Local Government Reform Act 2014

“Chapter III

Regional Spatial and Economic Strategy

Power to make regional spatial and economic strategy

1. (1) A regional assembly—

2. (a) may make a regional spatial and economic strategy—

   • (i) after consultation with the planning authorities within its region, or

   • (ii) in the case of the regional assemblies in respect of the GDA, after consultation with the planning authorities within their regions and the NTA,

   or

3. (b) shall make a regional spatial and economic strategy, at the direction of the Minister.

4. (2) A regional spatial and economic strategy may be made for a whole region or for one or more parts of a region, but where there are regional assemblies in respect of the GDA shall, in the case of the GDA, be made jointly by such regional assemblies.

5. (3)

   • (a) The Minister may direct one or more regional assemblies to make a regional spatial and economic strategy in respect of the combined area of the regional assemblies involved or in respect of any particular part or parts of the area which lie within the area of those regional assemblies.

   • (b) Where it is proposed to make a regional spatial and economic strategy pursuant to a direction under paragraph (a), the regional assemblies concerned shall make whatever arrangements they see fit to prepare such strategy, including the carrying out of their functions under this Chapter as a joint function of the assemblies concerned, and this Chapter shall be construed accordingly.

6. (4) Notwithstanding any other provision of this Act, the regional planning guidelines prepared by a dissolved regional authority and published in respect of the period 2010 to 2022, shall continue to have effect as if made under this Part until a regional spatial and economic strategy is prepared and adopted by the regional assembly concerned.

7. (5) The Minister may make regulations concerning the making of regional spatial and economic strategies and related matters.

Co-operation of planning authorities with regional assembly

22 (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with all the planning authorities within the region (or part thereof, as the case may be) in order to make the necessary arrangements for making the strategy.

• (2)

  • (a) A planning authority shall assist and co-operate with a regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.

  • (b) The provision of assistance under paragraph (a) shall include the provision of financial assistance, the services of staff and the provision of accommodation, where necessary, and the regional assembly and planning authorities concerned shall agree on the provision of such assistance based on the proportion of the population of the area for which the regional spatial and economic strategies are prepared who are resident in the functional areas of the planning authorities concerned.

  • (c) In the absence of agreement under paragraph (b), a regional assembly may request the relevant planning authorities to provide assistance under this section, and the request shall be based on the proportion of the population of the area for which the regional spatial and economic strategies is prepared resident in the functional areas of the planning authorities concerned, and a planning authority shall not refuse a reasonable request for assistance.

  Co-operation of public bodies with regional assemblies

  22A. (1) Where a regional assembly intends to make a regional spatial and economic strategy in accordance with section 24, or to review an existing strategy under section 26, it shall, as soon as may be, consult with—

  • (a) each public body, and

  • (b) any body or bodies under the aegis of a public body in respect of which, in the opinion of the regional assembly, consultation with is of relevance for the purpose of making the regional spatial and economic strategy or reviewing an existing strategy.

• (2) The public body shall assist and co-operate as far as practicable with the regional assembly in the preparation of the strategy and thereafter supporting its implementation.

• (3) Each public body shall consult with the regional assemblies, as appropriate, when preparing its own strategies, plans and programmes and so as to ensure that they are consistent, as far as practicable, with national and regional objectives set out in the National Spatial Strategy and regional spatial and economic strategies.

• (4) Where the Minister is of the opinion that consultation between a regional assembly and a body under the aegis of a public body would be of relevance—

  • (a) for the purpose of making, by the regional assembly, of the regional spatial and economic strategy or reviewing an existing strategy, or

  • (b) for the purpose of subsection (3), were the body a public body,

  then the Minister may so declare such body to be a public body for the purposes of consultation under this section and regulations may be made either generally or in respect of one or more than one regional assembly.

• (5) In this section ‘public body’ means—

  • (a) the Minister,

  • (b) the Minister for Finance,

  • (c) the Minister for Public Expenditure and Reform,

  • (d) the Minister for Jobs, Enterprise and Innovation,

  • (e) the Minister for Communications, Energy and Natural Resources,

  • (f) the Minister for Agriculture, Food and the Marine,

  • (g) the Minister for Transport, Tourism and Sport,

  • (h) the Minister for Health,

  • (i) the Minister for Education and Skills,

  • (j) the Minister for Foreign Affairs and Trade,

  • (k) a body under the aegis of a public body (including a public body pursuant to this paragraph) to which subsection (4) relates.

  Content and objectives of regional spatial and economic strategy

  23 (1) (a) The objective of regional spatial and economic strategies shall be to support the implementation of the National Spatial Strategy and the economic policies and objectives of the Government by providing a long-term strategic planning and economic framework for the development of the region for which the strategies are prepared which shall be consistent with the National Spatial Strategy and the economic policies or objectives of the Government.

  • (b) The planning and economic framework referred to in paragraph (a)shall consider the future development of the region for which the strategy is prepared for a period of not less than 12 years and not more than 20 years.

