PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

• (ii) inserting the following paragraphs:

• “(o) a consent to a plan or project for which a screening for appropriate assessment is required under regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), and

• (p) a consent or notice under regulation 43 of those regulations.”.

62. Amendment of section 33 of Water Services (No. 2) Act 2013

62. Section 33 (which relates to a water services strategic plan) of the Water Services (No. 2) Act 2013 is amended in subsection (5)(b)(i) by inserting “in line with any development plans within the meaning of the Act of 2000, in particular with the core strategy under section 10 of that Act” after the words “proper planning and sustainable development”.

63. Amendment of section 5 of Act of 2015

63. Section 5 of the Act of 2015 is amended, in paragraph (a) of subsection (1), by substi-tuting the following subparagraph for subparagraph (iii):

• “(iii) the site, or the majority of the site is—

  • (I) vacant or idle, or

  • (II) being used for a purpose that does not consist solely or primarily of the provision of housing or the development of the site for the purpose of such provision, provided that the most recent purchase of the site occurred—

  • (A) after it became residential land, and

  • (B) before, on or after the commencement of section 63 of the Planning and Development (Amendment) Act 2018.”.

64. Vacant site levy

64. The Act of 2015 is amended by substituting the following section for section 16:

“16. (1) The amount of the vacant site levy shall—

• (a) in respect of the year 2018, be such amount as is equal to 3 per cent of the market value of the vacant site determined in accordance with section 12, and

• (b) in respect of the year 2019 and every subsequent year thereafter, be such amount as is equal to—

  • (i) 7 per cent, or

  • (ii) such other percentage (not exceeding 7 per cent) as may stand prescribed, for the time being, by regulations,

  of the market value of the vacant site determined in accordance with section 12.

• (2) The Minister shall, in prescribing a percentage for the purpose of subparagraph (ii) of paragraph (b) of subsection (1), have regard to changes in the value of property and the Residential Property Price Index published by the Central Statistics Office.

• (3) Where regulations under subparagraph (ii) of paragraph (b) of subsection (1) are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas not later than 3 months before the beginning of the year in which it is proposed that the regulations shall come into operation, and the regulations shall not be made unless a resolution approving the draft is passed by each such House.”.

65. Miscellaneous amendments of Act of 2015

65. The Act of 2015 is amended—

• (a) in section 3, by deleting the following:

“ ‘prescribe’ means prescribe by regulations;”,

• (b) in paragraph (d) of section 8, by inserting “by regulations” after “prescribe”,

• (c) in section 9, by—

• (i) substituting “was not a vacant site” for “, or a majority of the site, was not vacant or idle” in subsection (2), and

• (ii) substituting “a vacant site” for “vacant or idle” in subsection (3),

• (d) in subsection (2) of section 18, by substituting the following paragraph for paragraph (a):

• “(a) the site was no longer a vacant site on 1 January in the year concerned, or”,

and

• (e) by substituting the following section for section 25:

“25. (1) The Minister may make regulations for the purposes of this Part.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to—

  • (a) the establishment and maintenance of the register under section 6,

  • (b) the procedure for the making of an entry in the register under section 7,

  • (c) the procedure for the cancellation of an entry in the register,

  • (d) the form of notice to be given under section 7, 9, 11, 12, 13 or 18,

  • (e) the form of a demand for payment under section 15,

  • (f) the form of a receipt or certificate under section 21.

• (3) Regulations under this Part may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

• (4) Every regulation (other than a regulation under subparagraph (ii) of paragraph (b) of subsection (1) of section 16) or order under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

