PLANNING AND DEVELOPMENT ACT 2024

• (5) Where the Office decides not to carry out or continue a preliminary examination or, following a preliminary examination, has not formed the view that one of the circumstances referred to in subsection (2) has arisen, it shall inform the person who made the complaint of the reasons for its decision, or for its not forming the view, in writing, and the Office may, if it considers it appropriate in the circumstances, refer the complaint or the complainant to the Minister or a body listed in paragraph (b) of subsection (4) of section 553.

• (6) Subject to subsection (8), following a preliminary examination under subsection (3), the Office shall, as it considers appropriate—

• (a) prepare a report on the preliminary examination (including any recommendations), or

• (b) conduct a review of the organisation and management of, and the systems and procedures used by, the planning authority, regional assembly or Commission in relation to the performance by the planning authority, regional assembly or Commission of all or any of its functions under this Act, and prepare a report on the review.

• (7) The Office shall, as it considers appropriate, submit a report referred to in paragraph (a) of subsection (6), to one or more than one of the following:

• (a) the planning authority;

• (b) the regional assembly;

• (c) the Commission;

• (d) the Minister;

• (e) the Ombudsman;

• (f) the Standards in Public Office Commission;

• (g) the Garda Síochána;

• (h) such other State authority as may be prescribed.

• (8) The Office shall not, in the performance of any of its functions under subsections (1) to (6), exercise any power or control in relation to a particular case with which a planning authority, regional assembly or the Commission is either involved or could be involved.

• (9) A preliminary examination or review under this section shall not, of itself, affect the validity of any matter examined, power exercised or duty performed by the planning authority, regional assembly or Commission or the performance of any function of the planning authority, regional assembly or Commission under this Act or any other enactment.

• (10) Where the Office is conducting a review under subsection (1) or (6) and, before it is completed, a request is made by the Minister to the Office to conduct a review under subsection (2), which would include the matters to which the review being conducted relates then, where appropriate—

• (a) any steps taken by the Office for the purpose of the first-mentioned review (including the appointment of a person under subsection (1) of section 552) may be regarded as steps taken for the purposes of the review requested by the Minister, and

• (b) it shall not be necessary to initiate a further, additional or separate review under this section.

552. Supplementary provisions in relation to conduct of preliminary examination or review

552. (1) The Office may appoint a person (in this section referred to as an “appointed person”) to carry out all or part of a review or preliminary examination under section 551.

• (2) The planning authority, regional assembly or the Commission shall cooperate and comply with a request of the Office or an appointed person in relation to the matters which are the subject of the review or preliminary examination.

• (3) It is the duty of each member of a planning authority or a regional assembly, each Planning Commissioner or member of the Governing Board of the Commission and each member of staff of the planning authority, regional assembly or Commission, to cooperate with the Office or an appointed person in the conduct of a review or preliminary examination.

• (4) Without prejudice to the generality of subsections (2) and (3), the planning authority, regional assembly or Commission shall give the Office or an appointed person such information or documents relating to the performance by the planning authority, regional assembly or Commission of its functions as the Office or the appointed person may request, in such manner or form, and within such period, as may be prescribed or, where no such manner, form or period is prescribed, as the Office or appointed person shall specify.

• (5) Each of the following bodies may, for the purposes of a review or preliminary examination under this Chapter, disclose information, records or documents (including personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016²²) in its possession to the Office or an appointed person relating to matters that are the subject of that review or examination:

• (a) a Department of State;

• (b) the Office of the Comptroller and Auditor General;

• (c) the Office of the Ombudsman;

• (d) the Local Government Management Agency;

• (e) the National Oversight and Audit Commission;

• (f) the Commission;

• (g) a regional assembly;

• (h) a local authority;

• (i) a body (other than a company) established by or under statute;

• (j) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—

• (i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or

• (ii) the issue of shares held by or on behalf of a Minister of the Government;

• (k) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government.

• (6) A member of the staff of the Office or an appointed person, accompanied by such other persons as he or she considers appropriate in the circumstances, is entitled, for the purposes of a review or preliminary examination under this Chapter, at all reasonable times to enter and inspect any land, maritime site, premises or structure (other than a dwelling or the curtilage of a dwelling) which is owned, used, controlled or managed by a planning authority or a regional assembly or the Commission and, without prejudice to the generality of subsections (2) and (3), shall—

• (a) be afforded every facility and cooperation by the planning authority or regional assembly or the Commission, including the giving of information which the member of staff or appointed person may reasonably request,

• (b) have access to all documents, records, or other information which the member of staff or appointed person may reasonably request, and

• (c) be afforded facilities to make notes from, or to take copies of, any such documents or records.

• (7) In subsection (6), “curtilage”, in relation to a dwelling, means an area immediately surrounding or adjacent to the dwelling and used in conjunction with the dwelling other than any part of the area to which the public have access whether as of right or by permission and whether subject to or free of charge.

553. Procedures in relation to draft report and final report of review

553. (1) Subject to subsection (5), where a review is completed under section 551, the Office shall send a draft report of the review, including any recommendations it proposes to make, to—

• (a) the planning authority or regional assembly or the Commission the subject of the review, and

• (b) the Minister.

