PLANNING AND DEVELOPMENT ACT, 2000

• (r) particulars of any warning letter issued under section 152, including the date of issue of the letter and the fact of its withdrawal, if appropriate,

• (s) the complete decision made under section 153 on whether an enforcement notice should issue, including the date of the decision,

• F70[(sa) particulars of any enforcement notice issued under section 177O;]

• (t) particulars of any enforcement notice issued under section 154, including the date of the notice and the fact of its withdrawal or that it has been complied with, if appropriate,

• F71[(tt) particulars of any development referred to in section 179(4)(b),]

• (u) particulars of any statement prepared under section 188 concerning a claim for compensation under this Act,

• (v) particulars of any order under section 205 requiring the preservation of any tree or trees, including the fact of any amendment or revocation of the order,

• (w) particulars of any agreement under section 206 for the creation of a public right of way over land,

• (x) particulars of any public right of way created by order under section 207,

• F72[(xa) particulars of any decision of the Board under section 177K, or direction served under section 177J or 177L,]

• (y) particulars of any information relating to the operation of a quarry provided in accordance with section 261, and

• (z) any other matters as may be prescribed by the Minister.

• (3) The planning authority shall make the entries and corrections as soon as may be after the receipt of any application, the making of any decision or agreement or the issue of any letter, notice or statement, as appropriate.

• (4) The register shall incorporate a map for enabling a person to trace any entry in the register.

• (5) The planning authority may keep the information on the register, including the map incorporated under subsection (4), in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.

• (6)
• (a) The register shall be kept at the offices of the planning authority and shall be available for inspection during office hours.

• (b) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of the register.

• (7) Every document purporting to be a copy of an entry in a register maintained by a planning authority under this section and purporting to be certified by an officer of the planning authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he or she was such an officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

• (8) Evidence of an entry in a register under this section may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

• (9) Where an application is made to a planning authority for a copy under this section, the copy shall be issued to the applicant on payment by him or her to the planning authority of the specified fee in respect of each entry.

8. Obligation to give information to local authority.

8.—(1) A local authority may, for any purpose arising in relation to its functions under this Act or any other enactment, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or herself or for another, rent out of any structure or other land to state in writing to the authority, within a specified time not less than 2 weeks after being so required, particulars of the estate, interest, or right by virtue of which he or she occupies the structure or other land or receives the rent, as the case may be, and the name and address (so far as they are known to him or her) of every person who to his or her knowledge has any estate or interest in, or right over, or in respect of, the structure or other land.

• (2) Every person who is required under this section to state in writing any matter or thing to a local authority and either fails so to state the matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.

PART II Plans and Guidelines

Chapter I Development Plans

9. Obligation to make development plan.

9.—F73[…]

9A. F74[Modification to operation of section 9 of Act of 2000 having regard to Covid-19

9A.—F75[…]]

10. Content of development plans.

10.—F76[…]

11. Preparation of draft development plan.

11.—F77[…]

11A. F78[Extension of certain development plans and restriction of section 11

11A.—F79[…]]

11B. F80[Development plans for new administrative areas to be provided fo

11B.—F81[…]]

11C. F82[Development plans and dissolution of certain planning authorities

11C.—F83[…]]

11D. F84[Modification to operation of sections 11 and 11B of Act of 2000 having regard to Covid-19

11D.—F85[…]]

12. Making of development plan.

12.—F86[…]

13. Variation of development plan.

13.—F87[…]

14. Public rights of way in development plans.

14.—F88[…]

15. General duty of planning authority to secure objectives of development plan.

15.—F89[…]

16. Copies of development plans.

16.—F90[…]

17. Evidence of development plans.

17.—F91[…]

Chapter II Local Area Plans

18. Local area plans.

18.—F92[…]

19. Application and content of local area plans.

19.—F93[…]

20. Consultation and adoption of local area plans.

20.—F94[…]

F95[Chapter IIA National Planning Framework]

20A. F96[National Planning Framework

20A.—F97[…]]

20B. F98[Objective of National Planning Framework

20B.—F99[…]]

20C. F100[Matters to be addressed in National Planning Framework

20C.—F101[…]]

F102[Chapter III Regional Spatial and Economic Strategy]

21. F103[Power to make regional spatial and economic strategy

21.—F104[…]]

22. F105[Co-operation of planning authorities with regional assembly

22.—F106[…]]

22A. F107[Co-operation of public bodies with regional assemblies

22A.—F108[…]]

23. F109[Content and objectives of regional spatial and economic strategy

23.—F110[…]]

24. F111[Consultation regarding regional spatial and economic strategy

24.—F112[…]]