PART 5 Marine Spatial Plans

66. Interpretation

66. F2[...]

67. Competent authority

67. F3[...]

68. Application of Part

68. F4[...]

69. Marine spatial plans

69. F5[...]

70. Requirements of marine spatial planning

70. F6[...]

71. Public participation on marine spatial plans

71. F7[...]

72. Strategic environmental assessment and appropriate assessment

72. F8[...]

73. Laying of marine spatial plans before each House of Oireachtas

73. F9[...]

74. Compliance by public bodies

74. F10[...]

75. Directions of Minister

75. F11[...]

76. Revocation

76. F12[...]

SCHEDULE 1 Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000

Section 5 Reference Provision Amendment No. (1) (2) (3) 1 Section 11(2) Insert “, the Office of the Planning Regulator” after “the Minister”. 2 Section 12(1)(a) Insert “, the Office of the Planning Regulator” after “the Minister”. 3 Section Substitute “Minister,” for “Minister; and”. 12(4)(b)(ii)(I) 4 Section After clause (I), insert: 12(4)(b)(ii) “(IA) issues raised by the Office of the Planning Regulator, and”. 5 Section Insert “, or from the Office of the Planning Regulator,” 12(5)(aa) after “from the Minister”. 6 Section Insert “, the Office of the Planning Regulator” after “it 12(5)(aa) shall so inform the Minister”. 7 Section 12(7)(a) Insert “the Office of the Planning Regulator,” after “the Minister,”. 8 Section Insert “the Office of the Planning Regulator,” after 12(12)(c) “the Minister,”. 9 Section 12(17) Substitute “6 weeks” for “4 weeks”. 10 Section 13(2)(a) Insert “the Office of the Planning Regulator,” before “the Board”. 11 Section Delete “and”. 13(4)(b)(ii)(I) 12 Section After clause (I), insert: 13(4)(b)(ii) “(IA) issues raised by the Office of the Planning Regulator, and”. 13 Section Insert “, or from the Office of the Planning Regulator,” 13(5)(aa) after “from the Minister”. 14 Section Insert “, the Office of the Planning Regulator” after “it 13(5)(aa) shall so inform the Minister”. 15 Section 13(8)(c) Insert “the Office of the Planning Regulator,” before “the Board”. 16 Section 13(11) Substitute “6 weeks” for “4 weeks”. 17 Section 20(1) Insert “, the Office of the Planning Regulator” after “the Minister”. 18 Section Insert “the Office of the Planning Regulator,” after 20(3)(a)(i) “the Minister,”. 19 Section 20(3)(e) Insert “the Office of the Planning Regulator,” after “the Minister,”. 20 Section 20(4A) Substitute “6 weeks” for “4 weeks”. 21 Section 24(2) Insert “the Office of the Planning Regulator,” after “the Minister,”.

Reference Provision Amendment No. (1) (2) (3) 22 Section 24(4)(a) Insert “the Office of the Planning Regulator,” after “the Minister,”. 23 Section 27A Insert after subsection (4):

• “(5) A regional assembly shall send a copy of any report under this section to the Office of the Planning Regulator.”. 24 Section 27B(4) Insert “and the Office of the Planning Regulator” after “to the Minister”. 25 Section 27C(4) Insert “and the Office of the Planning Regulator” after “to the Minister”. 26 Section 31(1) Substitute “a local area plan or an amendment to a local area plan” for “or a local area plan”. 27 Section 31(1) Substitute “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” for “the Minister may”. 28 Section 31 Substitute for subsection (3):

• “(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 section 31AN(9) or 31AP(9), as the case may be.”. 29 Section 31 Substitute for subsection (5):

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

  • (a) to the chief executive and to the Cath-aoirleach 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.”. 30 Section 31(7) Substitute for paragraph (c):

• “(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 Plan-ning Regulator before it makes a recom-mendation to the Minister on the matter.”. 31 Section 31 Substitute for subsection (8):

Reference Provision Amendment No. (1) (2) (3)

• “(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 Plan-ning Regulator and the Minister.”. 32 Section 31 Substitute for subsection (10):

• “(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.”. 33 Section 31 Delete subsections (11) to (15). 34 Section 31 Substitute for subsection (16):

• “(16) Where paragraph (a) or (c) of section 31AN(9) 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.”. 35 Section 31 Substitute for subsection (20):

• “(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).”. 36 Section 31A(1) Insert after paragraph (d):

• “(e) the Office of the Planning Regulator has issued a notice to the Minister pursuant to section 31AQ(7) in respect of a regional assembly or assemblies, as the case may be,”. 37 Section 31A(1) Substitute “then, subject to compliance with the relevant provisions of sections 31AQ and 31AR, the Minister may” for “the Minister may”. 38 Section 31A Substitute for subsection (3):

• “(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a regional spatial and economic strategy is made, issue a notice in writing to a regional assembly Reference Provision Amendment No. (1) (2) (3)

or regional assemblies, as the case may be, consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AR(9).”. 39 Section 31A Substitute for subsection (5):

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

  • (a) to the regional assembly or regional assemblies concerned, as the case may be,

  • (b) to the Office of the Planning Regu-lator, and

  • (c) to the National Transport Authority.”. 40 Section 31A(7) Substitute for paragraph (c):

• “(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly or regional assemblies, as the case may be, during such period and shall be taken into consideration by the Office of the Plan-ning Regulator before it makes a recom-mendation to the Minister on the matter.”. 41 Section 31A Substitute for subsection (8):

• “(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the members of the regional assembly or regional assemblies, as the case may be, the Office of the Planning Regulator and the Minister.”. 42 Section 31A Substitute for subsection (10):

• “(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—

  • (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.”. 43 Section 31A Delete subsections (11) to (15). 44 Section 31A Substitute for subsection (16):

• “(16) Where paragraph (a) or (c) of section 31AR(9) applies to a matter to which this

Reference Provision Amendment No. (1) (2) (3)

section relates, then the Minister shall issue a direction accordingly.”. 45 Section 31A Substitute for subsection (20):

• “(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).”.

