Eamon Scanlon (Sligo-Leitrim, Fianna Fail)
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300. To ask the Minister for Housing, Planning, and Local Government if he will provide a detailed outline of the strategic environmental assessment (SEA) process that can be undertaken between the drafting of a draft Ministerial Direction following recommendations from the Office of the Planning Regulator and the preparation and publication of the corresponding final Ministerial direction; the criteria by which it is determined that an SEA is required; who makes such a determination; the step by step approach undertaken in carrying out an SEA; the statutory timeframes set out within legislation or statutory instruments for the completion of same; who specifically carries out this work; and if he will make a statement on the matter. [53339/25]

John Cummins (Waterford, Fine Gael)
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Section 31 of the Planning and Development Act 2000 empowers the Minister to direct a planning authority to take such measures as he or she may require to ensure that its development plan complies with the requirements of the Act. The statutory procedures governing the issuing of ministerial directions are found in sections 31, 31AM and 31AN of the Planning Act 2000, and the provisions specifically governing Strategic Environmental Assessment (SEA) are found in section 31AN(16).

The power to issue a direction is conditional on the Minister first receiving a formal recommendation on the matter from the Office of the Planning Regulator (OPR) and thereafter forming the opinion that one or more of the criteria set out in section 31(1) of the Planning Act apply. These matters include, but are not limited to, where a plan fails to set out an overall strategy for the proper planning and sustainable development of the area, or a plan is not consistent with the objectives of the National Planning Framework (NPF) and the Regional Spatial and Economic Strategy (RSES).

Since its establishment in April 2019, the OPR has had statutory responsibility for the evaluation and assessment of local authority plans in accordance with section 31P of the Act. The Office is statutorily independent of the Minister in the performance of this function pursuant to section 31R of the Act.

In the exercise of its plan evaluation 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 function.

In accordance with the provisions of section 31AM(8) of 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 a planning authority in relation to a development plan. In such instances, the OPR issues a notice letter to the Minister setting out its recommendation.

The Minister considers the recommendation of the OPR in accordance with section 31AN(1) of the Act and where the Minister agrees, he or she proceeds to issue a draft Direction to the planning authority concerned.

The draft Direction is made available for public inspection by the relevant planning authority and the Local Authority Chief Executive subsequently prepares a report on any submissions received. The OPR considers the Chief Executive’s report, in addition to any submissions received directly from the elected members, before issuing a notice to the Minister under section 31AN(4). If applicable, this provision also provides for the potential to appoint an inspector.

Where the OPR recommend that the direction be issued, the Minister considers this recommendation in accordance with section 31AN(4A) of the Act, subject to section 31AN(16), which addresses Strategic Environmental Assessment. The need to consider Strategic Environmental Assessment in the context of a Ministerial Direction arises only where the giving of a Direction would require a material alteration to the development plan, in accordance with the following provisions of the Act:

Section 31AN(16)(a) provides that where the giving of a direction by the Minister would require the making of a material alteration to a development plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the OPR:

(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan, and

(ii) send a copy of that notice to the planning authority concerned, the regional assembly concerned, the OPR, An Coimisiún Pleanála and the prescribed authorities.

Section 31AN(16)(b) of the Act requires that the Minister shall, before giving a direction, determine:

(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, and

(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment.

The statutory process thereafter depends on the determination reached, and the applicable provisions are set out in paragraphs (c) to (i) of section 31AN(16).

In my Department, screening for SEA is undertaken by a qualified person with the requisite skills and expertise to carry out this function. The SEA Directive also outlines, at Annex II, the criteria to be taken into account when determining whether a plan is likely to have significant effects on the environment.