25. F113[Procedure for making regional spatial and economic strategy

25.—F114[…]]

25A. F115[Reports on regional spatial and economic strategy

25A.—F116[…]]

26. F117[Review of regional spatial and economic strategy

26.—F118[…]]

27. F119[Regional spatial and economic strategy and development plans

27.—F120[…]]

27A. F121[Report of regional assembly for preparation of draft development plan

27A.—F122[…]]

27B. F123[Role of regional assembly in making of development plan

27B.—F124[…]]

27C. F125[Role of regional assembly in variation of development plan

27C.—F126[…]]

27D. F127[Modification of role of regional assembly having regard to Covid-19

27D.—F128[…]]

Chapter IV Guidelines and Directives

28. Ministerial guidelines.

28.—F129[…]

29. Ministerial policy directives.

29.—(1) The Minister may, from time to time, issue policy directives to planning authorities regarding any of their functions under this Act and planning authorities shall comply with any such directives in the performance of their functions.

• (2) Where applicable, the Board shall also comply with any policy directives issued to planning authorities under subsection (1) in the performance of its functions.

• (3) The Minister may revoke or amend a policy directive issued under this section.

• (4) Where the Minister proposes to issue, amend or revoke a policy directive under this section, a draft of the directive, amendment or revocation shall be laid before both Houses of the Oireachtas and the policy directive shall not be issued, amended or revoked, as the case may be, until a resolution approving the issuing, amending or revocation of the policy directive has been passed by each House.

• (5) The Minister shall cause a copy of any policy directive issued under this section to be laid before each House of the Oireachtas.

• (6) A planning authority shall make available for inspection by members of the public any policy directive issued to it under this section.

• (7) The Minister shall publish or cause to be published, in such manner as he or she considers appropriate, policy directives issued under this section.

30. Limitation on Ministerial power.

F130[30.—(1) Notwithstanding section 28 or 29 and subject to subsection (2), the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned F131[save as provided for by sections 177X, 177Y, 177AB and 177AC].

• F132[(2) Subsection (1) shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020) or transferred (whether before or after the coming into operation of section 5 of the Planning and Development, Heritage and Broadcasting (Amendment) Act 2021) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939.]]

31. Ministerial directions regarding development plans.

F133[31.—(1) Where the Minister is of the opinion that—

• F134[(a) a planning authority, in making a development plan, a variation of a development plan, a local area plan or an amendment to a local area plan (in this section referred to as a "plan") has failed to—

• (i) implement a recommendation made to the planning authority by—

• (I) the Minister under section 12, 13 or 20, or

• (II) the Office of the Planning Regulator under section 31AM or 31AO,

or

• (ii) take account of any submission or observation made to the planning authority by—

• (I) the Minister under section 12, 13 or 20, or

• (II) the Office of the Planning Regulator under section 31AM or 31AO,]

• (b) in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area,

• F135[(ba) a plan is not consistent with—

• (i) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, F136[…]

• F137[(ia) the National Marine Planning Framework, or]

• (ii) specific planning policy requirements specified in guidelines issued by the Minister under subsection (1) of section 28,]

• (c) the plan is not in compliance with the requirements of this Act, or

• (d) if applicable, having received a submission prepared under section 31C or 31D (inserted by section 95 of the Act of 2008) that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority,

F138[then, subject to compliance with the relevant provisions of sections 31AM and 31AN or sections 31AO and 31AP, as the case may be, the Minister may] in accordance with this section, for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.

• (2) Where the Minister issues a direction under this section the planning authority, notwithstanding anything contained in Chapter I or II of this Part, shall comply with that direction and the F139[chief executive] or elected members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.

• F138[(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a plan is made, issue a notice in writing to a planning authority consequent on a recommendation being made to him or her by the Office of the Planning Regulator under F140[section 31AM(8) or 31AO(7)], as the case may be.]

• (4) The notice referred to in subsection (3) shall, for stated reasons, inform the planning authority of—

• (a) the forming of the opinion referred to in subsection (1),

• (b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the planning authority to take certain measures specified in the notice in order to ensure that the plan is in compliance with the requirements of this Act and F141[…] sets out an overall strategy for the proper planning and sustainable development of the area,

• (c) those parts of the plan that by virtue of the issuing of the notice under this subsection shall be taken not to have come into effect, been made or amended under subsection (6), and

• (d) if applicable, requiring the planning authority to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the Dublin Transport Authority.

• F138[(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—

• (a) to the chief executive and to the Cathaoirleach of the planning authority concerned,

• (b) where there is a regional spatial and economic strategy in force for the area of the planning authority, to the director of the regional assembly concerned,

• (c) where it concerns any matter to which Part IIB relates, to the Office of the Planning Regulator, and

• (d) where relevant, to the National Transport Authority.]