SCHEDULE 2 Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local Authorities, etc.

Section 6 Refer- Provision Amendment ence No. (1) (2) (3) 1 Section 2(1) Delete definition of “manager”. 2 Section 2(1) After definition of “chairperson” insert the following definition:

“ ‘chief executive’, in relation to a local authority, including a local authority exercising functions as a planning authority, means the chief executive appointed under Chapter 2 of Part 14 (as amended by section 54 of the Local Government Reform Act 2014) of the Local Government Act 2001; 3 Section 5(6) In paragraph (d) substitute “chief executive” for “manager”. 4 Section 11(4) In paragraph (a) substitute “chief executive” for “manager”. 5 Section 11(4) In paragraph (b)(iii) substitute “chief executive” for “manager”. 6 Section 11(4) In paragraph (b)(iv) substitute “chief executive’s recommendations” for “manager’s recommenda-tions”. 7 Section 11(4) In paragraphs (bb) and (bc) substitute “chief exec-utive” for “manager”. 8 Section 11(4) In paragraph (d) substitute “chief executive” for “manager” in both places where it occurs.

Refer- Provision Amendment ence No. (1) (2) (3) 9 Section 11(5) In paragraphs (a) and (b) substitute “chief execut-ive” for “manager”. 10 Section 12(4) In paragraph (a) substitute “chief executive” for “manager”. 11 Section 12(4) In paragraph (b)(iii) substitute “chief executive” for “manager”. 12 Section 12(4) In paragraphs (bb) and (bc) substitute “chief exec-utive” for “manager”. 13 Section 12(5) In paragraphs (a) and (aa) substitute “chief execut-ive” for “manager”. 14 Section 12(5) In paragraph (b) substitute “chief executive’s report” for “manager’s report” in both places where it occurs. 15 Section 12(6) Substitute “chief executive’s report” for “manager’s report”. 16 Section 12(7) In paragraphs (ab) and (ae) substitute “chief exec-utive” for “manager”. 17 Section 12(8) In paragraph (a) substitute “chief executive” for “manager”. 18 Section 12(8) In paragraph (b)(iii) substitute “chief executive” for “manager”. 19 Section 12(9) In paragraph (a) substitute “chief executive” for “manager”. 20 Section 12(9) In paragraph (b) substitute “chief executive’s report” for “manager’s report” in both places where it occurs. 21 Section 12(10) In paragraph (a) substitute “chief executive’s report” for “manager’s report”. 22 Section 12(14) In paragraph (a) substitute “chief executive” for “manager” in both places where it occurs. 23 Section 12(14) In paragraph (b)(ii)(II) substitute “chief executive” for “manager”. 24 Section 13(4) In paragraph (a) substitute “chief executive” for “manager.”. 25 Section 13(4) In paragraph (b)(iii), (bb) and (bc) substitute “chief executive” for “manager”. 26 Section 13(5) In paragraphs (a) and (aa) substitute “chief execut-ive” for “manager”. 27 Section 13(5) In paragraph (b) substitute “chief executive’s report” for “manager’s report” in both places where it occurs. 28 Section 13(6) In paragraph (a) substitute “chief executive’s report” for “manager’s report”. 29 Section 13(6) In paragraphs (ab) and (ae) substitute “chief exec-utive” for “manager”. 30 Section 15(2) Substitute “chief executive” for “manager”. 31 Section 16(2) Substitute “chief executive” for “manager”. 32 Section 16(3) Substitute “chief executive” for “manager”.