• (2) The regional spatial and economic strategy shall, for the whole of the region to which the strategy relates and in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government, address the following matters:

  • (a) any policies or objectives for the time being of the Government or any Minister of the Government, or any policies contained in the National Spatial Strategy in relation to national and regional population targets;

  • (b) in respect of regional economic strategy—

    • (i) enabling the conditions for creating and sustaining jobs,

    • (ii) enhancing overall regional economic performance by identifying regional strengths and opportunities having regard to economic and employment trends and the means of maintaining and augmenting regional economic performance,

    • (iii) proposals for augmenting the economic performance of the region across all relevant economic sectors including, in particular, the foreign direct investment, indigenous industry, small and medium enterprise, tourism, agriculture, forestry, marine and other natural resource sectors,

    • (iv) enhancing regional innovation capacity, including investment in research and development capacity, technology transfer between third level education and enterprise, and up-skilling and re-skilling,

    • (v) identifying the regional attributes that are essential to enhancing regional economic performance, including—

      • (I) the quality of the environment,

      • (II) the qualities of cities, towns and rural areas,

      • (III) the physical infrastructure, and

      • (IV) the social, community and cultural facilities,

      and

    • (vi) proposals to maintain or augment, or both, the attributes referred to in subparagraph (v) in such manner as will be implemented under the strategy through the activities of relevant public bodies, private sector investment and the community;

  • (c) in respect of regional spatial strategy and taking account of the economic dimension of the strategy—

    • (i) the location of employment, industrial and commercial development,

    • (ii) the location of retail development,

    • (iii) the location of housing,

    • (iv) the provision of transportation, including public transportation, water services, energy and communications networks and waste management facilities,

    • (v) the provision of educational, healthcare, sports and community facilities,

    • (vi) the preservation and protection of the environment and its amenities, including the archaeological, architectural and natural heritage,

    • (vii) landscape, in accordance with relevant policies or objectives for the time being of the Government or any Minister of the Government relating to providing a framework for identification, assessment, protection, management and planning of landscapes and developed having regard to the European Landscape Convention done at Florence on 20 October 2000, and

    • (viii) the promotion of sustainable settlement and transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change;

  • (d) in respect of the evaluation and reporting of the regional spatial and economic strategy, the monitoring and reporting arrangements required to measure progress in addressing the matters referred to in this subsection.

• (3) In preparing its regional spatial and economic strategy a regional assembly shall—

  • (a) ensure that the strategy is, in particular, consistent with—

    • (i) this Chapter and any regulations made under it,

    • (ii) national economic policy as set out in relevant government strategies,

    • (iii) national planning policy as set out in the National Spatial Strategy or any successor strategy,

    • (iv) any relevant directives, policies or guidelines issued by the Minister under the Planning and Development Acts 2000 to 2014,

    • (v) any direction by the Minister in respect of such programmes, policies and guidelines of any Minister of the Government (including the Minister) requiring a regional assembly to have regard to, and

    • (vi) the relevant plans and strategies of public bodies to which section 22A relates and of any other body prescribed by the Minister for the purposes of this section,

  • (b) consult with the public bodies to which section 22A relates in such manner and to such extent as the Minister may direct in writing, and

  • (c) co-ordinate the development of its regional spatial and economic strategy in a manner that is, to the greatest extent possible, consistent with the policies of the public bodies to which section 22A relates.

• (4) Where the Minister is of the opinion that the adoption of any provision of a draft regional spatial and economic strategy would be inconsistent with Government policy, then the Minister may, after consultation with such other Minister of the Government (if any) as the Minister considers necessary in the circumstances, direct a regional assembly not to adopt the draft strategy with those provisions in it or incorporate appropriate amendments to ensure consistency with the policies and objective of the Government, and the regional assembly concerned shall act accordingly.

• (5) The Minister may, for the purposes of giving effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment ¹, by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional spatial and economic strategies.

• (6) An appropriate assessment of a draft regional spatial and economic strategy shall be carried out in accordance with Part XAB.

• (7)

  • (a) When making a regional spatial and economic strategy the regional assembly shall take account of the proper planning and sustainable development of the whole of the region to which the strategy relates, the statutory obligations of any local authority in the region and any relevant policies or objectives for the time being of the Government or of any Minister of the Government, including any national plans, policies or strategies specified by the Minister to be of relevance to the determination of strategic economic and planning policies.

  • (b) When making a regional spatial and economic strategy which affects the Gaeltacht, the regional assembly shall have regard to the need to protect the linguistic and cultural heritage of the Gaeltacht.

  • (c) When making a regional spatial and economic strategy the regional assemblies in respect of the GDA shall ensure that the strategy is consistent with the transport strategy of the NTA.

• (8) Without prejudice to the generality of subsections (2) and (3), the Minister may issue guidelines on the content of regional spatial and economic strategies and regional assemblies shall have regard to those guidelines.

Consultation regarding regional spatial and economic strategy

1. (1) As soon as may be after agreeing any necessary arrangements under section 21, a regional assembly shall give notice of its intention to make the regional spatial and economic strategy.

2. (2) A notice under subsection (1) shall be given to the Minister, the Board, the prescribed authorities in the area and shall be published in one or more newspapers circulating in the region for which the regional spatial and economic strategy is prepared and shall—

   • (a) state that the regional assembly intends to make a regional spatial and economic strategy,

   • (b) indicate the matters to be considered in the regional spatial and economic strategy, having regard to section 23,

   • (c) indicate that submissions regarding the making of the regional spatial and economic strategy may be made in writing to the regional assembly within a specified period (which shall not be less than 8 weeks).

