Planning and Development (Amendment) Act 2018

PART 1 Preliminary and General

1. Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Planning and Development (Amendment) Act 2018.

(2) This Act, other than Part 4 and Schedule 3 at reference numbers 12 to 18, and the Planning and Development Acts 2000 to 2017 may be cited together as the Planning and Development Acts 2000to 2018 and shall be construed together as one.

(3) This Act (other than section 2 and Part 4 and where otherwise expressly provided for) comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions.

2. Interpretation

2. In this Act—

“Act of 2016” means the Planning and Development (Housing) and Residential Tenancies Act 2016;

“Minister” means Minister for Housing, Planning and Local Government;

“Principal Act” means the Planning and Development Act 2000.

3. Expenses

3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 Office of the Planning Regulator

4.

Office of the Planning Regulator

4. The Principal Act is amended by inserting the following Part after Part IIA (inserted by the Dublin Transport Authority Act 2008):

“PART IIB

Office of the Planning Regulator

Chapter I

Preliminary and General (Part IIB)

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.

Chapter II

Establishment, Organisation, Staffing etc.

Establishment of Office of the Planning Regulator

31L. The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.

Office of the Planning Regulator

31M. (1) There is established on the establishment day a body to be known as Oifig an Rialaitheoir Pleanáil or, in the English language, Office of the Planning Regulator, to perform the functions conferred on it by this Part.

(2) The Office of the Planning Regulator shall have all such powers as are necessary for or incidental to the performance of the functions of the Office under this Act.

Planning Regulator

31N. (1) There shall be appointed in accordance with section 31W a chief executive of the Office, to be known as the Planning Regulator, who shall be a corporation sole with perpetual succession and an official seal and with power—

(a) to sue and be sued,

(b) to acquire, hold and dispose of land or an interest in land, and

(c) to acquire, hold and dispose of any other property.

(2) The Planning Regulator shall—

(a) perform such functions as are specified in this Part to be functions of the Office,

(b) be responsible for the performance by the Office of its functions under this Part, and

(c) otherwise carry out, manage and control generally the administration and business of the Office for the purposes of this Part.

Seal of Planning Regulator

31O. (1) The seal of the Planning Regulator (in this section referred to as the ‘seal’) shall be authenticated by either—

(a) the signature of the Planning Regulator, or

(b) the signatures of 2 members of the staff of the Office, at least one of whom shall be a director of the Office, and both of whom have been authorised by the Office to act in that behalf.

(2) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by the Office and to be sealed with the seal (purporting to be authenticated in accordance with subsection (1)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

(3) Any contract or instrument which, if entered into or executed by an individual, would not be required to be under seal may be entered into or executed on behalf of the Office by a member of the staff of the Office or a person generally or specially authorised by the Office for that purpose.

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) to conduct research, including research at the request of the Minister, as to what constitutes proper planning and sustainable development,

(d) to conduct education and training programmes and research as provided for by section 31Q,

(e) to conduct reviews under Chapter IV of the performance by the Board and by planning authorities of their respective functions,

(f) to oversee the delivery of effective planning services to the public by planning authorities including having regard to—

(i) any relevant indicator (within the meaning of Part 12A of the Local Government Act 2001) identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) of that Act, or

(ii) regulations made by the Minister under section 134A(7) of the Local Government Act 2001,

(g) to prepare an annual report in accordance with section 31AH on the performance of its own functions,

(h) to prepare a strategy statement for the Office in accordance with section 31T,

(i) to make such observations as it considers appropriate to the Minister, or in its annual reports or otherwise, in relation to planning legislation, including:

(i) development plans, local area plans and regional spatial and economic strategies under Part II;

(ii) guidelines under section 28;

(iii) directions under section 31;

(iv) codes of conduct under section 31AL; and

(v) in so far as relates to planning matters to which paragraph (f) relates,

and

(j) to evaluate and assess strategic transport plans made by the National Transport Authority in accordance with section 12 of the Dublin Transport Authority Act 2008 and to issue a notice as provided for by subsection (10) of that section.

(2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Office such additional functions connected with the functions for the time being of the Office as the Minister determines, subject to such conditions (if any) as may be specified in the order.

(b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

(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.

Education, training and research functions

31Q. (1) The Office shall conduct education and training programmes—

(a) for members of planning authorities and of regional assemblies in respect of—

(i) the role of such authorities, assemblies and their members under the Planning and Development Acts 2000 to 2018, including ministerial guidelines and policy directives under Chapter IV of Part II,

(ii) such matters relating to proper planning and sustainable development as the Minister may request, and

(iii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development,

(b) for members of the staff of local authorities or regional assemblies in respect of—

(i) such matters relating to proper planning and sustainable development as the Minister may request, and

(ii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development.