• (2) A person sent a draft report under subsection (1) may make submissions to the Office in relation to it within such period as the Office specifies (having regard to the nature, size and complexity of the draft report and any issue of urgency associated with its finalisation).

• (3) Subject to subsection (5), the Office shall review any submissions made under subsection (2) before finalising the draft report and shall thereafter finalise the report and send a copy of it to each person to whom the draft report was sent under subsection (1).

• (4) Subject to subsection (5), in the case of—

• (a) a review under subsection (1) or (2) of section 551, the Office may publish, or cause to be published, the report on a website maintained by or on behalf of the Office, or

• (b) a review under paragraph (b) of subsection (6) of section 551, the Office may send a copy of the report to one or more than one of the following:

• (i) the Ombudsman;

• (ii) the Standards in Public Office Commission;

• (iii) the Garda Síochána;

• (iv) such other State authority as may be prescribed;

• (v) such other persons as the Office considers appropriate in the circumstances.

• (5) Where the Office forms the opinion that the publication of the draft report or the report may—

• (a) be prejudicial to the interests of the security of the State, or

• (b) facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of a person,

the Office shall not take any steps under subsection (1), (3) or (4) without first providing a copy of the draft report, or the report, as the case may be, to the Minister, or the Commissioner of the Garda Síochána, as appropriate, and obtaining the Minister’s or the Commissioner’s consent to its further publication in accordance with subsection (1), (3) or (4).

• (6) Without prejudice to making any other recommendation, a draft report under subsection (1) or a report under subsection (3) may include a recommendation that the Minister consider exercising his or her power under subsection (2) of section 576 or section 577.

554. Action on foot of report of review under section 553

554. (1) Where the Office makes a recommendation relating to a planning authority, a regional assembly or the Commission in a report under section 553, the Office or the Minister may direct the planning authority, regional assembly or Commission to comply with the recommendation and, where the Minister gives such a direction, he or she shall notify the Office of the direction as soon as practicable after it is given.

• (2) Where a direction is given under subsection (1), the planning authority, regional assembly or Commission shall take steps to implement the recommendation and provide a report to the Office on its implementation within such period as may be specified in the report under section 553 (and, if no period is specified, within 12 weeks of the direction).

• (3) The planning authority or regional assembly or the Commission shall provide further reports on the implementation of the recommendation every 8 weeks following the provision of the report to the Office under subsection (2) until such time as the recommendation has been implemented to the written satisfaction of the Office.

555. Offences

555. (1) A person who obstructs or impedes, or without reasonable excuse fails to comply with a request of, the Office, a member of staff of the Office or an appointed person under section 552, or any person accompanying a member of the staff of the Office or an appointed person under subsection (6) of that section, shall be guilty of an offence.

• (2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both.

556. Continued application of sections 31AS, 31AT and 31AU of Act of 2000 for certain purposes

556. (1) Notwithstanding the repeal of section 31AS of the Act of 2000, effected by section 6, the said section 31AS shall, on and after that repeal, continue to apply and have effect in relation to any review under the said section 31AS commenced before that repeal.

• (2) Notwithstanding the repeal of section 31AT of the Act of 2000, effected by section 6, the said section 31AT shall, on and after that repeal, continue to apply and have effect in relation to any request of the Minister under the said section 31AT made before that repeal.

• (3) Notwithstanding the repeal of section 31AU of the Act of 2000, effected by section 6, the said section 31AU shall, on and after that repeal, continue to apply and have effect in relation to any examination under the said section 31AU commenced before that repeal.

• (4) Notwithstanding the repeal of section 31AU of the Act of 2000, effected by section 6, the said section 31AU shall, on and after that repeal, continue to apply and have effect in relation to any request of the Minister under the said section 31AU made before that repeal.

• (5) Notwithstanding the repeal of sections 31AV and 31AW of the Act of 2000 by section 6, the said sections 31AV and 31AW shall, on and after their repeal, continue to apply and have effect in relation to—

• (a) any review under section 31AS commenced before that repeal,

• (b) any review pursuant to a request under section 31AT made before that repeal,

• (c) any examination under section 31AU commenced before that repeal, and

• (d) any examination pursuant to a request under section 31AU made before that repeal.

Chapter 4 Staffing and Administration of Office

557. Directors of Office

557. (1) Subject to subsection (2), for the purpose of supporting the Planning Regulator and the Office in carrying out functions under this Part, the Planning Regulator may appoint one or more persons as a director of the Office (in this section referred to as a “director”) to perform such functions as are duly assigned to such person or persons.

• (2) The Minister may, after consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, specify a maximum number of directors that may be appointed.

• (3) A director shall be a member of staff of the Office.

• (4) A director, on ceasing to be a member of the staff of the Office, shall be deemed to have vacated the position of director.

• (5) The Planning Regulator shall designate one director to be the Deputy Planning Regulator and the director so designated shall carry out the functions specified in subsection (2) of section 539.

• (6) Subject to subsection (4), a person who, immediately before the repeal of section 31Z of the Act of 2000, was a director of the Office shall, on and after such repeal, continue to be a director of the Office.

558. Staff of Office

558. (1) Subject to subsection (2), the Planning Regulator shall appoint such and so many persons to be members of staff of the Office as the Planning Regulator from time to time 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 Office to provide service through Irish as well as English.

