PLANNING AND DEVELOPMENT ACT 2024

• (c) clarifying the terms of the permission or decision, or

• (d) facilitating the implementation or operation of the permission or decision,

and the Planning Commissioner shall make that amendment in accordance with the terms of the authorisation.

• (2) The Commission shall not exercise the power under subsection (1) if the amendment is a material alteration of the terms of a development the subject of the permission or decision.

• (3) Before the Commission decides whether to make an authorisation under subsection (1) in a particular case, the Commission may invite submissions in relation to the matter to be made to it by any person who made submissions to the Commission in relation to the permission or decision, and shall have regard to any submissions made to it on foot of that invitation.

• (4) In this section “permission” includes a permission granted by An Bord Pleanála under the Act of 2000 or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 but does not include outline permission within the meaning of section 96.

Chapter 5 Organisational Matters

517. Grants to Commission

517. There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Commission in each financial year out of moneys provided by the Oireachtas, a grant or grants of such amount or amounts as the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, and after consultation with the Governing Board in relation to the Commission’s programme of expenditure for that year, may fix.

518. Accounts and audits of Commission

518. (1) The chief executive officer, in consultation with the Governing Board, shall—

• (a) submit estimates of the income and expenditure of the Commission to the Minister in such form, in respect of such periods, and at such times, as may be specified by the Minister, and

• (b) provide to the Minister any information which the Minister may require regarding those estimates or regarding the proposals and plans of the Commission in respect of a period specified by the Minister.

• (2) The chief executive officer shall keep, in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, all proper and usual accounts of moneys received and spent by the Commission, including an income and expenditure account and a balance sheet.

• (3) The chief executive officer or other member of the staff of the Commission to whom duties relating to accounts have been assigned shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Commission in respect of any financial year, or other period, and shall facilitate any such examination, and the Commission shall pay to the Minister such fee for the examination as may be fixed by the Minister.

• (4) The accounts of the Commission shall be signed by the chief executive officer as soon as practicable after, but not later than 3 months after, the end of the accounting period to which they relate, and shall be submitted by him or her to the Comptroller and Auditor General for audit.

• (5) A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the chief executive officer and the Minister, by the Comptroller and Auditor General, as soon as practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee.

519. Accountability of chief executive officer to Committee of Public Accounts

519. (1) The chief executive officer shall, whenever required in writing to do so by the Committee of Public Accounts, give evidence to that Committee in relation to—

• (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare or keep,

• (b) the economy and efficiency of the Commission in the use of its resources,

• (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under subsection (2) of section 11 of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) In the performance of his or her duties under this section, the chief executive officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

• (3) In appearing before the Committee of Public Accounts, the chief executive officer appears as a person accountable to the Committee and not as an accounting officer.

• (4) If the chief executive officer is unable to attend before the Committee of Public Accounts he or she or, in the chief executive officer’s absence, the Governing Board, may nominate a senior officer of the Commission to attend on behalf of the chief executive officer and this section shall apply to a person so nominated.

520. Accountability of chief executive officer to other Oireachtas committees

520. (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Public Accounts or a Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

• (2) Subject to subsection (3), the chief executive officer shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission.

• (3) The chief executive officer shall not be required to give account before a Committee for any matter which is or has been or may be at a future date, the subject of proceedings before a court or tribunal in the State.

• (4) Where the chief executive officer is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at the time when the chief executive officer is before it, the information shall be so conveyed in writing.

• (5) Where the chief executive officer has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to the subject matter of that opinion—

• (a) the chief executive officer may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subsection (3) applies, or

• (b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

• (6) Pending the determination of an application under subsection (5), the chief executive officer shall not attend before the Committee to give account for the matter that is the subject of the application.

• (7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2) but if the High Court determines that subsection (3) does not apply, the chief executive officer shall attend before the Committee to give account for the matter.

• (8) The chief executive officer, in giving evidence under subsection (2), shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

• (9) Any evidence given under subsection (2) shall, subject to preserving confidentiality in relation to such information as is determined by the Governing Board to be commercially sensitive, relate to the policies of the Commission.

• (10) If the chief executive officer is unable to attend before a Committee he or she or, in the chief executive officer’s absence, the Governing Board, may nominate a senior officer of the Commission to attend on behalf of the chief executive officer and this section shall apply to a person so nominated.

521. Statement of strategy

521. (1) The Governing Board shall, as soon as practicable after the commencement of this section and thereafter within the period of 6 months before each third anniversary of that date, prepare and submit to the Minister a strategy statement for the period of 3 years immediately following the year in which the statement is submitted.

• (2) The Minister may issue a direction in writing to the Governing Board in relation to the form and manner in which a strategy statement shall be prepared under subsection (1) and the Governing Board shall comply with the direction.

• (3) The Minister shall, as soon as practicable after a strategy statement has been submitted to him or her under subsection (1), cause a copy of the statement to be laid before each House of the Oireachtas.

