Planning and Development Act 2024

(b) section 74, 75, 77 or 78,

shall be read as a reference to the Gaeltacht or inhabited offshore island the subject of the plan.

73. Coordinated area plans

73. (1) Where a regional spatial and economic strategy designates a settlement or part of a settlement (in which case, the term “settlement” in this section shall be taken as referring to that part) as requiring a coordinated area plan, the principal planning authority and associate planning authority shall prepare, in accordance with the procedure set out in section 76, a plan (in this Act referred to as a “coordinated area plan”) which shall—

(a) specify how the settlement-specific objectives, integrated overall strategy for the proper planning and sustainable development of the functional area of each planning authority, as set out in the development plans in accordance with section 43, and the strategies and statements prepared under sections 44 to 51 of the development plans which apply to the settlement concerned, insofar as they are relevant to the settlement, will be implemented in respect of the settlement concerned, and

(b) include such other objectives in such detail as may be determined by the principal planning authority and the associate planning authority to ensure the proper planning and sustainable development of the settlement to which it applies, including objectives relating to community facilities and amenities and standards for the design and architecture of structures and public areas.

(2) A coordinated area plan shall—

(a) be materially consistent with—

(i) the objectives and provisions of the regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(ii) the settlement-specific objectives set out in the development plan for each planning authority in which the settlement concerned is situate which apply to the settlement concerned,

(iii) the zoning objectives of the development plan for each planning authority in which the settlement concerned is situate which apply to the settlement concerned,

(iv) the integrated overall strategy of the functional area of each planning authority in which the settlement concerned is situate, as set out in the development plan of each planning authority in accordance with section 43, and

(v) the strategies and statements prepared under sections 44 to 51 of the development plan for each planning authority in which the settlement concerned is situate insofar as such strategies apply to the settlement or part of the settlement concerned,

and

(b) take due account of any relevant transport strategy of the National Transport Authority.

(3) A principal planning authority and an associate planning authority shall collectively appoint a coordinated area plan committee for the purposes of preparing a coordinated area plan.

(4) A coordinated area plan committee shall comprise of 11, 13 or 15 members from the principal planning authority and the associate planning authority who shall be appointed in accordance with the regional spatial and economic strategy.

(5) A coordinated area plan committee shall liaise with the chief executive of the principal planning authority in relation to the preparation of a draft coordinated area plan under section 76.

74. Conditions of urban area plans, priority area plans and coordinated area plans

74. (1) No settlement or part of a settlement may be the subject of, or be identified to be the subject of, more than one plan made under this Chapter.

(2) Where any provision of a plan made under this Chapter conflicts with a provision of a development plan which applies to the settlement or part of the settlement concerned, the conflicting provision of the plan made under this Chapter shall cease to have effect.

(3) An urban area plan or priority area plan shall take effect 4 weeks from the day on which the plan is made and shall, subject to subsection (4), remain in force for a period of 10 years or until the development plan which required that the plan be prepared is replaced, whichever is the shorter period.

(4) Where a planning authority, subsequent to the coming into effect of an urban area plan or priority area plan, makes a new development plan, the new development plan may provide that the urban area plan or priority area plan concerned shall continue to have effect for the period of 10 years referred to in subsection (3) provided that the planning authority is satisfied that the urban area plan or priority area plan—

(a) remains materially consistent with—

(i) the settlement-specific objectives set out in the new development plan which apply to the settlement or part of the settlement concerned (including, in the case of a priority area plan, any objectives under subsection (4) of section 52 applicable to a site or land within the area of the priority area plan),

(ii) the zoning objectives of the new development plan which apply to the settlement or part of the settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the new development plan in accordance with section 43, and

(iv) the strategies and statements prepared under sections 44 to 51 of the new development plan,

and

(b) continues to take due account of any relevant transport strategy of the National Transport Authority.

(5) A coordinated area plan shall take effect 4 weeks from the day on which the plan is made and shall, subject to subsection (6), remain in force for a period of 10 years or until the principal planning authority makes a new development plan, whichever is the shorter period.

(6) Where the principal planning authority, subsequent to the coming into effect of a coordinated area plan, makes a new development plan, the new development plan may provide that the coordinated area plan concerned shall continue to have effect for the period of 10 years referred to in subsection (5) provided that the principal planning authority—

(a) is satisfied that the coordinated area plan—

(i) remains materially consistent with—

(I) the settlement-specific objectives set out in the new development plan which apply to the settlement or the part of a settlement concerned,

(II) the zoning objectives of the new development plan which apply to the settlement or the part of a settlement concerned,

(III) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the new development plan in accordance with section 43, and

(IV) the strategies and statements prepared under sections 44 to 51 of the new development plan,

and

(ii) continues to take due account of any relevant transport strategy of the National Transport Authority,

and

(b) has obtained the consent of—

(i) the associate planning authority, and

(ii) the director of the relevant regional assembly,

to such extension of the period of effect of the coordinated area plan.