• (2) The appointment of members 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 members of staff.

• (3) A member of the staff of the Office of the Planning Regulator shall be a civil servant (within the meaning of the Civil Service Regulation Act 1956) in the Civil Service of the State.

559. Existing staff of Office

559. Notwithstanding the repeal of section 31AA of the Act of 2000 effected by section 6, a person who was a member of staff of the Office appointed under that section immediately before such repeal shall be deemed to be a member of the staff of the Office—

• (a) as if, on the commencement of this section, the Planning Regulator had appointed under section 558 the person to be a member of the staff of the Office for the remaining period of the person’s appointment under section 31AA of the Act of 2000, and

• (b) on the same conditions (including those relating to termination of appointment) as those on which the person held office as such member of staff immediately before such repeal,

and this Act shall be construed accordingly.

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

560. (1) Where the Planning Regulator or a member of the staff of the Office—

• (a) accepts a nomination 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) is elected or co-opted as a member of a local authority,

he or she shall thereupon be deemed to have resigned from his or her office or position, as the case may be.

• (2) A person who is for the time being—

• (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, while he or she is so entitled under paragraph (a) or (c) or is such a member under paragraph (b), be disqualified from being the Planning Regulator or a member of the staff of the Office.

561. Prohibition on disclosure of information relating to functions of Office

561. (1) No person shall, without the consent of the Planning Regulator (which may be given to the person, subject to or without conditions, as regards any information, any particular information or any information of a particular class or description), disclose—

• (a) any information obtained by him or her while serving as a member of the staff of, or consultant or adviser to, the Office or as a person whose services are otherwise availed of by the Office in accordance with this Act, or

• (b) any information so obtained relevant to the business of the Office or to the performance of its functions.

• (2) A person who contravenes subsection (1) shall be guilty of an offence.

• (3) A person who is guilty of an offence under subsection (2) is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both.

• (4) Nothing in subsection (1) shall prevent the disclosure of information—

• (a) in a report made to the Office or in a report made by or on behalf of the Office to the Minister,

• (b) by any person in the course of and in accordance with the functions of his or her office,

• (c) in accordance with the Freedom of Information Act 2014,

• (d) in accordance with the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), or

• (e) where otherwise required by law.

562. Liability of Planning Regulator or member of staff for acts and omissions

562. (1) A person mentioned in subsection (2) 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 a function under this Act, unless the act or omission is shown to have been done in bad faith.

• (2) The persons referred to in subsection (1) are—

• (a) the Planning Regulator or a former Planning Regulator, and

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

563. Superannuation of Planning Regulator

563. (1) The Office may, with the approval of the Minister given 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 a Planning Regulator ceasing to hold office.

• (2) A scheme under this section may provide that the termination of the appointment of a Planning Regulator 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 Office may, with the approval of the Minister given with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, amend or revoke a scheme made 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 Office in accordance with its terms.

• (6) No superannuation benefit shall be granted by the Office 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.

564. Grants to Office

564. There may, subject to such conditions, if any, as the Minister thinks proper, be paid to the Office 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 Office in relation to its programme of expenditure for that year, may fix.

565. Accounts, Audits and Annual Report of Office

565. (1) The Office shall—

• (a) submit estimates of income and expenditure 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 and also regarding the proposals and plans of the Office in respect of a period specified by the Minister.

• (2) The Office 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 Office, including an income and expenditure account and a balance sheet.

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

• (4) The accounts of the Office shall be approved by the Planning Regulator as soon as is practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it 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 Planning Regulator and the Minister as soon as is practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas.

• (6) The Office shall, not later than the 30th day of June in each year, prepare an annual report, which shall include—

• (a) information on the performance of its functions during the immediately preceding year,

• (b) information about any matter to which section 549 relates,

• (c) a statement of the names of the persons (if any) engaged pursuant to section 390 during the year to which the report relates, and

• (d) information about such other matters as the Minister may specify to the Office in writing.

• (7) The Planning Regulator shall submit a copy of the annual report 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.

• (8) The Planning Regulator shall, at the request in writing of the relevant Oireachtas Committee, attend before it to account for matters in relation to its accounts and annual report.

• (9) In this section “relevant Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas to which has been duly assigned the role of examining matters relating to environment and planning (other than the Committee of Public Accounts or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-committee of such a relevant Oireachtas Committee.

566. Monitoring and reporting

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

• (2) Where the Minister thinks fit, he or she may direct an independent person who is not the Planning Regulator, Deputy Planning Regulator or a member of staff of the Office to conduct the review referred to in subsection (1).

• (3) Where the Minister gives a direction under subsection (1) or subsection (2), the Office or independent person, as the case may be, shall report to the Minister the results of the review conducted pursuant to the direction.

• (4) Following a review conducted under this section, the Minister may consult with the Office and direct the Office in respect of the performance of the functions the subject of the review, and the Office shall comply with any direction the Minister may give.

• (5) The Office may make observations and recommendations to the Minister as regards any matter pertaining to its functions.