• (6)
• (a) Notwithstanding section 12(17), 13(11) or 20(4A), a plan shall not have effect in accordance with those sections in relation to a matter contained in the plan which is referred to in a notice under subsection (3).

• (b) If a part of a plan proposed to be replaced under section 12, 13 or 20 contains a matter that corresponds to any matter contained in that plan which is referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.

• (7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the F139[chief executive] of the planning authority shall publish notice of the draft direction in at least one newspaper circulating in the area of the development plan or local area plan, as the case may be, which shall state—

• (a) the reasons for the draft direction,

• (b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and

• F138[(c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.]

• F138[(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the chief executive shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator F142[, the Minister and, where relevant, the regional assembly concerned].]

• (9) The report referred to in subsection (8) shall—

• (a) summarise the views of any person who made submissions or observations to the planning authority,

• (b) summarise the views of and recommendations (if any) made by the elected members of the planning authority,

• (c) summarise the views of and recommendations (if any) made by the F143[regional assembly],

• (d) make recommendations in relation to the best manner in which to give effect to the draft direction.

• F138[(10) In relation to the notice issued by the Minister under subsection (3), the elected members of the planning authority—

• (a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and

• (b) where so submitted, shall send a copy of it to the Minister.]

• (11) F144[…]

• (12) F144[…]

• (13) F144[…]

• (14) F144[…]

• (15) F144[…]

• F145[(16) Where paragraph (a) of section 31AN(4A), paragraph (a) or (c) of section 31AN(9), paragraph (a) of section 31AP(4A) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.]

• (17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the plan, or, if appropriate, to constitute the plan.

• (18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.

• (19) As soon as may be after a direction is issued to a planning authority under subsection (16), the planning authority shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.

• F138[(20) The Minister shall—

• (a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and

• (b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).]]

31A. F147[Ministerial directions regarding regional planning strategy.

31A.—F148[…]]

PART IIA DTA and Land Use Provisions.

31B. DTA role in preparation of draft development plan.

31B.—(1) Where a notice is received by the DTA under section 11(2) it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in the review of its existing development plan and the preparation of a new development plan.

• (2) The report under subsection (1) shall address, but shall not be limited to—

• (a) the transport investment priorities for the period of the development plan,

• (b) the scope, if any, to maximise the performance of the transport system by effective land use planning,

• (c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

• (d) recommendations on the matters to be addressed in the development plan to ensure the effective integration of transport and land use planning. ]

31C. F150[ DTA role in making of development plan.

31C.—(1) Where a notice is received by the DTA under section 12(1) it shall, as part of any written submission on the draft development plan, state whether, in its view, the draft development plan is—

• (a) consistent with its transport strategy, or

• (b) not consistent with its transport strategy and in such case what amendments to the draft plan it considers necessary to achieve such consistency.

• (2) The DTA shall send copies of a submission prepared under this section to the Minister and the Minister for Transport. ]

31D. F151[ DTA role in variation of development plan.

31D.—(1) Where a notice is received by the DTA under section 13(2) it shall, as part of any written submission on the proposed variation, state whether, in its view, the proposed variation is—

• (a) consistent with its transport strategy, or

• (b) not consistent with its transport strategy and in such case what amendments to the proposed variation it considers necessary to achieve such consistency.

• (2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport. ]

31E. F152[DTA role in the making, amending or revoking of local area plans by planning authorities.

31E.—(1) Where a notice is received by the DTA under section 20(3)(a)(i), it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in making, amending or revoking a local area plan.

• (2) The report under subsection (1) shall address, but shall not be limited to—

• (a) the transport investment priorities for the period of the local area plan,

• (b) the scope, if any, to maximise the performance of the transport system by effective land use planning,

• (c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

• (d) recommendations on the matters to be addressed in the local area plan to ensure the effective integration of transport and land use planning.]

31F. F153[Co-operation of DTA with regional authorities.

31F.—F154[…]]

31FF. F155[Co-operation and further provisions relating to regional spatial and economic strategy

31FF.—F156[…]]

31G. F157[DTA role in preparation of draft regional planning guidelines.

31G.—F158[…]]

31GG. F159[NTA submission

31GG.—F160[…]]

31H. F161[Request by DTA for Minister to issue guidelines or policy directives.

31H.—The DTA may, in relation to its functions, request the Minister to issue guidelines under section 28 or a policy directive under section 29 to a planning authority within the GDA.]

31I. F163[Requirement for transport impact assessment for certain classes of development.