• (4) In this section “strategy statement” means a statement of the key objectives and outputs of the Commission, and the strategies (including the use of its resources) it intends to use to achieve those objectives and realise those outputs.

522. Annual report

522. (1) The Governing Board shall, not later than the 30th day of June in each year, prepare a report (in this section referred to as an “annual report”), which shall include—

• (a) information on the performance of the Commission’s functions and its principal activities during the preceding year,

• (b) the Commission’s main achievements in attaining the objectives and realising the outputs set out in the strategy statement for the time being prepared under section 521,

• (c) the matters referred to in subsection (5) of section 113, subsection (9) of section 126, subsection (8) of section 147, subsection (8) of section 361, and subsection (7) of section 419,

• (d) a statement of the names of the persons (if any) engaged under section 390 during the preceding year, and

• (e) such other matters as the Minister may specify to the Governing Board in writing.

• (2) The Chief Planning Commissioner shall, for the purpose of the preparation of the annual report and on the request of the Governing Board, provide any information requested by the Governing Board to the Governing Board.

• (3) The chief executive officer shall cause a copy of the annual report to be sent to the Minister and the Minister shall, as soon as practicable thereafter, cause a copy to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee.

• (4) The chief executive officer shall, at the request in writing of the relevant Oireachtas Committee, attend before it to account for matters in relation to the annual report.

523. Declaration of interests

523. (1) A relevant person shall sign and give to the Commission a declaration, in such form as may be prescribed—

• (a) containing particulars in relation to each interest referred to in subsection (2), or

• (b) where he or she has no such interest, stating that to be the case.

• (2) Subject to subsections (4) and (5), the interests referred to in subsection (1) are—

• (a) any legal or beneficial interest the relevant person has in land or a maritime site, including where the relevant person, or any nominee of his or hers, is a member of a company or other body which has an interest in land or a maritime site and, without prejudice to the foregoing, including—

• (i) any interest in a contract for the purchase of land or a maritime site, whether or not a deposit or part payment has been made under the contract, and

• (ii) any interest in—

• (I) an option to purchase land or a maritime site, whether or not any consideration has been paid in respect of the option, or

• (II) land or a maritime site in respect of which such an option has been exercised but which has not yet been conveyed,

but excluding any interest in land or a maritime site consisting of an interest in a private home (within the meaning of paragraph 1(4) of the Second Schedule to the Ethics in Public Office Act 1995) where the relevant person is the person occupying the private home,

• (b) any business of dealing in or developing land or a maritime site in which the person is engaged or employed and any such business carried on by a company or other body of which he or she, or any nominee or trustee of his or hers, is a member, and

• (c) any profession, business or occupation in which the person is engaged, whether on his or her own behalf or otherwise, and which relates to dealing in or developing land or a maritime site.

• (3)
• (a) Subject to subsections (4) and (5), a declaration under subsection (1) shall be given by a relevant person—

• (i) within 28 days of the day on which he or she becomes such a person, and

• (ii) thereafter, at least annually.

• (b) Notwithstanding paragraph (a), a relevant person shall, where—

• (i) there is a change regarding an interest contained in a declaration made under subsection (1), or

• (ii) another interest referred to in subsection (2) is acquired by him or her,

give to the Commission a further declaration under subsection (1) in respect of that change or interest within 10 working days of the day on which the change occurs or the other interest is acquired.

• (4) A relevant person shall not be regarded as having an interest referred to in subsection (2), if the interest is so remote or insignificant that it cannot reasonably be regarded as likely to influence the relevant person in considering or discussing, or in voting on, any question with respect to any matter arising or coming before the Commission or in performing any function in relation to any such matter.

• (5) Where a relevant person has an interest referred to in subsection (2) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her nominee or trustee and the total value of those shares does not exceed the lesser of—

• (a) €13,000, or

• (b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class or classes of shares in which he or she has an interest,

subsections (1) and (3) shall not apply in relation to that interest.

• (6) The Commission shall, for the purposes of this section, keep a register (in this section referred to as the “register of interests”) and shall enter in it the particulars contained in declarations given to the Commission under this section.

• (7) The register of interests shall be kept at the offices of the Commission and shall be available for public inspection during office hours.

• (8) Where a person ceases to be a relevant person, any particulars entered in the register of interests as a result of a declaration given by the person to the Commission under subsection (1) shall be removed from the register of interests by the Commission, as soon as may be after the expiry of the period of 5 years beginning on the day on which the person ceases to be such a person.

• (9) Subject to subsection (10), a person who fails to comply with subsection (1) or (3) or who, when purporting to comply with subsection (1) or (3), gives particulars in a declaration that are false or misleading in a material respect, shall be guilty of an offence.

• (10) In any proceedings for an offence under subsection (9) it shall be a defence for the defendant to prove that at the relevant time he or she believed, in good faith and upon reasonable grounds, that—

• (a) the particulars were true,

• (b) there was no interest as regards which he or she was then required to make a declaration under subsection (1) or (3), or

• (c) that the interest in relation to which the offence is alleged to have been committed was not one as regards which he or she was required to make such a declaration.