567. Reciprocal provision of services and resources by Minister and Office

567. (1) For the purposes of enabling the Office to perform its functions, the Minister may provide services (including services of members of staff either on secondment or a permanent basis) to the Office on such terms and conditions (including payment for such services) as may be agreed, after consultation with the Minister for Public Expenditure, National Development Plan Delivery and Reform, and the Office may avail of such services.

• (2) The Office may provide services (including services of members of staff either on secondment or a permanent basis) to the Minister on such terms and conditions (including payment for such services) as may be agreed, 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 the generality of subsection (1), the Minister may make available or cause to be made available to the Office, on a request being made by the Planning Regulator, premises, equipment, services and other resources for the purpose of the performance by the Office of its functions as the Office may determine from time to time in consultation with the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

• (4) 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 under subsection (3).

• (5) Notwithstanding the repeal of section 31AI of the Act of 2000 effected by section 6, services and resources provided to—

• (a) the Office by the Minister under that section and available to the Office immediately before such repeal, or

• (b) the Minister by the Office and available to the Minister immediately before such repeal,

shall continue to be available to the Office or the Minister, as the case may be, without the requirement for a new grant of such services or resources under this section.

568. Fees payable to Office

568. (1) The Office may determine fees that may be charged in relation to any matter referred to in subsection (2), subject to the approval of the Minister, and a fee so determined shall be payable to the Office by any person concerned as appropriate.

• (2) The matters in relation to which the Office may determine fees under subsection (1) are in respect of reasonable costs for the provision or undertaking of—

• (a) education and training programmes,

• (b) research programmes, and

• (c) any other services, subject to the approval of the Minister.

• (3) Notwithstanding subsection (2), the Office may, subject to the approval of the Minister, provide for the payment of different fees in relation to different matters referred to in subsection (2), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.

• (4) Notwithstanding the repeal of section 31AK of the Act of 2000 effected by section 6, fees determined to be payable under that section immediately before such repeal shall remain the fees payable for the matters concerned upon the commencement of this section pending the determination of new fees under subsection (1).

569. Code of conduct

569. (1) The Office shall adopt a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business (in this section referred to as the “code of conduct”) which is required to be followed by—

• (a) the Planning Regulator and Deputy Planning Regulator,

• (b) all members of the staff of the Office, and

• (c) to the extent indicated in the code of conduct, any person or class or classes of persons to whom section 390 relates,

and the code of conduct shall be complied with by each person to the extent that it relates to him or her or has been duly applied to him or her.

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

• (3) The Office shall consult with the Minister before adopting a code of conduct.

• (4) The code of conduct shall consist of a written statement setting out the policy of the Office and shall include at least each of the following matters:

• (a) measures to ensure the avoidance and management of any conflict of interest;

• (b) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the Office, as appropriate;

• (c) membership of other organisations, associations and bodies, professional or otherwise;

• (d) membership of, or other financial interests in, companies, partnerships or other bodies;

• (e) undertaking work, not being work on behalf of the Office both during and after any period of employment with the Office, whether as a consultant, adviser or otherwise;

• (f) acceptance of gifts, sponsorship, considerations or favours;

• (g) disclosure of information concerning matters pertaining to the work of the Office, as appropriate;

• (h) following of best practice to be adopted in relation to the functions of the Office including the procedures for the provision of observations and recommendations in accordance with this Act in relation to—

• (i) the preparation, making and revision of regional spatial and economic strategies, and the review of such strategies to ensure their consistency with new or amended National Planning Polices and Measures, including for the purposes of ensuring compliance with section 29,

• (ii) the preparation, making and variation of development plans, and the review of such development plans to ensure their consistency with the national and regional plans and policies provided for in this Act, including for the purposes of ensuring compliance with section 43, and

• (iii) the preparation, making and amendment of urban area plans, priority area plans and coordinated area plans, including for the purposes of ensuring compliance with sections 71, 72 and 73 and the adjudication of certain disputes in relation to those plans;

• (i) the disclosure by the Planning Regulator, Deputy Planning Regulator, staff of the Office or persons to whom section 390 relates of any representations relating to the work or functions of the Office made to the Planning Regulator, Deputy Planning Regulator, any such staff member or person to whom section 390 relates, whether in writing or otherwise in relation to those matters.

• (5) A person shall not take up position or hold office within the Office except on condition that he or she shall comply with the code of conduct.

• (6) Subject to subsection (3), the Office may at any time review the code of conduct and may amend the code of conduct or adopt a new code of conduct.

• (7) The Office shall cause a copy of the code of conduct to be laid before the Houses of the Oireachtas and published on a website maintained by or on behalf of the Office within the period of 2 weeks after it is adopted.

PART 19 Further Provisions Relating to Planning Bodies

570. Officers of planning authority

570. A reference in this Part to an officer of a planning authority, in relation to a planning authority, means—

• (a) the chief executive of the planning authority or any person to whom the chief executive has delegated any function of such chief executive provided for by or under this Act,

• (b) the deputy chief executive of the planning authority appointed under section 148 of the Act of 2001 or any person to whom the deputy chief executive has delegated any function of such deputy chief executive provided for by or under this Act, or

• (c) a person who is, by virtue of paragraph (a) or (b), an officer of another planning authority when that person, pursuant to an arrangement or agreement entered into under this Act or any other enactment, is performing a function provided for by or under this Act on behalf of the first-mentioned planning authority.