3. (3) A regional assembly shall consider any submissions received under subsection (2) before preparing the draft regional spatial and economic strategy.

4. (4) When a regional assembly prepares the draft of the regional spatial and economic strategy it shall, as soon as may be—

   • (a) send notice and copies of the draft strategy to the Minister, the Board, the prescribed authorities in its area, and

   • (b) publish notice of the preparation of the draft in one or more newspapers circulating in its area.

5. (5) A notice under subsection (4) shall state—

   • (a) that a copy of the draft strategy may be inspected at a stated place or places and at stated times during a stated period of not less than 10 weeks (and the copy shall be kept available for inspection accordingly), and

   • (b) that written submissions or observations with respect to the draft made to the regional assembly within the stated period will be taken into consideration before the regional spatial and economic strategy is adopted.

6. (6) When the regional assemblies in respect of the GDA prepare the draft of the regional spatial and economic strategy they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

   • (a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31F, and

   • (b) where the regional assemblies do not propose to address, or propose to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31F, a statement of the reasons for that course of action.

7. (7) When a regional assembly (other than the regional assemblies in respect of the GDA) prepares the draft of the regional spatial and economic strategy it shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

   • (a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31FF, and

   • (b) where it does not propose to address, or proposes to only partially address, any matter identified in the report of the NTA prepared in accordance with section 31FF, a statement of the reasons for that course of action.

8. (8)

   • (a) Subject to paragraphs (b) and (e), following consideration of submissions or observations under subsection (5), and subject to section 25, the regional assembly shall, subject to any amendments that it considers necessary, make the regional spatial and economic strategy.

   • (b) The regional assembly shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required to be carried out as respects one or more than one proposed material amendment of the draft regional spatial and economic strategy.

   • (c) The director of the regional assembly, not later than 2 weeks after a determination under paragraph (b) shall specify such period as he or she considers necessary as being required to facilitate an assessment referred to in paragraph (b).

   • (d) The regional assembly shall publish notice of any proposed material amendment, and where appropriate in the circumstances, the making of a determination that a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are required, in at least one newspaper circulating in its area.

   • (e) The notice referred to in paragraph (d) shall state—

     • (i) that a copy of any proposed material amendment and of any determination by the regional assembly that an assessment referred to in paragraph (b) is required may be inspected at a stated place or places and at stated times, and on the assembly’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

     • (ii) that written submissions or observations with respect to the proposed material amendment or an assessment referred to in paragraph (b) and made to the regional assembly within a stated period shall be taken into account by the assembly before the regional spatial and economic strategy is adopted.

   • (f) The regional assembly shall carry out an assessment referred to in paragraph (b) of the proposed material amendment of the draft regional spatial and economic strategy within the period specified by the director of the regional assembly.

9. (9) Following the consideration of submissions or observations under subsection (8), and subject to section 25, the regional assembly shall make the regional spatial and economic strategy with or without the proposed material amendments, subject to any minor modifications considered necessary.

10. (10) A minor modification referred to in subsection (9) may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.

11. (11)

    • (a) Where a regional assembly makes a regional spatial and economic strategy, it shall publish a notice of the making of the strategy in at least one newspaper circulating in the functional area of each planning authority in the region for which the strategy is prepared.

    • (b) A notice under this subsection shall state that a copy of the regional spatial and economic strategy is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

    Procedure for making regional spatial and economic strategy

    1. (1) As part of the consultation between a regional assembly and the relevant planning authorities under section 22, the regional assembly and the planning authorities concerned shall agree on a procedure for preparing and making the regional spatial and economic strategy under section 24.

12. (2) Matters to be considered under subsection (1) shall include the establishment of committees to oversee and consider preparation of the strategy.

13. (3) The authorities and assemblies concerned shall agree on the membership of the committees under subsection (2) and shall also agree on the roles of those committees in preparing the draft regional spatial and economic strategy, considering submissions or observations under section 24, and drawing up reports in respect of the strategy.

14. (4) When the regional assemblies in respect of the GDA make a regional spatial and economic strategy they shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

    • (a) a statement explaining how the regional assemblies propose to address the matters identified in the report of the NTA prepared in accordance with section 31G, and

    • (b) where the regional assemblies do not propose to address, or propose only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31G, a statement of the reasons for that course of action.

15. (5) When a regional assembly (other than the regional assemblies in respect of the GDA) makes a regional spatial and economic strategy it shall include in the strategy a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

    • (a) a statement explaining how it proposes to address the matters identified in the report of the NTA prepared in accordance with section 31GG, and

    • (b) where it does not propose to address, or proposes only to partially address, any matter identified in the report of the NTA prepared in accordance with section 31GG, a statement of the reasons for that course of action.

16. (6) The making of a regional spatial and economic strategy under section 24(8) shall be a matter for the members of the regional assembly concerned, following the consideration of any report or reports from the committees referred to in subsection (2).