• (11) Where a relevant person has complied with section 147 of the Act of 2000 in respect of the year in which that section is repealed by section 6, he or she shall be deemed to have complied with this section in respect of that year.

• (12) In this section “relevant person” means—

• (a) a member of the Governing Board,

• (b) a Planning Commissioner,

• (c) the chief executive officer or other member of the staff of the Commission, or

• (d) any other person—

• (i) whose services are availed of by the Commission, and

• (ii) who is of a class, description or grade prescribed by the Minister for the purposes of this section.

524. Provisions relating to offence under section 523

524. (1) Proceedings for an offence under section 523 shall not be instituted except by, or with the consent of, the Director of Public Prosecutions.

• (2) Where a person fails to comply with section 523, the fact of the failure to comply, shall not invalidate any act or proceeding of the person or the Commission.

525. Liability for acts and omissions

525. (1) A person who is or was a relevant person shall not be liable for damages for anything done, anything purported to be done or anything omitted to be done by him or her in performing his or her functions under this Act, unless the act or omission is shown to have been done in bad faith.

• (2) In this section “relevant person” means—

• (a) a Planning Commissioner,

• (b) a member of the Governing Board,

• (c) a person engaged under section 390, and

• (d) a member of the staff of the Commission (including the chief executive officer).

526. Superannuation of Planning Commissioners

526. (1) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, make a scheme for the granting of superannuation benefits including pensions, gratuities or other allowances payable on retirement or death to or in respect of Planning Commissioners ceasing to hold office.

• (2) A scheme under this section may provide that the termination of the appointment of a Planning Commissioner during that person’s term of office shall not preclude the award to him or her under the scheme of a superannuation benefit.

• (3) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, amend or revoke a scheme made by him or her under this section.

• (4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure, National Development Plan Delivery and Reform, whose decision shall be final.

• (5) A scheme under this section shall be carried out by the Governing Board in accordance with its terms.

• (6) No superannuation benefit shall be granted by the Commission to or in respect of any person referred to in subsection (1) ceasing to hold office otherwise than in accordance with a scheme under this section.

• (7) A scheme made under this section shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to or in respect of that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

• (8) A scheme may be amended or revoked by a subsequent scheme made under this section.

• (9) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

527. Staff of Commission

527. (1) Subject to subsection (2), the Governing Board shall appoint such and so many persons to be members of the staff of the Commission as the Governing Board determines, having regard to the need to ensure that an adequate number of staff are competent in the Irish language so as to enable the Commission to provide service through Irish as well as English.

• (2) The appointment of staff under subsection (1) shall be subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, as to the number and grade of those staff.

• (3) A member of the staff of the Commission shall hold his or her employment on such terms and conditions as the Governing Board, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determines.

• (4) There shall be paid by the Commission to the members of its staff out of moneys at its disposal such remuneration and allowances as the Governing Board may, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

• (5) The Commission may perform any of its functions (other than the final determination of a particular case with which the Commission is concerned) through or by any member of the staff of the Commission or any other person who has been duly authorised by the Commission in that behalf.

528. Superannuation of staff of Commission

528. (1) The Governing Board may prepare and submit to the Minister for his or her approval, a scheme for the granting of superannuation benefits, including pensions, gratuities and other allowances payable on retirement or death, to or in respect of members of the staff of the Commission, including the chief executive officer, as it considers appropriate.

• (2) The Governing Board may prepare and submit to the Minister a scheme amending or revoking a scheme under this section.

• (3) Where a scheme is submitted to the Minister pursuant to this section, the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, approve the scheme without modification or with such modification (whether by way of addition, omission or variation) as the Minister shall, with such consent, think proper.

• (4) A scheme submitted to the Minister under this section shall, if approved by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, be carried out by the Governing Board in accordance with its terms.

• (5) A scheme approved under this section shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

• (6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure, National Development Plan Delivery and Reform, whose decision shall be final.

• (7) A scheme made under this section shall not provide for the granting of superannuation benefits to or in respect of any person where the Single Public Service Pension Scheme applies to or in respect of that person by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012.

• (8) Every scheme approved under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved and if either House within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

• (9) A scheme under section 121 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force and have effect on and after that repeal as if made under this section.

529. Effect of repeal of section 120 of Act of 2000 on existing employees

529. The repeal of section 120 of the Act of 2000 by section 6 shall not affect the terms and conditions of employment of a person who, immediately before such repeal, was employed—

• (a) pursuant to an appointment under subsection (1) of the said section 120, or

• (b) under subsection (2) of the said section 120.

530. Provision of services and resources by Minister to Commission or by Commission to Minister

530. (1) For the purposes of enabling the Commission to perform its functions, the Minister may provide services (including services of staff on secondment) to the Commission on such terms and conditions (including payment for such services) as may be agreed by the Minister and the Commission, after consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, and the Commission may avail of such services.