571. Duty to be independent and impartial

571. Each of the following shall, when making a decision in the performance of a function under this Act, do so in an independent and impartial manner:

• (a) a regional assembly;

• (b) a planning authority;

• (c) the Commission;

• (d) a State authority.

572. Codes of conduct

572. (1) The Minister shall ensure that any code of conduct issued under section 169 of the Act of 2001 addresses the following matters:

• (a) disclosure of interests and relationships by members and members of staff of a planning authority where the interests and relationships are of relevance to the work of the planning authority;

• (b) disclosure by members and members of staff of a planning authority of information concerning matters pertaining to the work of the planning authority;

• (c) the obligation of members and members of staff of a planning authority to follow proper procedure in relation to the functions of the planning authority including, as applicable, in respect of—

• (i) the making of a declaration in response to a request submitted under subsection (2) of section 10,

• (ii) the review, making, variation or amendment of plans made by the planning authority under Part 3,

• (iii) the processing and determination of planning applications and appeals under Part 4,

• (iv) the granting of permission under Part 4 for proposed development that would materially contravene a development plan,

• (v) the making of a declaration in response to a request submitted under subsection (1) of section 310, and

• (vi) the taking of enforcement action (within the meaning of Part 11);

• (d) the disclosure by members and members of staff of a planning authority of any representations made to such members or members of staff whether in writing or otherwise in relation to the matters set out in paragraph (c).

• (2)
• (a) A code of conduct issued under section 169 of the Act of 2001 and in force immediately before the commencement of this section shall remain in force after that commencement, subject to any amendment thereafter, until it is withdrawn by the Minister and replaced by a new code issued in accordance with subparagraph (ii) of paragraph (c).

• (b) The Minister shall, not later than 12 months after the commencement of this section, consider whether a code of conduct referred to in paragraph (a) addresses the matters referred to in subsection (1).

• (c) Where, having complied with paragraph (b), the Minister is not satisfied that a code of conduct referred to in paragraph (a) addresses the matters referred to in subsection (1), he or she shall—

• (i) amend the code, or

• (ii) withdraw the code and issue a new code of conduct,

under section 169 of the Act of 2001, so as to ensure that the code addresses those matters.

• (3) The Minister may make regulations setting out any further requirements applying to members or members of staff of a local authority that are necessary to protect the integrity of the decision-making functions under this Act.

• (4) In this section “Minister” has the meaning given to it in the Act of 2001.

573. Prohibition on disclosure of information relating to functions of Commission

573. (1) A person shall not, without the consent of the Commission (which may be given to the person, subject to or without conditions, as regards any information, as regards particular information or as regards information of a particular class or description), disclose any information relative to the business of the Commission or to the making of a decision in the performance of a function under this Act, obtained by him or her while—

• (a) serving as a member or member of staff of the Commission,

• (b) acting as a consultant or adviser to the Commission, or

• (c) providing any other services to the Commission.

• (2) A person who contravenes subsection (1) shall be guilty of an offence.

• (3) Nothing in subsection (1) shall prevent the disclosure of information—

• (a) in a report made to the Commission or in a report made by or on behalf of the Commission to the Minister,

• (b) by any person in the course of and in accordance with the functions of his or her office,

• (c) in accordance with the Freedom of Information Act 2014,

• (d) in accordance with the European Communities (Access to Information on the Environment) Regulations 2007 (S.I. No. 133 of 2007), or

• (e) where otherwise required by law.

574. Requirements as to beneficial interests

574. (1) (a) Paragraph (b) applies where, at a meeting of a planning authority or of any committee of a planning authority, a resolution, motion, question or other matter is proposed or otherwise arises—

• (i) pursuant to, or as regards the performance by the planning authority of a function under this Act, or

• (ii) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment.

• (b) Where this paragraph applies, a member of the planning authority or committee present at the meeting shall, if he or she has a pecuniary or other beneficial interest in, or that is material to, the matter at the meeting, and before discussion or consideration of the matter commences—

• (i) disclose the nature of his or her interest, and

• (ii) withdraw from the meeting for so long as the matter is being discussed or considered,

and accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it.

• (c) Where a disclosure is made under paragraph (b), particulars of the disclosure and of any subsequent withdrawal from the meeting shall be recorded in the minutes of the meeting.

• (2) A member of a planning authority or of any committee of a planning authority who has a pecuniary or other beneficial interest in, or that is material to, a matter arising—

• (a) pursuant to or as regards the performance by the planning authority of a function under this Act, or

• (b) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment,

shall neither influence nor seek to influence a decision of the planning authority in relation to the matter.

• (3) Where any officer of a planning authority has a pecuniary or other beneficial interest in, or that is material to, any matter that arises or comes before the authority—

• (a) pursuant to or as regards the performance by the planning authority of a function under this Act, or

• (b) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment,

he or she shall, as soon as may be, disclose the nature of his or her interest—

• (i) where the officer is not the chief executive, to the chief executive of the planning authority, and

• (ii) where the officer is the chief executive, to the members of the planning authority.