Reports on regional spatial and economic strategy

25A. (1) In respect of the regional spatial and economic strategy of a regional assembly, the public bodies to which section 22A relate and each local authority within the regional assembly area shall, every 2 years, prepare and submit a report to the assembly setting out progress made in supporting objectives, relevant to that body, of the strategy.

• (2) Each regional assembly shall, every 2 years, prepare a report (in this section referred to as a monitoring report) monitoring progress made in implementing the regional spatial and economic strategy.

• (3) The monitoring report shall specify the progress made in securing the overall objectives of the regional spatial and economic strategy, including any specific actions and outcomes, including actions specific to the public bodies to which section 22A relates.

• (4) The regional assembly concerned shall submit its monitoring report to the National Oversight and Audit Commission.

• (5) The National Oversight and Audit Commission shall consider the monitoring report of each regional assembly and may make recommendations to the Minister in relation to relevant measures to further support the implementation of the regional spatial and economic strategy concerned.

Review of regional spatial and economic strategy

1. (1) Where a regional assembly has made a regional spatial and economic strategy, it shall, not later than 6 years after the making of such a strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy or make a new regional spatial and economic strategy.

2. (2) Before a regional assembly revokes a strategy referred to in subsection (1) (other than for the purpose of making a new regional spatial and economic strategy), it shall consult with the planning authorities within its region.

3. (3) Where the regional assembly makes a new regional spatial and economic strategy, it shall follow the procedures laid down in sections 22, 24 and 25.

4. (4) Where a new strategy is made under subsection (1), it shall supersede any previous regional spatial and economic strategy.

Regional spatial and economic strategy and development plans

1. (1) A planning authority shall ensure, when making a development plan or a local area plan, that the plan is consistent with any regional spatial and economic strategy in force for its area.

2. (2) The Minister may, by order, determine that planning authorities shall comply with any regional spatial and economic strategy in force for their area, or any part thereof, when preparing and making a development plan, or may require in accordance with section 31 that an existing development plan comply with any regional spatial and economic strategy in force for the area.

3. (3) An order under subsection (2) may relate—

   • (a) generally to every regional spatial and economic strategy,

   • (b) to one or more than one specified strategy, or

   • (c) to specific elements of each strategy.

4. (4) Following the making of a regional spatial and economic strategy for its area, each planning authority shall review the existing development plan and consider whether any variation of the development plan is necessary in order to achieve the objectives of the regional spatial and economic strategy.

5. (5) For the purposes of this section, a planning authority may have, but shall not be obliged to have, regard to any regional spatial and economic strategy after 6 years from the making of such strategy.

6. (6) The Minister may make regulations concerning matters of procedure and administration to be adopted by a regional assembly in the performance of its functions relating to the preparation of a draft development plan, making of a development plan or variation of a development plan, as the case may be.

Report of regional assembly for preparation of draft development plan

27A. (1) Where a regional assembly receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2).

• (2) Submissions or observations made by a regional assembly under section 11(2) shall contain a report on matters that, in the opinion of the regional assembly, require consideration by the planning authority concerned in making the development plan.

• (3) The submissions or observations and report of the regional assembly shall include, but shall not be limited to, recommendations regarding each of the following matters as respects the area to which the development plan relates:

  • (a) any policies or objectives for the time being of the Government or any Minister of the Government in relation to national and regional population targets, and the best distribution of residential development and related employment development with a view to—

    • (i) promoting consistency as far as possible, between housing, settlement and economic objectives in the draft development plan and core strategy and the regional spatial and economic strategy, and

    • (ii) assisting in drafting the core strategy of the draft development plan;

  • (b) the objectives of providing physical, economic or social infrastructure in a manner that promotes balanced regional development;

  • (c) planning for the best use of land having regard to location, scale and density of new development to benefit from investment of public funds in transport infrastructure and public transport services; and

  • (d) collaboration between the planning authority and the regional assembly in respect of integrated planning for transport and land use, in particular in relation to large scale developments and the promotion of sustainable transportation strategies in urban and rural areas, including the promotion of measures to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change.

• (4) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.

Role of regional assembly in making of development plan

27B. (1) Where a regional assembly receives a notice from a planning authority under section 12(1) it shall prepare submissions and observations for the purposes of section 12(2).

• (2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.

• (3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the draft development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions, observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the draft development plan and its core strategy are so consistent.

• (4) The regional assembly shall send a copy of the submission or observations and the report to the Minister.

• (5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.

Role of regional assembly in variation of development plan

27C. (1) Where a regional assembly receives a notice from a planning authority under section 13(1) it shall prepare submissions and observations for the purposes of section 13(2).

• (2) Submissions or observations made by the regional assembly under subsection (1) shall contain a report which shall state whether, in the opinion of that assembly, the draft variation of the development plan, and, in particular, its core strategy, are consistent with the regional spatial and economic strategy in force for the area of the development plan.

• (3) Where the opinion of the regional assembly stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional spatial and economic strategy, the submissions and observations and report shall include recommendations as to what amendments, in the opinion of the regional assembly, are required in order to ensure that the proposed variation to the development plan and its core strategy are so consistent.

• (4) The regional assembly shall send a copy of the report to the Minister.