• (2) The Commission may provide services (including services of staff) to the Minister on such terms and conditions (including payment for such services) as may be agreed by the Minister and the Commission, after consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, and the Minister may avail of such services.

• (3) Without prejudice to subsection (1), the Minister may make available or cause to be made available to the Commission, on a request being made by the chief executive officer, premises, equipment, services and other resources for the purpose of the performance by the Commission of its functions, as the Commission considers appropriate from time to time in consultation with the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (4) Without prejudice to subsection (3), the Minister may, subject to the agreement of the relevant chief executive (by whatever name called) of any public body under the Minister’s aegis, including any local authority, provide for the provision of services to the Commission by the public body under that subsection.

• (5) The repeal of section 122 of the Act of 2000 by section 6 shall not affect any arrangement for the provision of a service under that section made before that repeal.

531. Membership of either House of Oireachtas, European Parliament or local authority

531. (1) Where a Planning Commissioner—

• (a) is nominated as a member of Seanad Éireann,

• (b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

• (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or

• (d) becomes a member of a local authority,

he or she shall thereupon cease to be a Planning Commissioner.

• (2) Where a member of the Governing Board, or a member of the staff of the Commission (including the chief executive officer)—

• (a) is nominated as a member of Seanad Éireann,

• (b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament,

• (c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, or

• (d) becomes a member of a local authority,

he or she shall thereupon be deemed to stand seconded from his or her office or position, as the case may be, and shall not be paid by, or be entitled to receive from, the Commission any remuneration or allowances for expenses in respect of the period commencing on such nomination or election or when he or she is so regarded as having been elected or on becoming such a member, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority.

• (3) A person who is—

• (a) entitled under the Standing Orders of either House of the Oireachtas to sit therein,

• (b) a member of the European Parliament, or

• (c) entitled under the Standing Orders of a local authority to sit as a member thereof,

shall be ineligible for appointment as a Planning Commissioner, a member of the Governing Board, or a member of the staff of the Commission (including the chief executive officer).

532. Continued application of section 110 of Act of 2000 for certain purposes

532. (1) Notwithstanding the repeal of subsection (2) of section 110 of the Act of 2000 effected by section 6, the said section 110 shall continue to apply and have effect in relation to a requirement made, or investigation commenced, under that subsection before that repeal.

• (2) Notwithstanding the repeal of subsection (3) of section 110 of the Act of 2000 effected by section 6, the said section 110 shall continue to apply and have effect in relation to a request made, or investigation commenced, under that subsection before that repeal.

533. Effect of repeal of section 115 of Act of 2000

533. The repeal of section 115 of the Act of 2000 by section 6 shall not affect the obligation of the Commission under that section in relation to a duty discharged before the repeal of that section.

534. Scheme under section 119 of Act of 2000

534. A scheme under section 119 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall continue in force and have effect after that repeal as if made under section 526.

535. Continued application of Chapter III of Part VI of Act of 2000 for certain purposes

535. (1) Notwithstanding the repeal of Chapter III of Part VI of the Act of 2000 effected by section 6, that Chapter shall, to the extent that it applied to an application, appeal, referral or request immediately before that repeal, continue to apply and have effect in relation to each such—

• (a) application, appeal or referral pending immediately before that repeal, and

• (b) request made (but not fully complied with) before that repeal.

• (2) Regulations under section 142 of the Act of 2000 shall, to such extent only as is necessary for the purposes of subsection (1), continue in force and have effect on and after the repeal of that section by section 6.

PART 18 Office of Planning Regulator

Chapter 1 Definitions

536. Definitions

536. In this Part—

“Advisory Board” has the meaning assigned to it by section 542;

“Deputy Planning Regulator” means the person designated under subsection (5) of section 557 to be the Deputy Planning Regulator;

“Office” means the Office of the Planning Regulator.

Chapter 2 Office and Functions

537. Continuance of Office of Planning Regulator

537. (1) Notwithstanding the repeal of section 31M of the Act of 2000 effected by section 6—

• (a) the body known as the Office of the Planning Regulator shall continue in being in accordance with this Act, and

• (b) anything commenced, but not completed, by the Office before such repeal may be carried on and completed by the Office on and after the repeal as if that enactment had not been repealed.

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

538. Planning Regulator

538. (1) There shall be a Planning Regulator appointed in accordance with section 540.

• (2) Notwithstanding the repeal of sections 31N and 31W of the Act of 2000 effected by section 6, the person who immediately before such repeal stood appointed as the Planning Regulator shall continue in office as the Planning Regulator in accordance with the terms and conditions of his or her appointment.

• (3) The Planning Regulator shall be the chief executive of the Office.

• (4) The Planning Regulator 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.

• (5) 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.

• (6) The Planning Regulator shall, subject to this Part, be independent in the performance of his or her functions.

• (7) The seal of the Planning Regulator (in this section referred to as the “seal”) shall be authenticated by—

• (a) the signature of the Planning Regulator,

• (b) the signature of the Deputy Planning Regulator, or

• (c) 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.