• (4) Where an officer of a planning authority discloses an interest under subsection (3), he or she shall neither influence nor seek to influence a decision of the authority in relation to the matter and—

• (a) where the officer is not the chief executive, he or she shall comply with any directions the chief executive may give him or her in relation to the matter, and

• (b) where the officer is the chief executive, he or she shall delegate the exercise of his or her functions insofar as they concern the matter to another officer of the planning authority who has no interest in the matter to disclose under subsection (3).

• (5) Where a Planning Commissioner has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question, determination or dispute that falls to be decided or determined by the Commission under any enactment, he or she shall comply with the following requirements:

• (a) he or she shall disclose to the Commission the nature of his or her interest;

• (b) he or she shall take no part in the discussion or consideration of the matter;

• (c) he or she shall not vote or otherwise act as a Planning Commissioner in relation to the matter;

• (d) he or she shall neither influence nor seek to influence a decision of the Commission in relation to the matter.

• (6) Where a member of the staff of the Commission, a consultant or adviser engaged by the Commission or any other person whose services are availed of by the Commission has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Commission under any enactment, he or she shall comply with the following requirements:

• (a) he or she shall neither influence nor seek to influence a decision of the Commission in relation to the matter;

• (b) where he or she has been requested to provide professional services in relation to the matter, whether as a member of staff, consultant, adviser or otherwise, he or she shall disclose to the Commission the nature of his or her interest and comply with any directions the Commission may give him or her in relation to the matter.

• (7) Without prejudice to the generality of subsections (1) to (6), a person shall be regarded as having a beneficial interest for the purposes of this section if the person or any connected person—

• (a) is a member of a company or any other body which has a beneficial interest in, or that is material to, any matter referred to in subsections (1) to (6),

• (b) is in partnership with or is in the employment of a person who has a beneficial interest in, or that is material to, any such matter,

• (c) is a party to any arrangement or agreement (whether or not enforceable) concerning any land or maritime site to which any such matter relates, or

• (d) has any other beneficial interest in, or that is material to, any such matter.

• (8) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or that is material to, any matter referred to in subsections (1) to (6) by reason only of an interest that is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

• (9) Where a person has a beneficial interest referred to in subsections (1) to (6) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her spouse or civil partner 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 of shares in which he or she has an interest,

none of those subsections shall have effect in relation to that beneficial interest.

• (10) Subject to subsection (11), a person who contravenes or fails to comply with a requirement of this section shall be guilty of an offence.

• (11) In any proceedings for an offence under this section, it shall be a defence for the defendant to prove that, at the time of the alleged offence, he or she did not know and had no reason to believe that—

• (a) a matter in which, or in relation to which, he or she had a beneficial interest had arisen or had come before, or was being considered by, the Commission or the relevant planning authority or committee, as applicable, or

• (b) the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.

• (12) For the purposes of subsections (7) and (9), a person who is a member of any company formed and registered under the Companies Act 2014 (or an existing company within the meaning of that Act) that is deemed to be a subsidiary of another or to be another such company’s holding company shall be deemed also to be a member of the other company.

• (13) In this section—

“civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“cohabitant” shall be construed in accordance with section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“connected person”, in relation to a person, means—

• (a) any brother, sister or parent of the person,

• (b) the spouse or civil partner of the person, except where the spouse or civil partner is living separately and apart from the person,

• (c) any cohabitant of the person,

• (d) any child of the person, or

• (e) any child of the person’s spouse, civil partner or cohabitant, except where the spouse or civil partner is living separately and apart from the person.

575. Prohibition on certain communications concerning Commission and planning authorities

575. (1) Any person who communicates with—

• (a) a Planning Commissioner, a member of the Governing Board, a member of the staff (including the chief executive officer) of, or consultant or adviser to, the Commission or a person whose services are availed of by the Commission by virtue of section 530, or

• (b) any member of a planning authority or any officer of a planning authority where the officer is of a class, description or grade as may be prescribed for the purposes of this section,

for the purpose of influencing improperly the person communicated with as to the performance of functions under this Act shall be guilty of an offence.

• (2) In circumstances where a person referred to in paragraph (a) or (b) of subsection (1) becomes of the opinion that a communication is in contravention of subsection (1), he or she shall—

• (a) not entertain the communication further, and

• (b) notify in writing forthwith the Commission or relevant planning authority, as appropriate, of the communication.

576. Ministerial oversight of performance of functions by planning authorities and regional assemblies

576. (1) A planning authority or a regional assembly shall supply the Minister with such information relating to the performance of its functions as the Minister may request.

• (2) A planning authority or regional assembly shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and management, and of the systems and procedures used by it in relation to its functions under this Act.

• (3) The Minister may (notwithstanding the fact that a direction has been given under subsection (2)) appoint a person other than the planning authority or regional assembly concerned to carry out a review of the organisation and management of a planning authority, or a regional assembly, and of the systems and procedures used by the planning authority or regional assembly in relation to its functions under this Act, where he or she considers it appropriate to do so, and the planning authority or regional assembly shall cooperate with, and comply with a request of, the person appointed.

• (4) Where the Minister gives a direction under subsection (2) or makes an appointment under subsection (3), the planning authority, regional assembly or person appointed shall report to the Minister the results of the review.

• (5) A planning authority or regional assembly shall comply with any requirement which the Minister may, after consultation with the planning authority or regional assembly as regards the results of a review referred to in subsection (2) or (3), impose in relation to all or any of the matters which were the subject of the review.