31I.— (1) The Minister may, in respect of the GDA and following consultation with the DTA, make regulations specifying—

• (a) classes of development, including strategic infrastructure development, requiring the submission of a transport impact assessment in respect of applications for development, and

• (b) the format and content of a transport impact assessment.

• (2) Regulations under subsection (1) may require that a transport impact assessment demonstrate that the proposed development in respect of which the assessment has been prepared would be consistent with the transport strategy of the DTA.

• (3) Before granting permission for a development which requires a transport impact assessment under regulations made under subsection (1), a planning authority shall satisfy itself that the applicant has demonstrated that the proposed development would be consistent with the transport strategy of the DTA.

• (4) In this section "transport impact assessment" means a report outlining what additional transport impacts a particular proposed development will generate and how it will integrate into existing transport patterns.]

31J. F164[Transport strategy and planning process.

31J.—In any case in the GDA where—

• F165[(a) a planning or local authority, a regional assembly, State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or]

• (b) a planning authority or An Bord Pleanála is carrying out any relevant function under any other Act,

the transport strategy of the DTA shall be a consideration material to the proper planning and sustainable development of the area or areas in question.]

F166[PART IIB Office of the Planning Regulator]

F167[Chapter I Preliminary and General (Part IIB)]

31K. F168[Definitions (Part IIB)

31K.—In this Part—

"establishment day" means the day appointed by order under section 31L to be the establishment day for the purposes of this Part;

"Office" means the Office of the Planning Regulator established under Chapter II;

"Planning Regulator" means the person appointed under section 31N as the Planning Regulator.]

F169[Chapter II Establishment, Organisation, Staffing etc.]

31L. F170[Establishment of Office of the Planning Regulator

31L.—F171[…]]

31M. F172[Office of the Planning Regulator

31M.—F173[…]]

31N. F174[Planning Regulator

31N.—F175[…]]

31O. F176[Seal of Planning Regulator

31O.—F177[…]]

31P. F178[Functions of Office

31P.—(1) The functions of the Office are—

• (a) to evaluate and assess—

• (i) development plans, including draft development plans,

• (ii) variations of development plans, including proposed variations,

• (iii) local area plans, including the amendment or revocation of such plans, and

• (iv) regional spatial and economic strategies,

during their preparation and making under Chapters I to III of Part II in order for the Office to provide observations and recommendations to planning authorities and regional assemblies, as appropriate, on those plans and strategies,

• (b) in respect of any plan or strategy to which paragraph (a) relates, to inform the Minister if, in the opinion of the Office, any such plan or strategy is not consistent with its observations and recommendations, especially where, in its opinion, failure to be so consistent would affect the overall strategy for proper planning and sustainable development of the area concerned,

• (c) F179[…]

• (d) F179[…]

• (e) F179[…]

• (f) F179[…]

• (g) F179[…]

• (h) F179[…]

• (i) F179[…]

• (j) F179[…]

• (2) F179[…]

• (3) In performing its functions, the Office shall take account of the objective of contributing to proper planning and sustainable development and the optimal functioning of planning under the Planning and Development Acts 2000 to 2018.]

31Q. F180[Education, training and research functions

31Q.—F181[…]]

31R. F182[Performance of functions by Office

31R.—F183[…]]

31S. F184[Office to have regard to certain policies and objectives and to requirements

31S.—F185[…]]

31T. F186[Corporate strategy of Office

31T.—(1) The Planning Regulator shall prepare a strategy statement for the Office within 6 months of its establishment and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 6 years following the establishment day.

• (2) The strategy statement shall be prepared on the basis of an organisational wide strategic approach encompassing the functions and principal activities of the Office and shall include:

• (a) a statement setting out the approach taken in respect of each of the Office’s functions referred to in section 31P;

• (b) a statement of the principal activities of the Office;

• (c) the objectives and priorities for each of the principal activities and strategies for achieving those objectives;

• (d) the manner in which the Office proposes to assess its performance in respect of each such activity, taking account of indicators which shall be identified by the Office and of the need to work towards best practice in service delivery and in the general operation of the Office;

• (e) human resources activities (including training and development) to be undertaken for the staff of the Office;

• (f) the organisational structure of the Office, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the strategy statement; and

• (g) such other matters as the Planning Regulator considers necessary.

• (3) Within 3 months of the preparation of the statement of strategy for the purposes of subsection (1), the Office shall cause copies of it to be submitted to the Minister and laid before each House of the Oireachtas.