• (5) One or more regional assemblies, who have been directed by the Minister to make a regional spatial and economic strategy for the purpose of section 21(3) in relation to a combined area of the regional assemblies or in respect of any particular part or parts of the area which lie within the area of those regional assemblies, shall make joint submissions or observations and issue a joint report for the purpose of this section, in respect of the combined area or particular part or parts of the area concerned and shall send a copy of the joint submissions or observations and joint report to the Minister.”.

• (2) The Planning and Development Act 2000 is amended by substituting the following for section 31FF:

“Co-operation and further provisions relating to regional spatial and economic strategy

31FF. (1) Where a regional assembly (other than the regional assemblies in respect of the GDA) intends to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, it shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.

• (2) The NTA shall assist and co-operate with the regional assembly in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.

• (3) In carrying out its functions under subsection (2), the NTA shall prepare and submit to the regional assembly, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assembly in making a regional spatial and economic strategy.”.

• (3) The Planning and Development Act 2000 is amended by substituting the following for section 178:

“Restrictions on development by certain local authorities

1. (1) The council of a county shall not effect any development in its functional area which contravenes materially the development plan.

2. (2) The council of a city shall not effect any development in the city which contravenes materially the development plan.

3. (3) The council of a city and county shall not effect any development in the city and county which contravenes materially the development plan.”.

• (4) The Planning and Development Act 2000 is amended by substituting the following for section 243:

“Charging of expenses of planning authority

1. Expenses under this Act of a planning authority shall be charged on the local authority concerned.”.

• (5) The Planning and Development Act 2000 is amended by inserting the following after section 268:

“Transitional provisions consequent on Local Government Reform Act 2014

268A. (1) In this section—

‘2014 establishment day’ has the same meaning as it has in the Local Government Reform Act 2014;

‘dissolved authority’ means a local authority to which subsection (2)relates or a town council to which subsection (3) relates, as the circumstances require;

‘relevant day or date’ means the 2014 establishment day or the transfer date, as the circumstances require;

‘successor authority’ shall be read in accordance with subsection (2) or (3), as the circumstances require;

‘transfer date’ has the same meaning as it has in the Local Government Reform Act 2014.

• (2) Consequent on the dissolution of certain local authorities by section 17 of the Local Government Reform Act 2014, the planning authority for each local government area concerned shall, with effect from the 2014 establishment day, be the successor authority as provided for by that section.

• (3) Consequent on the dissolution of town councils by Chapter 2 of Part 3 of the Local Government Reform Act 2014, the planning authority for the area which was, immediately before the transfer date (as provided for by that Chapter), the area of a town council shall, on and from that date, be the planning authority for the local government area within which the first-mentioned area is situated on that date (in this section referred to as the ‘successor authority’).

• (4) All acts duly done and decisions duly made before the relevant day or date by a planning authority to which subsection (2) relates or a town council to which subsection (3) relates, respectively, shall, subject to this Act, continue to have all such force and effect as they would have had if the transfer order had not been made.

• (5) For the purpose of completing any matter outstanding by or with a dissolved authority as the planning authority for a local government area concerned before the relevant day or date, as the case may be, the successor authority shall, on that day or date—

  • (a) become the planning authority for that area, and

  • (b) exercise the functions, as the planning authority for that area, of the dissolved body.

• (6) So much of Schedule 4 to the Local Government Reform Act 2014 that relates to a dissolved body for the purposes of that Schedule and is relevant to a dissolved body for the purposes of this section shall, subject to any necessary modifications, apply in relation to the Planning and Development Acts 2000 to 2014.”.

• (6) Amendments to the Planning and Development Act 2000 (including amendments consequential on subsection (1)) are provided for by section 5(5) and are set out in Part 3 of Schedule 2.

PART 11 Plebiscite on Directly Elected Mayor for Dublin Metropolitan Area

64. Definitions (Part 11)

64. In this Part—

“Dublin local authority” means Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council or South Dublin County Council;

“Dublin metropolitan area” means the combined administrative areas of the Dublin local authorities;

“directly elected mayor” means a mayor in respect of an authority or other body for the Dublin metropolitan area elected at an election for the purposes of which there shall be one electoral area which shall consist of the local electoral areas in force at that time in respect of the Dublin metropolitan area;

“plebiscite” has the meaning given by section 67(2)(b).

65. Convening of forum and report to Minister

65. (1) There shall be convened by the Lord Mayor of the City of Dublin, in such manner as the Minister requests, a forum representative of the members of the local authorities within the Dublin metropolitan area to consider the possible options for the future local governance arrangements for that area including the establishment of an office of a directly elected mayor for that area and shall, in particular, consider the following matters—

• (a) the establishment of such an office,

• (b) the rationale for, and implications of, such an office,

• (c) details relating to such office and its relationship with each Dublin local authority or with those authorities and any other public authority which the forum considers would be representative of, or having functions relevant to, the Dublin metropolitan area, and

• (d) such changes as would be needed in local governance arrangements for the Dublin metropolitan area consequential on the establishment of such an office, including matters to which paragraph (c) of section 66(1) would relate if a resolution under that paragraph were proposed,

and the Lord Mayor of the City of Dublin shall report to the Minister in writing on the forum’s deliberations and conclusions within such time limit as the Minister directs, which report shall include a draft resolution for the purposes of section 66(1).