Refer- Provision Amendment ence No. (1) (2) (3) 33 Section 19(1) In subparagraphs (i) and (ii) of paragraph (e) substitute “chief executive” for “manager”. 34 Section 20(3) In subparagraph (i) of paragraph (c) substitute “chief executive” for “manager”. 35 Section 20(3) In subparagraph (ii)(III) of paragraph (c) substitute “chief executive” for “manager”. 36 Section 20(3) In paragraph (cc) substitute “chief executive” for “manager”. 37 Section 20(3) In subparagraph (i) and (ii) of paragraph (d) substitute “chief executive” for “manager” and in subparagraph (ii)(I) of that paragraph substitute “chief executive’s report” for “manager’s report”. 38 Section 20(3) In paragraph (e) to substitute “chief executive’s report” for “manager’s report”. 39 Section 20(3) In paragraphs (g) and (i) substitute “chief executive” for “manager”. 40 Section 20(3) In paragraph (k) substitute “chief executive” for “manager” in both places where it occurs. 41 Section 20(3) In paragraphs (l)(iii) and (m) substitute “chief executive” for “manager”. 42 Section 20(3) In paragraph (n) substitute “chief executive’s report” for “manager’s report”. 43 Section 31(2) Substitute “chief executive” for “Manager”. 44 Section 31(5) Substitute “chief executive” for “manager”. 45 Section 31(7) Substitute “chief executive” for “manager”. 46 Section 31(8) Substitute “chief executive” for “manager”. 47 Section 31(13) In paragraph (b) substitute “chief executive” for “manager”. 48 Section 31(14) Substitute “chief executive” for “manager”. 49 Section 31A(2) Substitute “chief executive” for “Manager”. 50 Section 34(10) In paragraph (b) substitute “chief executive” for “manager”. 51 Section 37E(5) Substitute “chief executive” for “manager”. 52 Section 48(6) In paragraphs (a) and (b)(iii) substitute “chief executive” for “manager”. 53 Section 48(7) Substitute “chief executive” for “manager”. 54 Section 48(8) In paragraphs (a) and (b) substitute “chief execut-ive’s report” for “manager’s report” in each place where it occurs. 55 Section 85(5) In paragraphs (a) and (b)(iii) substitute “chief executive” for “manager”. 56 Section 85(6) Substitute “chief executive” for “manager”. 57 Section 85(7) Substitute “chief executive” for “manager”. 58 Section 95(3) In paragraphs (a) and (b) substitute “chief execut-ive” for “manager” in each place where it occurs. 59 Section 147(13) In paragraph (a)(i) substitute “chief executive” for “manager” in both places where it occurs. 60 Section 147(13) In paragraph (a) substitute for subparagraph (ii):

Refer- Provision Amendment ence No. (1) (2) (3)

• “(ii) the deputy chief executive (within the meaning of section 148, inser-ted by section 54 of the Local Government Reform Act 2014, of the Local Government Act 2001) of a local authority shall be deemed to be an officer of the planning authority concerned, and”. 61 Section 148(4) Substitute “chief executive” for “manager”. 62 Section 148(5) In paragraph (b) substitute “chief executive” for “manager” in each place where it occurs. 63 Section 169(3) In paragraphs (a) and (b)(iii) substitute “chief executive” for “manager”. 64 Section 169(4) In paragraphs (a), (bb) and (be) substitute “chief executive” for “manager”. 65 Section 177I(2) In paragraph (e) substitute “chief executive” for “manager”. 66 Section 179(3) In F13[paragraph (b)(iv)] substitute “chief executive” for “manager”. 67 Section 179(4) In paragraph (a) substitute “chief executive” for “manager”. 68 Section 179(4) In paragraphs (b) and (c) substitute “chief execut-ive’s report” for “manager’s report” in each place where it occurs. 69 Section 179(6) In paragraph (b) substitute “chief executive” for “manager”. 70 Section 238(3) In paragraphs (a), (b)(iv) and (c) substitute “chief executive” for “manager”. 71 Section 238(3) In paragraphs (d) and (e) substitute “chief execut-ive’s report” for “manager’s report” in each place where it occurs.

SCHEDULE 3

National Planning Framework and References to National Spatial Strategy

Section 18(2) Refer- Short title of Provision Amendment ence Act No. (1) (2) (3) (4) 1 Planning and Section 10 In subsection (1A) substitute “National Plan- Development ning Framework” for “National Spatial Act 2000 Strategy”. 2 Section 10 In paragraphs (a) and (f)(i) of subsection (2A) substitute “National Planning Framework” for “National Spatial Strategy”.