(2) The Office shall conduct research in relation to matters relevant to its functions as well as such other matters as may be requested of the Office by the Minister.

(3) The Office may enter into arrangements with any person or body that the Office considers to be suitably qualified, including any professional, educational or research organisation, to undertake the provision of such services that the Office sees fit to which paragraph (a) or (b) of subsection (1) or subsection (2) relates and that are relevant to its functions.

(4) The Office shall include in its annual report to the Minister under section 31AH a report on—

(a) education and training activities, and

(b) research activities,

undertaken by it in respect of the year to which that report relates.

Performance of functions by Office

31R. (1) Subject to this Part, the Office is independent in the performance of its functions.

(2) Subject to section 31O, the Office may perform any of its functions through any member of the staff of the Office duly authorised in that behalf—

(a) by the Planning Regulator, or

(b) to the extent provided for by the Planning Regulator under paragraph (a), by a director of the Office.

Office to have regard to certain policies and objectives and to requirements

31S. (1) The Office shall, in performing its functions, have regard to—

(a) the policies and objectives for the time being of the Government, a State authority (including Ministerial guidelines, policy directives and directions issued under Chapter IV of Part II), planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns, villages or other areas, whether urban or rural,

(b) the public interest and any effect the performance of the Office’s functions may have on issues of strategic, economic or social importance to the State,

(c) the National Planning Framework (or, where appropriate, the National Spatial Strategy) and any regional spatial and economic strategy for the time being in force, and

(d) the requirements of relevant acts of the European Union, in particular, those relating to—

(i) the Environmental Impact Assessment Directive,

(ii) 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^2,

(iii) the Habitats Directive, and

(iv) the Birds Directives,

in so far as those requirements relate to planning authorities by virtue of being designated as competent authorities for the purposes of those acts.

(2) In this section ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.

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.

Monitoring of performance of Office

31U. (1) The Office shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to the performance of its functions.

(2) The Minister may direct the Office in respect of matters referred to under subsection (5) where the Minister has requested information.

(3) Where the Minister gives a direction under subsection (2), the Office shall—

(a) report to the Minister the results of the review conducted pursuant to the direction, and

(b) comply with any direction the Minister may give in relation to all or any of the matters which were the subject of the review.

(4) The Office may make observations or submissions to the Minister as regards any matter pertaining to its functions.

(5) The Minister may consult with the Office as regards any matter pertaining to the performance of—

(a) the functions of the Office, or

(b) the functions assigned to the Minister by or under—

(i) the Planning and Development Acts 2000 to 2018, or

(ii) any other enactment in so far as those functions or the exercise of those functions relate or could relate to functions of the Office.

Consultation between Minister and Planning Regulator

31V. The Minister and the Planning Regulator shall, from time to time, consult with each other on matters relating to the functions of the Office and of the Planning Regulator.

Appointment and term of office of Planning Regulator

31W. (1) Subject to this section, the Planning Regulator shall be appointed by the Minister and shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Minister may determine with the consent of the Minister for Public Expenditure and Reform.

(2) A person shall not be appointed as the Planning Regulator unless—

(a) except where subsection (3) applies, the Public Appointments Service have, following holding a competition on behalf of the Office, selected him or her for nomination by the Minister to the Government for the purpose of approving his or her appointment as the Planning Regulator, and

(b) his or her appointment has upon nomination by the Minister been approved by the Government.

(3) Subsection (2)(a) does not apply to a person who would, if appointed, be serving a second consecutive term as the Planning Regulator.

(4) The Planning Regulator—

(a) shall be appointed in a wholetime capacity,

(b) shall be appointed for a term of office of 5 years or such shorter period where subsection (6)(b) applies, and

(c) shall not, at any time while holding office, hold any other office or employment in respect of which emoluments are made.

(5) A person shall not be appointed for a term of office as Planning Regulator more than twice, subject to any provision provided for by law relating to retirement that would apply to the person, but nothing in this paragraph shall be read as preventing a former planning regulator from being a member of the staff or, subject to the consent of the Minister for Public Expenditure and Reform where relevant, otherwise being employed by the Office.

(6) (a) The term of office of a person as Planning Regulator shall, except where paragraph (b) applies, be for the period of 5 years referred to in subsection (4)(b).

(b) Where, within the period of 5 years from the date of appointment as Planning Regulator, the person concerned would attain the age of 65 years and he or she is neither—

(i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004) appointed having been previously appointed to a position in the public service (within that meaning) on or after 1 April 2004, nor

(ii) a Scheme member within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012,