• (4) In this section "principal activities" includes the following:

• (a) any observations and recommendations issued in respect of—

• (i) the review of development plans,

• (ii) variations of development plans,

• (iii) the preparation and amendment of local area plans, and

• (iv) the preparation of regional spatial and economic strategies;

• (b) any plans and strategies made in a manner consistent with the observations and recommendations referred to in paragraph (a);

• (c) any recommendations issued by the Office to the Minister that the Minister uses his or her powers of direction under section 31 or 31A as regards—

• (i) the review of a development plan,

• (ii) variations of development plans,

• (iii) the preparation and amendment of local area plans, and

• (iv) the preparation of a regional spatial and economic strategy;

• (d) any directions issued in a manner consistent with the recommendations of the Planning Regulator;

• (e) the research, education and training conducted;

• (f) the reviews undertaken of the performance of planning functions of planning authorities and the Board.]

31U. F187[Monitoring of performance of Office

31U.—F188[…]]

31V. F189[Consultation between Minister and Planning Regulator

31V.—F190[…]]

31W. F191[Appointment and term of office of Planning Regulator

31W.—F192[…]]

31X. F193[Transitional provisions relating to Office

31X.—F194[…]]

31Y. F195[Resignation and removal of Regulator

31Y.—F196[…]]

31Z. F197[Directors

31Z.—F198[…]]

31AA. F199[Staff of Office

31AA.—F200[…]]

31AB. F201[Membership of either House of Oireachtas, European Parliament or local authority

31AB.—F202[…]]

31AC. F203[Members of staff of Office to be civil servants

31AC.—F204[…]]

31AD. F205[Prohibition on disclosure of information relating to functions of Office

31AD.—F206[…]]

31AE. F207[Liability of Planning Regulator or member of staff for acts and omissions

31AE.—Neither—

• (a) the Planning Regulator or a former Planning Regulator, nor

• (b) a present or former member of the staff of the Office,

is liable for damages for anything done, anything purported to be done or anything omitted to be done by him or her in performing a function under this Act, unless the act or omission is shown to have been done in bad faith.]

31AF. F208[Grants to Office

31AF.—F209[…]]

31AG. F210[Accounts and audits of Office

31AG.—F211[…]]

31AH. F212[Annual report of Office

31AH.—F213[…]]

31AI. F214[Provision of services and resources by Minister to Office

31AI.—F215[…]]

31AJ. F216[Service providers

31AJ.—F217[…]

• (2) The Office shall include in each report made under section 31AH a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.]

31AK. F218[Fees payable to Office

31AK.—F219[…]]

31AL. F220[Code of conduct

31AL.—F221[…]]

F222[Chapter III Evaluation and assessment carried out by Office of the Planning Regulator]

31AM. F223[Evaluation and assessment by Office of matters relating to development plans

31AM.—(1) The Office shall evaluate and assess, at least at a strategic level—

• (a) a notice given under subsection (2) of section 11 by a planning authority to the Office for the purposes of that section of the intention of the planning authority to review its existing development plan,

• (b) a notice and a copy of the draft development plan sent to the Office under subsection (1)(a) of section 12 by the planning authority concerned for the purpose of that section,

• (c) a notice given under section 12(5)(aa) by the planning authority concerned to the Office in respect of a draft development plan,

• (d) a notice given to the Office by a planning authority under section 12(7)(a), together with the proposed amendment that would, if made, be a material alteration of the draft development plan concerned,

• (e) a notice sent together with the copy of any proposed variation of the development plan concerned sent to the Office under subsection (2)(a) of section 13 by the planning authority concerned for the purpose of thatsection,

• (f) a notice given under section 13(5)(aa) by the planning authority concerned to the Office in respect of a proposed variation of a development plan,

and the Office may make such observations or submissions for the purposes of the relevant provision.

• (2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to development plans as follows:

• (a) matters generally within the scope of section 10 and, in particular, subsection (2)(n) of that section in relation to climate change;

• (b) F225[consistency of the development plan with the National Planning Framework] (or, where appropriate, the National Spatial Strategy) F226[and the National Marine Planning Framework] and regional spatial and economic strategies;

• (c) relevant guidelines for planning authorities made under section 28, including the consistency of development plans with any specific planning policy requirements specified in those guidelines;

• (d) policy directives issued under section 29;

• (e) such other legislative and policy matters as the Minister may communicate to the Office in writing, the effect of which shall be published on the website of the Office.

• (3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall—

• (a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments 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, and

• (b) send to the Minister a copy of any such observations or submissions, together with any recommendations made.

• (4) The report of the chief executive of the planning authority prepared for the elected members under—

• (a) section 11(4), in respect of the preparation of a new development plan,

• (b) subsection (4) or (8) of section 12 in respect of a draft development plan, or

• (c) section 13(4) in respect of a variation of a development plan,

shall—

• (i) summarise the issues raised in the observations or submissions, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1),

• (ii) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and

• (iii) make the report available on the website of the planning authority as soon as practicable following submission to the members of the authority.