Refer- Short title of Provision Amendment ence Act No. (1) (2) (3) (4) 3 Section 10 In subsection (2C)(a) substitute “National Planning Framework” for “National Spatial Strategy”. 4 Section 22A In subsection (3) substitute “National Planning Framework” for “National Spatial Strategy”. 5 Section 23 In subsection (1)(a) substitute “National Planning Framework” for “National Spatial Strategy” in both places where it occurs. 6 Section 23 In subsection (2)(a) substitute “National Planning Framework” for “National Spatial Strategy”. 7 Section 23 In subsection (3)(a)(iii) substitute “National Planning Framework” for “National Spatial Strategy or any successor strategy”. 8 Section 27A In subsection (3)(b) substitute “regional development through maximising the potential of the regions” for “balanced regional devel-opment”. 9 Section 37A In subsection (2)(b) substitute “National Planning Framework” for “National Spatial Strategy”. 10 Section 143 In subsection (1)(c) substitute “National Planning Framework” for “National Spatial Strategy”. 11 Section 177T In subsection (3) substitute “As respects a draft National Planning Framework, the Government shall prepare a Natura impact report in relation to a draft Land use plan and the following bodies shall also prepare a Natura impact report in relation to a draft Land use plan” for “ The following bodies shall prepare a Natura impact report in relation to a draft Land use plan”. 12 Water Section 30 In subsection (3)(c) substitute “National Services Act Planning Framework” for “National Spatial 2007 Strategy”. 13 Dublin Trans- Section 2 Delete definition of “National Spatial port Author- Strategy”. ity Act 2008 14 Section 12 In subsection (5)(a) substitute “National Planning Framework” for “National Spatial Strategy”. 15 Public Trans- Section 2 Delete definition of “National Spatial port Regula- Strategy”. tion Act 2009 16 Section 10 In subsection (1)(b)(v) substitute “National Planning Framework” for “National Spatial Strategy”. 17 Water Section 33 In subsection (5)(a)(i) substitute “National Services Planning Framework” for “National Spatial (No. Strategy”. 2) Act 2013

Refer- Short title of Provision Amendment ence Act No. (1) (2) (3) (4) 18 Section 33 Delete subsection (12).

SCHEDULE 4

Amendment to Planning and Development Act 2000

Publication on Website of a Planning Authority of Certain Submissions and Observations, and Reports of the Chief Executive, Relating to Planning Process

Section 19 Refer- Provi- Amendment ence sion No. (1) (2) (3) 1 Section After subsection (5) insert: 9 “(5A) (a) Written observations or submissions received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

• (b) Publication in accordance with paragraph (a)—

  • (i) does not apply where the planning authority is of the opinion that the observation or submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

  • (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the observations or submissions concerned,

  • (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the observations or submissions concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

  • (iv) does not apply where the observations or submissions relate to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the

  Refer- Provi- Amendment ence sion No. (1) (2) (3)

  observations or submissions relate to matters prescribed by the Minister.”. 2 Section After subsection (3) insert: 11 “(3A) (a) Written submissions or observations received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

• (b) Publication in accordance with paragraph (a)—

  • (i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

  • (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

  • (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

  • (iv) does not apply where the submission or observa-tion relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”. 3 Section After paragraph (a) insert: 11(4) “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following its preparation.”. 4 Section After paragraph (a) insert: 12(4) “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”. 5 Section After paragraph (a) insert: 12(8)

  Refer- Provi- Amendment ence sion No. (1) (2) (3)

• “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”. 6 Section After subsection (8) insert: 12 “(8A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

• (b) Publication in accordance with paragraph (a)—

  • (i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

  • (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

  • (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

  • (iv) does not apply where the submission or observa-tion relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”. 7 Section After subsection (3) insert: 13 “(3A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

• (b) Publication in accordance with paragraph (a)—

  • (i) does not apply where the planning authority is of the opinion that the submission or observation is vexa-tious, libellous or contains confidential information relating to a third party in respect of which the third Refer- Provi- Amendment ence sion No. (1) (2) (3)

  party has not, expressly, or impliedly in the circum-stances, consented to its disclosure,

  • (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

  • (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

  • (iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”. 8 Section After paragraph (a) insert: 13(4) “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”. 9 Section After subparagraph (i) insert: 20(3)(c) “(ia) A chief executive’s report prepared for the purposes of subparagraph (i) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under subparagraph (i).”. 10 Section After paragraph ( j) insert: 20(3) “( ja) (i) Written submissions or observations received by a planning authority under this subsection shall, subject to subparagraph (ii), be published on the website of the authority within 10 working days of its receipt by that authority.

  • (ii) Publication in accordance with subparagraph (i)— (I) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

    • (II) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in subpara-graph (i), legal advice to the effect that it should not publish under that subparagraph or should

    Refer- Provi- Amendment ence sion No. (1) (2) (3)

    cease to so publish, as the case may be, the submission or observation concerned,

    • (III) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in subparagraph (i), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

    • (IV) does not apply where the submission or observa-tion relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”. 11 Section After paragraph (k) insert: 20(3) “(ka) A chief executive’s report prepared for the purposes of paragraph (k) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (k).”.

Footnotes