577. Appointment of commissioner to perform functions of planning authority

577. (1) Without prejudice to the powers of the Minister under Part 21 of the Act of 2001, the Minister may appoint a person to be a commissioner to carry out, and have full responsibility for, all or any of the functions of a planning authority under this Act (and in doing so may distinguish between reserved functions and other functions) where the Minister, for stated reasons—

• (a) has formed an opinion referred to in subsection (2), and

• (b) considers it necessary or appropriate to do so.

• (2) The opinion referred to in subsection (1) is an opinion arising from the matters referred to in subsection (3) that a planning authority—

• (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 respects 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 issued under section 65 or 80 or a direction issued under subsection (2) of section 576,

• (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) may not be performing its functions under Part 11 appropriately to ensure compliance in its functional area with this Act.

• (3) The matters referred to in subsection (2) are:

• (a) directions issued by the Minister under section 65 or 80;

• (b) a report or information arising from a preliminary examination of a complaint under subsection (3) of section 551;

• (c) a draft report under subsection (1) of section 553 or, where the report has been finalised, the report referred to in subsection (3) of section 553;

• (d) a report or information arising from a review under subsection (2) or (3) of section 576;

• (e) information otherwise available to the Minister.

• (4) In considering whether it is necessary or appropriate to appoint a commissioner under subsection (1), the Minister may have regard to any loss of public confidence in the carrying out by the planning authority of its functions and the need to restore that confidence.

• (5) A commissioner shall be appointed in accordance with such terms and conditions and for such period as may be specified by the Minister.

• (6) A planning authority may, on stated grounds based on subsections (1) to (4), by resolution, request the Minister to appoint a commissioner to carry out all or any of the functions of the authority under this Act and the Minister shall have regard to any such request.

• (7) It shall be the duty of every member of, and every chief executive and member of staff of, a planning authority to cooperate with, and comply with a request of, a commissioner appointed under this section.

• (8) A person who obstructs or impedes, or without reasonable excuse fails to comply with a request of, a commissioner under this section shall be guilty of an offence.

• (9) A person who is guilty of an offence under subsection (8) is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both.

578. Provisions relating to offences

578. (1) A person who is guilty of an offence under this Part (other than an offence under subsection (8) of section 577) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

• (2) Proceedings for an offence under section 574 shall not be instituted except by or with the consent of the Director of Public Prosecutions.

• (3) Where—

• (a) a person is convicted of an offence under section 574, and

• (b) the person is a member of—

• (i) a planning authority, or

• (ii) a committee of a planning authority,

the person shall on conviction cease to be a member of the planning authority or committee of a planning authority, as the case may be.

• (4) Where a person by virtue of subsection (3) ceases to be a member of any planning authority or committee of a planning authority, as the case may be, he or she shall be disqualified from being a member of that—

• (a) planning authority during the period which, but for the cessation of his or her membership under this section, would be the remainder of his or her term, or

• (b) committee of a planning authority during the period which, but for the cessation of his or her membership under this section, would be the remainder of his or her term or during a fixed period of 5 years, whichever is the longer period.

• (5) A disqualification under this section shall take effect on the expiry of the ordinary time for appeal from the conviction concerned or, if an appeal is brought within that time, upon the final disposal of that appeal.

• (6) Where a person contravenes or fails to comply with a requirement of section 574, or acts as a member of a planning authority or committee of a planning authority, as the case may be, while disqualified for membership by virtue of this section, the fact of the contravention or failure or of his or her so acting, as the case may be, shall not invalidate any act or proceeding of the planning authority or committee of a planning authority, as the case may be.

579. Effect of repeal of section 255 of Act of 2000

579. Notwithstanding the repeal of section 255 of the Act of 2000 effected by section 6, the said section 255 shall continue to apply and have effect in relation to any request, direction or appointment under that section made or given before that repeal.

PART 20 Financial and Miscellaneous Provisions

580. Charging of expenses of planning authority

580. The expenses incurred by a planning authority under this Act shall be charged on the local authority concerned.

581. Apportionment of joint expenses of planning authorities

581. (1) Two or more planning authorities may, by resolution, make and carry out an agreement for sharing the cost of performing all or any of their functions under this Act and, where an agreement has been made under this subsection, the planning authorities concerned may, by resolution, terminate it at any time if they so agree.

• (2) Where a planning authority proposes to perform in its functional area or nearshore area a function under this Act at the request of or wholly or partially in the interests of the area of another planning authority (being a planning authority whose area is contiguous with the area of the first-mentioned planning authority), the other planning authority shall defray the cost of the performance of the function to such extent as may be agreed upon between the authorities or, in default of agreement, as shall be determined by the Minister.

582. Power to set off

582. Where a sum of money is due under this Act to any person by a planning authority and, at the same time, another sum of money under this Act is due by that person to that authority, the planning authority may set off the former sum against the latter, as may be appropriate, in whole or in part.