• (5) A regional assembly shall send to the Office, a copy of—

• (a) any observation or submissions, including recommendations, it makes to a planning authority under section 27A(1) in respect of the review of an existing development plan,

• (b) any observation or submissions, including recommendations, it makes to a planning authority under section 27B(1) in respect of a draft development plan,

• (c) any observation or submissions, including recommendations, it makes to a planning authority under section 27C(1) in respect of a proposed variation F225[of a development plan].

• (6) A planning authority shall notify the Office within 5 working days of the making of a development plan or a variation to a development plan and send a copy of the written statement and maps as duly made and where the planning authority—

• (a) decides not to comply with any recommendations made in the relevant report of the Office, or

• (b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office,

then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority.

• (7) Where paragraph (a) or (b) of subsection (6) applies, the Office shall consider whether or not the development plan as made, or the variation of it, by the planning authority is, in the Office’s opinion, consistent with any recommendations made by the Office.

• (8) Where subsequent to any consideration for the purposes of subsection (7), the Office is of the opinion that—

• (a) the development plan or the variation of it, as the case may be, has not been made in a manner consistent with the recommendations of the Office,

• (b) that the decision of the planning authority concerned results in the making of a development plan, or its variation, in a manner that fails to set out an overall strategy for the proper planning and sustainable development of the area concerned, and

• (c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited,

then the Office shall issue, no later than 4 weeks after the development plan or the variation to the development plan is made, a notice to the Minister containing—

• (i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the development plan, or the development plan as varied by the planning authority, sets out an overall strategy for proper planning and sustainable development, and

• (ii) a proposed draft of a direction to which paragraph (c) would relate.

• (9) A copy of the notice issued to the Minister under subsection (8) shall be made available by the Office on its website.]

• F227[(9A) During the period beginning on the date on which section 6 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023—

• (a) subsection (1) shall be construed and have effect as if the following paragraph were inserted after paragraph (a):

• "(aa) a notice given under section 11D(3) by a planning authority to the Office for the purposes of that section of the intention of the planning authority to extend the duration of its existing development plan,",

• (b) subsection (4) shall be construed and have effect as if the following paragraph were inserted after paragraph (a):

• "(aa) section 11D(5), in respect of an extension of the duration of an existing development plan,", and

• (c) subsection (5) shall be construed and have effect as if the following paragraph were inserted after paragraph (c):

• "(d) any observations or submissions it makes to a planning authority under section 27D(2) in respect of the extension of the duration of an existing development plan.".]

31AN. F228[Consequential provisions to section 31AM

31AN.——(1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AM and—

• (a) where the Minister agrees with that notice, then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or

• (b) where the Minister does not so agree with the Office, then the Minister shall—

• (i) prepare a statement in writing of his or her reasons for not agreeing,

• (ii) cause that statement to be laid before each House of the Oireachtas, and

• (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government.

• F230[(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

• (3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section—

• (a) the notice shall specify that the report of the chief executive on the submissions on the draft direction shall be made to the Office, and

• (b) the chief executive shall act accordingly.

• F230[(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—

• (a) recommend to the Minister that he or she issue the direction with or without minor amendments, or

• (b) for stated reasons, where the Office is of the opinion that—

• (i) a material amendment to the draft direction may be required,

• (ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or

• (iii) it is necessary for any other reason,

appoint a person to be an inspector.]

• F231[(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—

• (a) where the Minister agrees with the recommendation, the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or

• (b) where the Minister does not so agree with the recommendation, then the Minister shall—

• (i) prepare a statement in writing of his or her reasons for not agreeing,

• (ii) cause that statement to be laid before each House of the Oireachtas, and

• (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

• (4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

• (5) An inspector appointed under subsection (4) shall—

• (a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and

• (b) be independent in the performance of those functions.

• (6) The inspector—

• (a) shall review the draft direction, the report of the chief executive furnished and any submissions made,

• (b) shall consult with the chief executive and elected members of the planning authority,

• (c) may consult with the regional assembly and persons who made submissions, and

• (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.

• (7) Copies of the report of the inspector under subsection (6) shall—

• (a) be furnished without delay by the Office to the chief executive F232[and the Cathaoirleach of the planning authority] and, where relevant, to the regional assembly, and

• (b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.

• (8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—

• (a) where subsection (7)(a) applies, the report was furnished to him or her, or

• (b) where subsection (7)(b) applies, the report was made available to him or her.