• (2) Consequent on receipt of the report referred to in subsection (1), the Minister may consult with each Dublin local authority on that report either jointly, separately or both and with any other person that the Minister considers it appropriate to consult.

66. Resolutions of local authorities

66. (1) Where the Minister is of the opinion that, having regard to the report and the draft resolution under subsection (1) of section 65 and any consultations under subsection (2) of that section, a resolution in the terms to which paragraph (a) relates should be put before the council for each local authority within the Dublin Metropolitan Area and the Minister has advised those local authorities of that opinion, then each such local authority may act accordingly, and where it does so, each such resolution shall—

• (a) propose the holding of a plebiscite on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established,

• (b) be in a form approved by the Minister, and

• (c) in the case of each local authority, be accompanied by a statement, the wording of which has been approved by the Minister, setting out the main features of the proposed future governance arrangements for the Dublin metropolitan area including—

• (i) the functions and structures of the proposed office of directly elected mayor of the Dublin metropolitan area,

• (ii) the proposed changes in the functions and structures of the Dublin local authorities and the relationship between the office of directly elected mayor and the Dublin local authorities and with any other authority or other body (whether then in existence or not) of which such mayor would have a role to play and the nature of that role,

• (iii) details of the estimated cost and other resource implications of the proposed arrangements and any increased cost likely to arise as a result of their implementation,

• (iv) the changes (if any) proposed to the functions and structures of any other body,

• (v) details of the advantages and disadvantages that would arise as a result of the implementation of the proposed arrangements,

• (vi) measures to maximise efficiency, effectiveness and accountability in local government in the Dublin metropolitan area and avoidance of duplication or undue cost, and

• (vii) such further information or details approved by the Minister for inclusion in the statement.

• (2) For the purposes of this Part, a resolution to which subsection (1) relates—

• (a) shall not be adopted by a local authority concerned after 31 March 2014, and

• (b) shall be adopted by the local authority concerned only if not less than half of the persons who are members of that local authority vote in favour of the resolution.

67. Holding of plebiscite

67. (1) Where a resolution has been adopted by each Dublin local authority inaccordance with section 66(2), a plebiscite shall be held to decide whether legislation should be brought forward—

• (a) to provide for the establishment of an office of directly elected mayor to be chairperson and leader of an authority or other body for the Dublin metropolitan area, and

• (b) for such other matters relating to local government in the Dublin area as the Minister considers to be appropriate.

• (2) A plebiscite referred to in subsection (1) shall—

• (a) be held in conjunction with and at the times duly fixed by the Minister for the 2014 local elections,

• (b) put a proposal for a decision of those persons entitled to vote at the 2014 local elections for the Dublin local authorities (in this Part referred to as a “plebiscite”) as to whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established in accordance with the resolution referred to in section 66(1), and

• (c) be held in accordance with regulations to be made by the Minister providing for the holding of the plebiscite and for other requirements and arrangements that will apply in relation to the plebiscite.

• (3)
• (a) Dublin City Council shall, on its own behalf and on behalf of the other Dublin local authorities, publish and distribute or cause to be published and distributed, not later than 30 days before the polling day in a manner which Dublin City Council considers most likely to bring the proposal to the attention of voters, information for voters in relation to the proposal which is to be put for a decision through the plebiscite, including the details referred to in section 66(1)(c).

• (b) Dublin City Council shall be facilitated by the other Dublin local authorities for the purpose of giving effect to paragraph (a).

• (4) Without prejudice to the generality of paragraph (c) of subsection (2), any regulations under that paragraph may, in particular—

• (a) specify the form of the ballot paper for the plebiscite, including the wording to be used on the ballot paper for the proposal on whether an office of directly elected mayor of an authority for the Dublin metropolitan area should be established, which wording shall be consistent with the resolution referred to in section 66(1),

• (b) provide for arrangements and requirements in relation to the information to be published and distributed to voters in accordance with subsection (3),

• (c) provide for the appointment, duties, and staff of the returning officer for the plebiscite,

• (d) provide for the taking of the poll at the plebiscite and the counting of votes,

• (e) provide for the use, free of charge, of schools and public rooms,

• (f) provide for arrangements for postal and special voting,

• (g) provide for voting by persons in the employment of returning officers,

• (h) provide for voting by persons to whom section 68 relates who are physically ill or physically disabled,

• (i) provide for the issue of polling information cards,

• (j) provide for the maintenance of secrecy of voting,

• (k) provide for the removal of persons misconducting themselves in polling stations,

• (l) provide for procedures in the event of disorder or obstruction,

• (m) provide for procedures in the event of interference with ballot boxes or ballot papers,

• (n) provide for provisions corresponding to articles 67, 95 to 101, 105 to 111, 113 to 118, 119 and 122 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995), with such modifications as appear to the Minister to be appropriate, and

• (o) contain such other provisions relating to the holding of polls and the holding of the plebiscite as the Minister considers appropriate.

• (5) Where a provision of regulations made under this section corresponds to a provision of the Local Elections Regulations 1995, which declares a matter to be an electoral offence, the regulations so made may provide for a corresponding offence in relation to the plebiscite and lay down a penalty for it which does not exceed the relevant penalty specified in article 117 of the Local Elections Regulations 1995.