• (8) 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 (7)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

• (9) 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.

539. Deputy Planning Regulator

539. (1) There shall be a Deputy Planning Regulator designated in accordance with subsection (5) of section 557.

• (2) The Deputy Planning Regulator shall fulfil all duties and functions for the time being vested in the Planning Regulator during—

• (a) any temporary absence of the Planning Regulator,

• (b) any temporary incapacity of the Planning Regulator through illness or otherwise, or

• (c) any occasion on which the office of the Planning Regulator stands vacant pending appointment of the Planning Regulator in accordance with section 540.

540. Appointment of Planning Regulator

540. (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, National Development Plan Delivery and Reform.

• (2) Subject to subsection (3), a person shall not be appointed as the Planning Regulator unless—

• (a) a competition has been held for that purpose under section 47 of the Public Service Management (Recruitment and Appointments) Act 2004 and the Public Appointments Service has recommended the person for nomination for appointment as the Planning Regulator, and

• (b) the Government has approved the appointment.

• (3) Paragraph (a) of subsection (2) shall not apply to a person who would, if appointed, be serving a second consecutive term as the Planning Regulator.

• (4) In carrying out the competition referred to in paragraph (a) of subsection (2), the Public Appointments Service shall appoint a selection panel to assist it.

• (5) The Public Appointments Service shall ensure that a person is recommended under paragraph (a) of subsection (2) for appointment only if it is satisfied that the person has the qualifications, experience and skills to perform effectively the functions of the Planning Regulator.

• (6) The Planning Regulator shall—

• (a) be appointed in a full-time capacity,

• (b) be appointed for a term of office of 5 years or such shorter period where subsection (8) applies, and

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

• (7) 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.

• (8) Where a person appointed as Planning Regulator would, within 5 years from the date of appointment, attain the age of 70 years and he or she is neither—

• (a) 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

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

then his or her term of office as Planning Regulator shall be such that the term ceases upon his or her attaining the age of 70 years.

• (9) As soon as practical after the appointment of a person as the Planning Regulator, the Minister shall cause a notice of the appointment to be published in Iris Oifigiúil.

541. Resignation and removal of Planning Regulator

541. (1) The Planning Regulator may at any time resign his or her office by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister receives notice of the resignation.

• (2) The Planning Regulator may be removed from office by the Government if—

• (a) in the opinion of the Government, the Planning Regulator has become incapable through ill-health of effectively performing his or her functions,

• (b) in the opinion of the Government, the Planning Regulator has committed stated misbehaviour,

• (c) the Planning Regulator is convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment,

• (d) the Planning Regulator is convicted of an offence involving fraud or dishonesty,

• (e) the Planning Regulator is adjudicated bankrupt in the State or another jurisdiction and the bankruptcy is not discharged or annulled in the State or that other jurisdiction, as appropriate, or

• (f) the removal of the Planning Regulator appears to the Government to be necessary for the effective performance by the Office of its functions.

• (3) Where the Planning Regulator is removed from office under this section, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal.

542. Advisory Board

542. (1) The Office shall have an Advisory Board (in this Part referred to as the “Advisory Board”).

• (2) The Advisory Board shall—

• (a) consult with, guide and advise the Planning Regulator in relation to the strategic direction of the Office, including the preparation of a strategy statement in accordance with section 550,

• (b) when requested to do so by the Planning Regulator, in accordance with section 545, consult with, guide and advise the Planning Regulator as so requested, in relation to the performance of the functions of the Office,

• (c) monitor the implementation by the Planning Regulator of the strategy statement and make recommendations to the Planning Regulator in relation to such implementation as it considers appropriate, and

• (d) advise or make recommendations to the Minister in relation to policies of the Government or a Minister of the Government affecting the functions of the Office.

• (3) The Advisory Board may do anything which it considers necessary or expedient to enable it to perform its functions.

• (4) Nothing in this section shall be construed as enabling the Advisory Board to exercise any power or control in relation to the performance, in a particular case or in particular circumstances, of functions conferred on the Office by or under this Act.

• (5) The Advisory Board shall consist of at least 5, and not more than 7 members (including the chairperson).

• (6) The Minister shall, in so far as is practicable, endeavour to ensure that among the members of the Advisory Board there is an equitable balance between men and women.

543. Appointment and terms and conditions of members of Advisory Board

543. (1) The Minister shall appoint the members (including a chairperson) of the Advisory Board.

• (2) The Minister shall, as he or she considers necessary, request the Public Appointments Service to hold a selection process for the purpose of identifying and recommending a person or persons who it is satisfied is or are suitable for appointment to be a member of the Advisory Board.

• (3) The Public Appointments Service shall, when requested to do so under subsection (2), hold a selection process and recommend to the Minister such person or persons who it is satisfied is or are suitable for appointment and provide the Minister with particulars of the relevant knowledge, experience, qualifications, training or expertise of each person whom it recommends.

