a notice to the Minister under section 31AN(4) of the Act setting out its consideration of the relevant matters and a recommendation that the Minister issue the Direction with minor amendments.

Following consideration of the OPR’s recommendation, the Direction process in respect of the Fingal Development Plan 2023-2029 concluded on 28th July 2023 when the Minister of State issued a final Direction on the Plan pursuant to section 31 of the 2000 Act.

A copy of the Direction, inclusive of a statement of reasons, and an accompanying letter to the Chief Executive of Fingal County Council may be viewed on the Department’s website at:www.gov.ie/en/publication/d678c-ministerial-direction-to-fingal-county-council-fingal-development-plan-2023-2029/.

Under section 31P(1)(e) of the 2000 Act, it is a statutory function of the Office of the Planning Regulator to conduct reviews of the performance by the Board and by planning authorities of their respective functions. The Office of the Planning Regulator is statutorily independent of the Minister under section 31R of the Planning and Development Act 2000. It would be inappropriate for me to express an opinion on specific concerns raised where such matters are subject to independent oversight by both the OPR.

Under section 50(2) of the Planning and Development Act 2000 a person shall not question the validity of any decision made or other act done by—(a) a planning authority, a local authority or the Board in the performance or purported performance of a function under this Act, (...) otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) (the "Order").

The section 31 Direction that issued to Fingal County Council is the subject of live judicial review proceedings before the High Court and therefore it would not be appropriate to comment further on this matter at this time. In addition, it would not be appropriate, noting Salient Rulings and Standing Orders, for me to comment on other judicial proceedings, or to express an opinion on or purport to interpret a matter of law, which is a judicial function.