• (6) Where regulations under this section are proposed to be made, a draft of them shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each House.

68. Persons entitled to vote

68. For the purposes of this Part and regulations made under it, every person whose name is duly entered on the register of local government electors prepared under Part II of the Electoral Act 1992 that is in force for the City of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin is entitled to vote at the plebiscite.

69. Report to Houses of the Oireachtas

69. If a majority of the votes cast at the plebiscite is in favour of the proposal, the Minister shall, within 2 years of the date of the plebiscite, submit to both Houses of the Oireachtas a report—

• (a) containing proposals for legislation to provide for the establishment of an office of directly elected mayor of an authority for the Dublin metropolitan area and other provisions for local governance in the Dublin area, having regard to the proposal which was the subject of the plebiscite and such other matters relating to local government as he or she considers appropriate, or

• (b) containing a statement of his or her reasons for not making proposals for legislation to which paragraph (a) would relate.

70. Costs of holding plebiscite

70. The Dublin local authorities shall meet the costs incurred in holding the plebiscite (including the costs incurred by Dublin City Council under section 67(3)), as shall be determined by such person as the Minister nominates in the event of a dispute as to the amount, each in proportion to that which the population within its local authority area has to the population within the Dublin metropolitan area, as ascertained at the most recent census of population.

71. Steps taken prior to passing of Act

71. (1) Where, prior to the passing of this Act either or both—

• (a) Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council, and

• (b) the Lord Mayor of the City of Dublin,

convened, at the request of the Minister and in such manner as the Minister requested, a forum to consider the possible options and matters referred to in section 65(1), then, the convening of a forum under that subsection shall be deemed to have been complied with and, in respect of any subsequent steps taken before the passing of this Act that in the Minister’s opinion would, if taken after such passing, comply in whole or in part with the requirements of section 65(1), the Minister may deem that subsection to have been duly complied with to the extent that those steps were taken and that subsection shall have effect accordingly.

• (2) Where the whole of section 65(1) is deemed to have been duly complied with by virtue of subsection (1), then, in respect of any subsequent steps taken before the passing of this Act that in the Minister’s opinion would, if taken after such passing, comply—

• (a) in whole or in part with the requirements of section 65(2), or

• (b) in whole with the requirements of section 65(2), and in whole or in part with the requirements of section 66(1),

the Minister may deem that subsection or those subsections (as the case may be) to have been duly complied with to the extent that the requirements have been so complied with and that subsection or those subsections shall have effect accordingly.

• (3) Where the Minister deems a specified provision of this section to have been complied with in whole in a case to which subsection (1) relates or in whole or in part in a case to which subsection (2) relates, then he or she shall—

• (a) notify in writing each of the local authorities concerned of that fact, and

• (b) cause a notice to that effect to be published in Iris Oifigiúil.

PART 12 Non-Principal Private Residence Charge and Household Charge

72. Interpretation (Part 12)

72. In this Part—

“Act of 2009” means the Local Government (Charges) Act 2009;

“household charge” has the meaning assigned to it by section 3(1) of the Act of 2011;

“non-principal private residence charge” means the charge provided for in section 3 of the Act of 2009.

73. Repeals relevant to Part 12

73. (1) The provisions of the Local Government (Charges) Act 2009 are repealed as follows:

• (a) upon the passing of this Act in respect of sections 3, 4, 5, 9 and 14;

• (b) on 2 March 2014 in respect of section 6;

• (c) subject to subsection (2), on 1 January 2015 in respect of section 15;

• (d) subject to subsection (2), on 31 March 2025 in respect of the whole Act in so far as it is not already repealed.

• (2) In respect of any provision to which paragraph (c) or (d) of subsection (1) relates that does not stand repealed by virtue of the paragraph concerned or by order under this subsection, the Minister may by order or subsequent order, as the case may be—

• (a) where there is no subsisting order under this subsection in respect of that provision providing for its repeal, provide for the repeal of that provision on a date other than the date provided for by the paragraph concerned, or

• (b) where there is a subsisting order under this subsection in respect of the provision concerned, revoke or amend that order and provide for a different date upon which that provision shall stand repealed.

• (3) The provisions of the Local Government (Household Charge) Act 2011 are repealed as follows:

• (a) upon the passing of this Act in respect of section 10(4) ;

• (b) other than in respect of section 10(4), on such day or days as the Minister may, by order or orders, appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

74. Arrears of non-principal private residence charge and late payment fees

74. (1) All non-principal private residence charge and late payment fee liabilities relating to any such charge or any part thereof that remain undischarged on 1 March 2014 shall not be subject to additional late payment fees if collected on or before 31 August 2014.

• (2) Notwithstanding subsection (1), where a non-principal private residence charge and late payment fee liability in respect of such charge or any part thereof remain undischarged on 1 September 2014, an additional late payment fee of €120 shall apply in respect of each liability date.

• (3) All non-principal private residence charge and late payment fee liabilities, in respect thereof, including that provided for by subsection (2), which remain undischarged on 1 September 2014 shall be increased by 50 per cent on that date.

• (4) Where in any case the period of 3 months referred to in subsection (6) of section 6 of the Act of 2009 applies but had not expired on or before 1 March 2014, then subsection (1) shall apply to such a case.