• (9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—

• (a) to issue the direction,

• (b) not to issue the direction, or

• (c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:

• (i) recommendations contained in the report of the inspector;

• (ii) any submissions made,

and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments.

• F232[(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—

• (a) prepare a statement in writing of his or her reasons for not agreeing,

• (b) cause that statement to be laid before each House of the Oireachtas, and

• (c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

• (9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

• (10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority.

• (11) From the adoption of a development plan—

• (a) such provisions as—

• (i) are required to be included in a development plan by virtue of a direction issued by the Minister under section 31, and

• (ii) are not so included,

shall be deemed to be included in that development plan, and

• (b) such provisions of the development plan as do not comply with a direction so issued shall be deemed not to be included in that development plan.

• (12) F233[…]

• (13) F233[…]

• (14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website.

• (15) F233[…]

• (16)
• (a) Where the giving of a direction by the Minister in accordance with F234[subsection (4A) or (9)] 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 Office under that subsection—

• (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 Office, the Board and the prescribed authorities.

• (b) The Minister shall, before giving a direction in accordance with F234[subsection (4A) or (9)]), 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.

• (c) Where the Minister makes a determination under paragraph (b) that 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, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan concerned.

• (d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the development plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—

• (i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and

• (ii) on the internet website of the Minister and the internet website of the planning authority concerned.

• (e) A notice to which paragraph (c) applies shall—

• (i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with F234[subsection (4A) or (9)],

• (ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the development plan concerned will be made available for inspection by members of the public,

• (iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned,

• (iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and

• (v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with F234[subsection (4A) or (9)].

• (f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the development plan within the period determined by the Minister in accordance with paragraph (b).

• (g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.

• (h) A report under paragraph (g) shall—

• (i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),

• (ii) provide a summary of those submissions and observations, and

• (iii) set out the response of the Minister to those submissions and observations.

• (i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:

• (i) the proper planning and sustainable development of the area to which the proposed development plan is intended to apply,

• (ii) the duties under statute of the local authority within whose administrative area the proposed development plan is intended to apply,

• (iii) the necessity of ensuring that the proposed development plan will be consistent with—

• (I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy,

• (II) specific planning policy requirements specified in guidelines under section 28(1), and

• (III) policies or objectives for the time being of the Government or of any Minister of the Government.]

31AO. F235[Evaluation and assessment by Office of matters relating to local area plans

31AO.—(1) The Office shall evaluate and assess, at least at a strategic level—

• (a) a notice given under subsection (3)(a)(i) of section 20 by a planning authority to that Office of a proposal to make, amend or revoke a local area plan for the purposes of that section,

• (b) a notice sent to that Office under subsection (3)(e) of section 20 by a planning authority relating to a material alteration to a local area plan (including, where sent, a copy of the proposed material alteration) for the purposes of that section,

and the Office may make such submissions or observations, recommendations or reports as provided for by the relevant provision.

• (2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to the following:

• (a) matters generally within the scope of section 19;

• (b) consistency with the objectives of the relevant development plan, its core strategy, any regional spatial and economic strategy that applies to the area and the transport strategy of the National Transport Authority;

• (c) relevant guidelines for planning authorities made under section 28;

• (d) policy directives issued under section 29;

• (e) such other matters as the Minister may prescribe under section 262 or otherwise prescribe.

• (3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall—

• (a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments 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, and

• (b) send to the Minister a copy of any such observations or submissions, together with any recommendations made.

• (4) The report of the chief executive of the planning authority prepared for the elected members under section 20, in respect of the preparation, amendment or revocation of a local area plan, shall—

• (a) summarise the issues raised in the submissions or observations, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1),

• (b) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and

• (c) make the report available on the website of the planning authority following the decision of the elected members.

• (5) A planning authority shall notify the Office within 5 working days of the making of a local area plan or an amendment to a local area plan and send a copy of the written statement and maps as made and where the planning authority—

• (a) decides not to comply with any recommendations made in the relevant report of the Office, or

• (b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office,

then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority.

• (6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the local area plan as made, amended or revoked by the planning authority is, in the opinion of the Office, consistent with any recommendations made by the Office.

• (7) Where subsequent to any consideration for the purposes of subsection (6), the Office is of the opinion that—

• (a) the local area plan has not been made, amended or revoked, as the case may be, in a manner consistent with the recommendations of the Office,

• (b) that the decision of the planning authority concerned results in the making of a local area plan, or its amendment or revocation, as the case may be, in a manner that is inconsistent with the development plan of the area concerned, and

• (c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited,

then the Office shall issue, no later than 4 weeks after the local area plan has been made, amended or revoked, as the case may be, a notice to the Minister containing—

• (i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the local area plan, or the local area plan F237[as amended by the planning authority], sets out an overall strategy for proper planning and sustainable development, and

• (ii) a proposed draft of a direction to which paragraph (c) would relate.