• (4) The Minister may, prior to the date of the commencement of section 542, designate persons to be the first members of the Advisory Board and, from among those persons so designated, one of their number to be the first chairperson.

• (5) If, immediately before the date of the commencement of section 542, a person stands designated under subsection (4), the person shall, on that day, stand appointed as a member of the Advisory Board or as both such member and the chairperson, as the case may be.

• (6) The Planning Regulator shall not be appointed to the Advisory Board.

• (7) A member of the Advisory Board shall hold office for the period of 5 years from the date of his or her appointment.

• (8) A member of the Advisory Board whose term of office expires shall be eligible for reappointment to the Advisory Board.

• (9) A person who is reappointed to the Advisory Board in accordance with subsection (8) shall not hold office for periods the aggregate of which exceeds 10 years.

• (10) A member of the Advisory Board shall hold office upon such terms and conditions as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

• (11) There shall be paid by the Office to each member of the Advisory Board such remuneration and allowances for expenses as the Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine.

• (12) A member of the Advisory Board may resign his or her office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice.

• (13) A member of the Advisory Board shall be ineligible to be a member, and cease to be a member, where he or she—

• (a) subject to subsection (14), is adjudicated bankrupt,

• (b) makes a composition or arrangement with his or her creditors,

• (c) is convicted of an indictable offence in relation to a company or other body corporate,

• (d) is convicted of an offence involving fraud or dishonesty, whether in connection with a company or not,

• (e) is sentenced by a court of competent jurisdiction to a term of imprisonment,

• (f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (g) is subject, or is deemed to be subject, to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

• (14) A person shall be ineligible for appointment as a member of the Advisory Board under paragraph (a) of subsection (13) only for so long as the bankruptcy is not discharged or annulled.

• (15) A member of the Advisory Board may be removed from office by the Minister if—

• (a) he or she has become incapable through ill-health of effectively performing his or her functions,

• (b) he or she has committed stated misbehaviour, or

• (c) his or her removal appears to the Minister to be necessary for the effective performance by the Advisory Board of its functions.

544. Meetings of Advisory Board

544. (1) The Advisory Board shall hold such and so many meetings as may be necessary for the due performance of its functions, but in each year shall hold not less than one meeting in each period of 6 months.

• (2) The Advisory Board may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time.

• (3) The chairperson of the Advisory Board shall fix the date, time and, subject to subsection (2), place of the first meeting of the Board.

• (4) The quorum for a meeting of the Advisory Board shall be 3.

• (5) At a meeting of the Advisory Board—

• (a) the chairperson of the Advisory Board shall, if present, be the chairperson of the meeting, and

• (b) if and so long as the chairperson of the Advisory Board is not present or if the office of the chairperson is vacant, the members of the Advisory Board who are present shall choose one of their number to act as the chairperson of the meeting.

• (6) Each member of the Advisory Board present at a meeting of the Advisory Board shall have a vote.

• (7) At a meeting of the Advisory Board, a question on which a vote is required shall be determined by a majority of the votes of the members of the Advisory Board present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

• (8) Subject to this Act, the Advisory Board may determine its own procedures.

• (9) The Advisory Board may act notwithstanding one or more vacancies among its members.

545. Consultation by Planning Regulator with Advisory Board

545. (1) The Planning Regulator may consult with, or request the guidance or advice of, the Advisory Board on any matter relating to a function of the Office.

• (2) Without prejudice to the generality of subsection (1), the Planning Regulator shall request the guidance and advice of the Advisory Board when he or she is preparing a strategy statement in accordance with section 550.

• (3) The Planning Regulator shall have regard to any guidance or advice of the Advisory Board provided pursuant to a request under this section before performing any function to which the guidance or advice relates.

• (4) Where the Planning Regulator requests the guidance or advice of the Advisory Board under this section, the Advisory Board shall, within such period as may be specified by the Planning Regulator in the request or such further period as may be agreed in writing between the Advisory Board and the Planning Regulator, provide the guidance or advice the subject of the request to the Planning Regulator.

546. Functions of Office

546. (1) The functions of the Office are as follows:

• (a) to consult the Minister, regional assemblies, planning authorities and, as appropriate, other persons, in relation to plans and strategies made under this Act, including for the purposes of ensuring compliance with sections 28, 29, 42, 43, 71, 72 and 73;

• (b) to evaluate and assess and, where relevant, make observations and recommendations in respect of the preparation and making of—

• (i) regional spatial and economic strategies, draft regional spatial and economic strategies, revisions or proposed revisions and expedited amendments to same,

• (ii) development plans, draft development plans, variations or proposed variations and expedited amendments to same, and

• (iii) urban area plans, priority area plans and coordinated area plans and drafts, amendments or proposed amendments to same,

in accordance with Chapters 4, 5 and 6 of Part 3;

• (c) to review existing regional spatial and economic strategies and development plans to ensure consistency with new or amended National Planning Polices and Measures made in accordance with Chapter 3 of Part 3;