75. Deceased sole owner and payment of non-principal private residence charge and late payment fees

75. (1) Where a person who is the sole owner of a residential property (within the meaning of section 2 of the Act of 2009) dies and, at the date of his or her death, a non-principal private residence charge, a late payment fee in respect of such a charge or any part of such charge or fee remains unpaid in relation to that property, then no further late payment fee shall be payable in relation to that property until a grant of representation to the estate of the deceased person issues to the personal representative of such deceased person.

• (2) The personal representative of such deceased person shall, as soon as a grant of representation to the estate of the deceased person issues to him or her, be liable to pay to the relevant local authority the full amount due and owing by the deceased, at the date of his or her death, in respect of a non-principal private residence charge and each related late payment fee in respect of such a charge, which said full amount is, in this section, referred to as the “full amount”.

• (3) If the said full amount is paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, he or she shall have no further liability in respect of the non-principal private residence charge concerned and each related late payment fee in respect of such a charge due and owing by the deceased at the date of his or her death.

• (4) If the said full amount is not paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, he or she shall be liable to pay to the relevant local authority the said full amount.

• (5) If the grant of representation is issued on or after 1 June 2014 and if the said full amount is not paid by the said personal representative within 3 months of the date of issue of the grant of representation to the estate of the deceased person, notwithstanding subsection (1), any late payment fees which would have applied under subsections (2) and (3) of section 74 had the person who is the sole owner of a residential property (within the meaning of section 2 of the Act of 2009) not died shall apply.

• (6)
• (a) In this section a reference to “grant of representation” is, where 2 or more such grants are issued to the estate of a deceased person, a reference to the first of such grants to issue.

• (b) In this section a reference to “late payment fee” includes reference to the 50 per cent increase provided for under section 74(3).

• (7) This section shall apply on and from 2 March 2014.

76. Collection of undischarged liabilities relating to non-principal private residence liabilities

76. Subject to section 77, a local authority may act as it sees fit to most efficiently collect undischarged non-principal private residence charge and late payment fee liabilities in respect of any such charge including, in the case of an individual being liable, reducing such late fee liabilities in circumstances in which the local authority considers that to do so would be most efficient for the collection of the undischarged charge and liabilities.

77. Guidance by Minister

77. For the purposes of sections 74 to 76, the Minister may issue written guidance to local authorities concerning any matter to which those sections relate and each local authority shall have regard to any such guidance.

78. Validity of non-principal private residence charge and household charge collection activity

78. Any activity undertaken by the Local Government Management Agency to collect—

• (a) the non-principal private residence charge, under the Act of 2009 or the household charge under the Local Government (Household Charge) Act 2011, or

• (b) any late payment fees and late payment interest under either of those Acts,

shall not be impugned on the basis the Agency may have lacked the function to perform that activity.

PART 13 Local Government Fund and Irish Water

79. Amendment of section 6 of Local Government Act 1998

79. Section 6 of the Local Government Act 1998 is amended—

• (a) in subsection (2C) (inserted by section 7 of the Motor Vehicle (Duties and Licences) Act 2013) by substituting the following for paragraph (a):

• “(a) Subject to paragraphs (b) and (c) the Minister may, on or before 31 December 2014, pursuant to a request from the Minister for Finance, make one, or more than one, payment from the Fund in the amount requested by the Minister for Finance.”,

• (b) in subsection (2C) (as so inserted) by substituting the following for paragraph (c):

• “(c) The total amount of all payments made under paragraph (a) shall not exceed €600 million.”,

• (c) by inserting the following after subsection (2C):

• “(2CA) The Minister may make payments out of the Fund to Irish Water in respect of water services functions transferred from local authorities to Irish Water.”,

and

• (d) by substituting the following for subsection (3):

• “(3) The Minister shall cause to be laid before each House of the Oireachtas a copy of the determination under subsection (2) as soon as may be after the determination is made.”.

PART 14 Dublin Docklands Development Authority

80. Amendment of Dublin Docklands Development Authority Act 1997

80. (1) In this section “Act of 1997” means the Dublin Docklands Development Authority Act 1997.

• (2) Section 20(1)(a)(i) of the Act of 1997 is amended with effect from 27 November 2013 by substituting “within such period of time as the Minister may determine by order having regard to all the relevant circumstances” for “at least once in every five years”.

• (3) The master plan adopted on 27 November 2008 by the Council established under section 16 of the Act of 1997 shall, subject to section 20(1)(a)(iii), continue to be the master plan under that Act for the Dublin Docklands Area until a new plan is adopted in accordance with section 20(1)(a)(i) of that Act as amended by subsection (2).

• (4) Every act done (by commission or omission) by or on behalf of the Dublin Docklands Development Authority before the passing of this Act in respect of a matter to which this section relates that was done in anticipation of the passing of an Act containing a provision to the like effect as this section shall be deemed to be, and always to have been, a valid exercise by that Authority of its functions.

SCHEDULE 1 Miscellaneous and Consequential Amendments to Local Government Acts 1925 to 2013

Section 5(1)

PART 1 Miscellaneous and Consequential Amendments to the Local Government Act 2001