• (8) A copy of the notice issued to the Minister under subsection (7) shall be made available by the Office on its website.]

31AP. F238[Consequential provisions to section 31AO

31AP.—(1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AO, and—

• (a) where the Minister agrees with that notice then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or

• (b) where the Minister does not so agree with the Office, then the Minister shall—

• (i) prepare a statement in writing of his or her reasons for not agreeing,

• (ii) cause that statement to be laid before each House of the Oireachtas, and

• (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government.

• (2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the planning authority concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.

• (3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section—

• (a) the notice shall specify that the chief executive’s report on the submissions on the draft direction shall be made to the Office, and

• (b) the chief executive shall act accordingly.

• F239[(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—

• (a) recommend to the Minister that he or she issue the direction with or without minor amendments, or

• (b) for stated reasons, where the Office is of the opinion that—

• (i) a material amendment to the draft direction may be required,

• (ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or

• (iii) it is necessary for any other reason,

appoint a person to be an inspector.]

• F240[(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—

• (a) where the Minister agrees with the recommendation, then the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or

• (b) where the Minister does not so agree with the recommendation, then the Minister shall—

• (i) prepare a statement in writing of his or her reasons for not agreeing,

• (ii) cause that statement to be laid before each House of the Oireachtas, and

• (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

• (4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

• (5) An inspector appointed under subsection (4) shall—

• (a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and

• (b) be independent in the performance of those functions.

• (6) The inspector—

• (a) shall review the draft direction, the report of the chief executive furnished and any submissions made,

• (b) shall consult with the chief executive and elected members of the planning authority,

• (c) may consult with the regional assembly and persons who made submissions, and

• (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.

• (7) Copies of the report of the inspector under subsection (6) shall—

• (a) without delay be furnished by the Office to the chief executive F241[and the Cathaoirleach of the planning authority] and, where relevant, to the regional assembly, and

• (b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.

• (8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—

• (a) where subsection (7)(a) applies, the report was furnished to him or her, or

• (b) where subsection (7)(b) applies, the report was made available to him or her.

• (9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—

• (a) to issue the direction,

• (b) not to issue the direction, or

• (c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:

• (i) recommendations contained in the report of the inspector;

• (ii) any submissions made,

and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments.

• F242[(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—

• (a) prepare a statement in writing of his or her reasons for not agreeing,

• (b) cause that statement to be laid before each House of the Oireachtas, and

• (c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

• (9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

• (10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority.

• (11) From the adoption of a local area plan—

• (a) such provisions as—

• (i) are required to be included in the local area plan by virtue of a direction issued by the Minister under section 31, and

• (ii) are not so included,

shall be deemed to be included in that local area plan, and

• (b) such provisions of the local area plan as do not comply with a direction so issued shall be deemed not to be included in that local area plan.

• (12) F243[…]

• (13) F243[…]

• (14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website.

• (15) F243[…]

• (16)
• (a) Where the giving of a direction by the Minister in accordance with F244[subsection (4A) or (9)] would require the making of a material alteration to a local area plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection—

• (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 local area plan, and

• (ii) send a copy of that notice to the planning authority concerned, the regional assembly, the Office, the Board and the prescribed authorities.

• (b) The Minister shall, before giving a direction in accordance with F244[subsection (4A) or (9)], 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 local area 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.

• (c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan concerned.

• (d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the local area plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—

• (i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and

• (ii) on the internet website of the Minister and the internet website of the planning authority concerned.

• (e) A notice to which paragraph (c) applies shall—

• (i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with F244[subsection (4A) or (9)],

• (ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the local area plan concerned will be made available for inspection by members of the public,

• (iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned,

• (iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and

• (v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with F244[subsection (4A) or (9)].

• (f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the local area plan within the period determined by the Minister in accordance with paragraph (b).

• (g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.

• (h) A report under paragraph (g) shall—

• (i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),

• (ii) provide a summary of those submissions and observations, and

• (iii) set out the response of the Minister to those submissions and observations.

• (i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:

• (i) the proper planning and sustainable development of the area to which the proposed local area plan is intended to apply,

• (ii) the duties under statute of the local authority within whose administrative area the proposed local area plan is intended to apply,

• (iii) the necessity of ensuring that the proposed local area plan will be consistent with—

• (I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy,

• (II) specific planning policy requirements specified in guidelines under section 28(1), and

• (III) policies or objectives for the time being of the Government or of any Minister of the Government.]