(7) A planning authority may at any time amend or revoke an urban area plan or a priority area plan made by the authority and this Chapter shall apply to the amendment or revocation of any such plan as it applies to the making of the plan.

(8) A principal planning authority and associate planning authorities may at any time jointly amend or revoke a coordinated area plan made by the authorities and this Chapter shall apply to the amendment or revocation or any such plan as it applies to the making of the plan.

(9) The Minister may prescribe such other matters to be addressed in an urban area plan, priority area plan or coordinated area plan taking into account the principles of proper planning and sustainable development of the settlement or part of the settlement, the statutory obligations of any local authority in the area, and any relevant policies or objectives of the Government or of any Minister of the Government.

75. Procedure for preparing and making urban area plans and priority area plans

75. (1) A planning authority shall commence the preparation of an urban area plan and a priority area plan prior to the preparation of an interim report under subsection (2) of section 56 on the progress achieved towards securing the implementation of the development plan for the functional area in which the part of the settlement concerned is situate.

(2) Before the sending and publication of a notice under subsection (5) of a proposal to make an urban area plan or a priority area plan—

(a) the chief executive of the planning authority shall consult the members of the planning authority or, in the case of a priority area plan where a sub-committee has been appointed under subsection (3) of section 72, the members of the sub-committee, and prepare a draft of the plan concerned, and

(b) the planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is required to be carried out in respect of the draft plan and shall determine, in accordance with Part 6, whether an appropriate assessment is required to be carried out in respect of the draft plan.

(3) Where the planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out a strategic environmental assessment, it shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(4) Where the planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out an appropriate assessment in respect of a draft urban area plan or priority area plan, it shall prepare a Natura impact report in accordance with Part 6.

(5) The planning authority shall—

(a) send notice of the proposal to make an urban area plan or priority area plan, as the case may be, a draft of the proposed plan and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Commission,

(iv) the regional assembly for the region in which the settlement or part of the settlement is situate,

(v) any planning authority whose functional area is contiguous to the settlement or part of the settlement to which the proposed plan relates,

(vi) where the settlement or part of the settlement to which the proposed plan relates includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the National Transport Authority, and

(viii) such other persons as may be prescribed,

and

(b) publish a copy of the notice referred to in paragraph (a) in one or more newspapers circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority.

(6) A notice under subsection (5) shall state—

(a) that the planning authority proposes to make an urban area plan or priority area plan,

(b) the outcome of the determinations made under paragraph (b) of subsection (2),

(c) that a draft of the proposed plan, the determinations made under paragraph (b) of subsection (2) and any environmental report prepared in accordance with subsection (3) or Natura impact report prepared in accordance with subsection (4) may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 6 weeks from the date of the notice) as may be so specified,

(d) that written submissions received before the expiry of the period specified in the notice, will be taken into consideration before the making of the urban area plan or priority area plan, and

(e) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (d).

(7) Written submissions received by the planning authority in accordance with paragraph (d) of subsection (6) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt.

(8) Subsequent to the receipt of written submissions received in accordance with paragraph (d) of subsection (6) and before finalisation of his or her report in accordance with subsection (9), the chief executive shall carry out in respect of the draft plan and any amendments which he or she proposes to recommend to the members of the planning authority, any assessment which is required in accordance with subsection (3) or (4).

(9) Not later than 12 weeks from the date of the notice under subsection (5), the chief executive of a planning authority shall prepare a report on any submissions received under paragraph (d) of subsection (6) and shall submit the report to the members of the planning authority for their consideration and publish it on a website maintained by or on behalf of the planning authority as soon as practicable following submission to the members.

(10) A report under subsection (9) shall—

(a) list the persons who made submissions,

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed plan,

(c) set out the opinion of the chief executive in relation to the matters raised in the submissions and his or her recommendations in relation to the proposed plan taking account of the principles of proper planning and sustainable development of the settlement or part of the settlement to which the plan relates, the statutory obligations of the planning authority in whose functional area the settlement or part of the settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the Office of the Planning Regulator, Minister, or regional assembly in respect of the proposed plan should be addressed,

(e) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the National Transport Authority in respect of the proposed plan should be addressed, and

(f) include any assessment of the chief executive under subsection (8).

(11) The members of the planning authority shall consider a report of the chief executive prepared under subsection (9) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the date of furnishing of the report to the members of the planning authority unless the planning authority, by resolution passed before the expiry of the said period—

(a) subject to subsection (12), decides to make the plan as recommended in the report of the chief executive,

(b) subject to subsection (12), decides to make the plan otherwise than as recommended in the chief executive’s report, or

(c) decides not to make the plan.