• (d) where so directed by the Minister, to issue a draft direction, and to recommend that the Minister issues a direction, in accordance with section 39, 64 or 79;

• (e) to consider the report prepared by a regional assembly in accordance with section 35 to monitor progress in implementing a regional spatial and economic strategy and make recommendations to the Minister in respect of same;

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

• (g) to conduct education and training programmes and research as provided for by section 549 and programmes designed to enhance public awareness in relation to planning matters;

• (h) to conduct reviews of the performance by the Commission and by planning authorities of their respective functions and to report to the Minister in relation to such reviews, in accordance with Chapter 3;

• (i) 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 Act of 2001) identified by the National Oversight and Audit Commission or prescribed under section 126C(1) of that Act, or

• (ii) regulations made by the Minister under section 134A(7) of the Act of 2001;

• (j) to prepare an annual report in accordance with section 565 on the performance of its own functions;

• (k) to prepare a strategy statement for the Office in accordance with section 550;

• (l) to make such observations as it considers appropriate to the Minister, or in its annual reports or otherwise, in relation to the following:

• (i) regional spatial and economic strategies under Chapter 4 of Part 3, development plans under Chapter 5 of Part 3, and urban area plans, priority area plans and coordinated area plans under Chapter 6 of Part 3;

• (ii) National Planning Statements under Chapter 3 of Part 3;

• (iii) draft directions and directions under section 39, 40, 64, 65, 79 or 80;

• (iv) codes of conduct under section 569;

• (v) any legislation or other matters relating to proper planning and sustainable development;

• (m) 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) The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery 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.

• (3) An order under subsection (2) 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.

• (4) Without prejudice to subsection (1) of section 547, the Minister and the Planning Regulator may, from time to time, consult each other on matters relating to the functions of the Office and of the Planning Regulator.

547. Performance of functions generally

547. (1) Subject to subsection (7) of section 538, the Office may perform any of its functions through any member of the staff of the Office duly authorised—

• (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.

• (2) In performing its functions, the Office shall take account of the objectives of contributing to proper planning and sustainable development, maritime spatial planning and the optimal functioning of planning under this Act.

• (3) The Office shall, in performing its functions, have regard to—

• (a) the policies and objectives for the time being of the Government (including National Planning Statements), 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 necessity of climate change adaptation and mitigation and to achieve the national climate objective,

• (c) 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,

• (d) the National Planning Framework, the National Marine Planning Framework and any regional spatial and economic strategy for the time being in force, and

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

• (i) the Environmental Impact Assessment Directive,

• (ii) the Strategic Environmental Assessment Directive,

• (iii) the Habitats Directive,

• (iv) the Birds Directive, and

• (v) the Water Framework Directive,

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

• (4) The Minister may prescribe any body established by or under statute to be a “public authority” for the purposes of this section.

548. Evaluation and assessment of plans and strategies

548. (1) Without prejudice to the requirements of section 547, in carrying out its functions under section 546, the Office shall, when evaluating and assessing any plans or strategies or any drafts, revisions, variations or amendments of plans or strategies, consider the following:

• (a) all matters relevant to the making of the plan or strategy concerned under this Act;

• (b) the material consistency of the plan or strategy or draft, revision, variation or amendment thereof, with the National Planning Framework and National Marine Planning Framework;

• (c) the material consistency of the plan or strategy or draft, variation or amendment thereof, with the National Planning Polices and Measures contained in any National Planning Statement and the reasons offered by the relevant regional assembly or planning authority to justify a departure from National Planning Policy Guidance contained in any such statement;

• (d) the material consistency of the plan or draft, variation or amendment thereof, with any regional spatial and economic strategy;

• (e) the account taken by the plan or strategy or draft, variation or amendment thereof, of any relevant transport strategy published by the National Transport Authority;

• (f) the effective coordination of national, regional and local planning requirements by the relevant regional assembly or planning authority in the discharge of its development planning functions;

• (g) any other matters as may be prescribed from time to time.

• (2) Without prejudice to the requirements of section 547, the Office shall, in carrying out consultations with planning authorities in accordance with section 53, consider the following:

• (a) all matters relevant to the preparation, making, variation or expedited amendment of a development plan under this Act;

• (b) the requirement that a development plan be materially consistent with—

• (i) the National Planning Framework,

• (ii) the National Marine Planning Framework,

• (iii) any relevant National Planning Polices and Measures, and

• (iv) the regional spatial and economic strategy of the region concerned;

• (c) any relevant National Planning Policy Guidance;

• (d) any transport strategy of the National Transport Authority which relates to all or any part of the functional area of the planning authority;

• (e) any other matters as may be prescribed from time to time.

• (3) Where the Office makes any observations or recommendations to a regional assembly or a planning authority under Chapter 4, 5 or 6 of Part 3, it shall, at the same time, send a copy of such observations or recommendations to the Minister.