583. Fees payable to planning authorities

583. (1) The Minister may make regulations providing for—

• (a) the payment to planning authorities of prescribed fees in relation to applications for—

• (i) permission under Part 4, or

• (ii) extensions, further extensions or alterations under Chapter 5 of Part 4,

• (b) the payment to planning authorities of prescribed fees in relation to the making of submissions respecting applications for permission referred to in paragraph (a),

• (c) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 10,

• (d) the payment to planning authorities of prescribed fees in relation to requests for declarations under section 310,

• (e) the payment to planning authorities of prescribed fees in relation to any consultation or advice under section 90, 91 or 139, and

• (f) the payment to planning authorities of prescribed fees in relation to applications for grants of licences under section 13.

• (2) Regulations under this section may provide for the following:

• (a) the payment of different fees in relation to cases of different classes or descriptions;

• (b) exemption from the payment of fees in specified circumstances;

• (c) the waiver, remission or refund (in whole or in part) of fees in specified circumstances;

• (d) the manner in which fees are to be disposed of.

• (3)
• (a) Where, under regulations under this section, a fee is payable to a planning authority by an applicant in respect of an application to which paragraph (a) or (f) of subsection (1) applies, a decision in relation to the application shall not be made until the fee is paid.

• (b) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of a request to which paragraph (c) or (d) of subsection (1) applies, the planning authority shall not make the declaration, until the fee is paid.

• (c) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of a consultation or advice to which paragraph (e) of subsection (1) applies, the planning authority shall not engage in the consultation or provide the advice, as the case may be, until the fee is paid.

• (4) A submission referred to in paragraph (b) of subsection (1) shall not be considered by the planning authority unless any fee payable in respect of the submission has been received by the planning authority within the time limit prescribed.

• (5) A planning authority shall specify fees for the making of copies under any section of this Act, not exceeding the reasonable cost of making such copies.

584. Development contributions

584. (1) In this section—

“public infrastructure and facilities” means—

• (a) the acquisition of land for one or more than one of the purposes referred to in paragraphs (b) to (n),

• (b) the provision of open spaces, recreational and community facilities and landscaping works,

• (c) the provision of roads, car parks, car parking places, surface water sewers and flood relief work,

• (d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities and traffic calming measures,

• (e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers and flood relief work,

• (f) the provision of high-capacity telecommunications infrastructure, such as broadband,

• (g) the provision of sites for schools and other educational facilities, including childcare facilities,

• (h) infrastructure, pertaining to aspects of the natural and built environment relating to land, that provides ecosystemic and social benefits, including infrastructure to support decarbonisation and the reduction of anthropogenic greenhouse gases,

• (i) infrastructure, pertaining to aspects of the natural and built environment relating to water, waterways and water bodies, that provide ecosystemic and social benefits, including infrastructure such as flood defences and sustainable water management solutions,

• (j) works relating to the character and amenity of areas to which the public have access such as roads, footpaths, lanes, parks, squares, open spaces and building facades,

• (k) the provision of sites for facilities for the social, economic, recreational, cultural, environmental or general development of the community,

• (l) the provision of sites for facilities for the elderly and for persons with disabilities,

• (m) facilities (including programmes) relating to education, training or skills development in connection with the provision of employment opportunities for the community in conjunction with an established educational authority or institution, and

• (n) any infrastructure or amenities ancillary to any of the matters referred to in paragraphs (b) to (m);

“scheme” shall be construed in accordance with paragraph (a) of subsection (2);

“special contribution” means a special contribution referred to in subsection (10).

• (2)
• (a) A planning authority may, as it sees fit, make one or more than one development contribution scheme under this section (in this section referred to as a “scheme”) and different schemes may be so made in respect of different parts of its functional area.

• (b) A scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.

• (c) Subject to paragraph (d), a scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities in accordance with the terms of the scheme.

• (d) In stating the basis for determining the contributions in accordance with paragraph (c), a scheme shall indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities except that any benefit which accrues in respect of existing development may not be included in any such determination.

• (e) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances in accordance with the terms of the scheme.

• (f) A scheme shall include details of the public infrastructure and facilities which are provided or proposed to be provided, including an order of priority in respect of specific locations within the functional area of the planning authority where at least 30 per cent of the contributions will be focused for spending to align with the zoning of land for new development of all classes within the development plan, and the planning authority shall from time to time, as required, amend the scheme to reflect changes to zoning objectives.

• (3) Where a planning authority proposes to make a scheme, it shall publish, on its website and in at least one newspaper, a notice—

• (a) stating that a draft scheme has been prepared,

• (b) giving details of the proposed contributions under the draft scheme,

• (c) indicating the times at which, the period (which shall be not less than 6 weeks) during which, and the place where, a copy of the draft scheme may be inspected, and

• (d) stating that submissions or observations may be made in writing to the planning authority in relation to the draft scheme before the end of the period for inspection.

• (4)
• (a) In addition to the requirements of subsection (3), a planning authority shall send a copy of the draft scheme to the Minister.

• (b) The Minister may make recommendations to the planning authority regarding the terms of the draft scheme within 6 weeks of being sent the scheme.

• (5)
• (a) Subject to paragraph (b), not later than 4 weeks after the expiration of the period for making submissions or observations under subsection (3), the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration.

• (b) A report under paragraph (a) shall—

• (i) list the persons who made submissions or observations under subsection (3),

• (ii) summarise the issues raised by the persons in the submissions or observations, and