549. Research, education and training

549. (1) The Office shall conduct education and training programmes for the members of planning authorities, regional assemblies and the Commission, including the members of the staff thereof, in respect of—

• (a) the role of such authorities, assemblies and the Commission under this Act, including in respect of National Planning Statements and the plans and policies under this Act, including for the purposes of ensuring compliance with sections 28, 29, 42, 43, 71, 72 and 73,

• (b) the role of such authorities and assemblies in respect of guidelines issued under section 7 of the Act of 2021 and directives issued under section 8 of that Act,

• (c) such matters relating to proper planning and sustainable development and maritime spatial planning as the Minister may request, and

• (d) 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 by the Minister.

• (3) The Office may enter into arrangements with any person that the Office considers to be suitably qualified, including any professional, educational or research organisation, to undertake or assist in undertaking the provision of services to which subsection (1) or (2) relates and that are relevant to its functions.

• (4) The Office shall conduct programmes designed to enhance public awareness in relation to planning matters, which shall include measures designed to enhance public understanding of the planning process and the role of the public in such process.

550. Corporate strategy

550. (1) The Planning Regulator shall prepare a strategy statement for the Office within 6 months of the commencement of this section and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 6 years following such commencement.

• (2) Notwithstanding the repeal of section 31T of the Act of 2000 effected by section 6, a strategy statement prepared under that section that was in force immediately before such repeal shall remain in force after the commencement of this section pending the preparation of a strategy in accordance with subsection (1).

• (3) The strategy statement shall be prepared on the basis of an organisational wide strategic approach encompassing the functions of the Office and shall include—

• (a) a statement setting out the approach taken in respect of each of the functions of the Office under section 546,

• (b) the objectives and priorities for each of the functions of the Office under section 546 and strategies for achieving those objectives,

• (c) the manner in which the Office proposes to assess its performance in respect of each function under section 546, 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,

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

• (e) 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

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

• (4) Within 3 months of the preparation of the strategy statement for the purposes of subsection (1), the Office shall submit a copy of it to the Minister and the Minister shall, as soon as practicable thereafter, cause the statement to be laid before each House of the Oireachtas.

Chapter 3 Review of Performance of Functions of Planning Authorities, Regional Assemblies and Commission

551. Preliminary examination or review by Office of performance of functions

551. (1) Subject to subsection (8), the Office may, where it considers it necessary or appropriate to do so, conduct a review of the organisation and management of, and the systems and procedures used by, a planning authority, a regional assembly or the Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act.

• (2) Subject to subsection (8), the Office shall conduct a review of the organisation and management of, and the systems and procedures used by, a planning authority, a regional assembly or the Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act, where the Minister has formed the opinion that the planning authority, regional assembly or the Commission—

• (a) may not be carrying out its functions under this Act in accordance with the requirements of or under this Act,

• (b) may not be performing its functions under this Act in a manner which is in accordance with the National Planning Framework, regional spatial and economic strategies, development plans, urban area plans, coordinated area plans, priority area plans, the National Marine Planning Framework or maritime spatial plans,

• (c) may not be complying with a National Planning Statement, a direction under section 65 or 80 or, in the case of a planning authority, a direction under subsection (2) of section 576 or, in the case of a regional assembly, a direction under section 40,

• (d) may be applying inappropriate standards of administrative practice, or otherwise acting contrary to fair or sound administration, in the performance of its functions under this Act,

• (e) may be applying systemic discrimination in the performance of its functions under this Act,

• (f) may be operating in a manner whereby there is impropriety or risks of corruption in the performance of its functions under this Act,

• (g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the performance of its functions under this Act, or

• (h) in the case of a planning authority, may not be performing its functions under Part 11 appropriately to ensure compliance in its functional area with this Act,

and the Minister has informed the Office of his or her opinion in writing and requested a review to be carried out under this subsection.

• (3) Subject to subsection (8), where the Office receives a complaint made to it, or made to the Minister and referred to it by the Minister, that in the Office’s opinion relates to the organisation and management of, or systems and procedures used by, a planning authority, a regional assembly or the Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act, the Office shall (subject to subsection (4)) carry out a preliminary examination of the complaint to determine whether one or more of the circumstances referred to in paragraphs (a) to (h) of subsection (2) may have arisen.

• (4) The Office may decide not to carry out a preliminary examination, or to discontinue a preliminary examination, arising from a complaint if it forms the opinion that—

• (a) the subject matter of the complaint is outside the scope of its powers of review under this Chapter,

• (b) the complaint cannot be substantiated or appears to the Office to be vexatious, frivolous or without substance or foundation,

• (c) the person making the complaint, or the person in respect of whom the complaint was made, does not appear to have any legitimate interest in the subject matter of the complaint,

• (d) the person making the complaint has not taken reasonable steps to pursue the subject matter of the complaint with the planning authority or regional assembly concerned, or the Commission, as the case may be,

• (e) the person making the complaint has not exhausted any appeal or review procedures open to him or her in respect of the subject matter of the complaint, or

• (f) legal proceedings have been instituted in respect of the subject matter of the complaint.