(12) Where the members of the planning authority resolve in accordance with paragraph (a) or (b) of subsection (11) to make an urban area plan or a priority area plan in a form that includes a material alteration, the plan shall not be considered to have been made and, subject to subsections (13) to (15), the planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (a) or (b) of subsection (11)—

(a) publish notice of the proposed material alteration in at least one newspaper circulating in the functional area of the planning authority and on a website maintained by or on behalf of the planning authority, which notice shall state—

(i) that the planning authority proposes to make an urban area plan or priority area plan in form that include a material alteration to the draft plan,

(ii) the outcome of the determinations made by the planning authority under subsections (13) and (14),

(iii) that a copy of the proposed material alteration, the determinations by the planning authority under subsection (13) and (14) and any environmental report or Natura impact report, may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(iv) that written submissions in respect of the proposed material alteration received within the period specified in the notice shall be taken into consideration and shall be published on a website maintained by or on behalf of the planning authority within 10 working days of receipt unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met,

and

(b) send notice of the proposed material alteration (enclosing a copy of the proposed material alteration) to the persons referred to in paragraph (a) of subsection (5).

(13) Prior to the publication of a notice under subsection (12), the planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(14) Prior to the publication of a notice under subsection (12), the planning authority shall determine, in accordance with Part 6, whether an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(15) Where the planning authority determines under subsection (13) or (14) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the material alteration and the 3 week period referred to in subsection (12) may be extended by such period as the chief executive specifies as being necessary for this purpose.

(16) Subsequent to receipt of the written submissions under subparagraph (iv) of paragraph (a) of subsection (12) and before finalisation of his or her report in accordance with subsection (17), the chief executive of the planning authority shall carry out in respect of the material alteration any assessment which has been determined in accordance with subsection (13) or (14) to be required.

(17) Not later than 8 weeks after the publication of a notice under subsection (12), the chief executive shall prepare a report on any submissions received under subparagraph (iv) of paragraph (a) of that subsection and submit the report to the members of the planning authority for their consideration.

(18) A report prepared for the purposes of subsection (17) shall be published on a website maintained by or on behalf of the planning authority as soon as practicable following submission to the members of the planning authority.

(19) A report under subsection (17) shall—

(a) list the persons who made submissions under subparagraph (iv) of paragraph (a) of subsection (12),

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed material alteration,

(c) set out the opinion of the chief executive in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration, taking account of the principles of proper planning and sustainable development of the settlement or part of the settlement to which the plan relates, the statutory obligations of the planning authority in whose functional area the settlement or part of the settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) set out the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in relation to the proposed material alteration should be addressed,

(e) set out the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the National Transport Authority in relation to the proposed material alteration should be addressed, and

(f) include the assessment of the chief executive under subsection (16).

(20) The members of the planning authority shall consider the report of the chief executive prepared under subsection (17) and the urban area plan or priority area plan, as the case may be, shall be deemed to be made in accordance with the recommendations set out in the report of the chief executive 6 weeks after the date of furnishing of the report to the members of the planning authority unless the planning authority, by resolution passed before the expiry of the said period—

(a) decides to make the plan as recommended in the report of the chief executive,

(b) decides to make the plan with or without the proposed material alteration as published in accordance with subsection (12) or with a further minor modification of the proposed material alteration, or

(c) decides not to make the plan.

(21) For the purposes of paragraph (b) of subsection (20), a modification to the material alteration shall be deemed to be minor where it—

(a) does not substantially or materially alter the material alteration, and

(b) is not likely to have significant effects on the environment or on any European site.

(22) A resolution referred to in subsection (11) or (20) shall require to be passed by not less than half of the members of the planning authority and the requirements of this subsection are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

(23) As soon as practicable and not later than 4 weeks after the making of an urban area plan or a priority area plan under paragraph (a) or (b) of subsection (11) or paragraph (a) or (b) of subsection (20) or the deemed making of an urban area plan or a priority area plan under subsection (11) or (20), a planning authority shall send a copy of the plan as made to the persons to which a notice was sent in accordance with paragraph (a) of subsection (5) and shall publish a copy of the plan on a website maintained by or on behalf of the planning authority.

(24) Where a planning authority in making an urban area plan or priority area plan under this section acts inconsistently with any submission made by the Office of the Planning Regulator or the Minister, the chief executive shall include notice of this fact, which notice shall contain a statement of the reasons for acting inconsistently with such submission, when sending a copy of the plan as made to the Office of the Planning Regulator and the Minister in accordance with subsection (23).

(25) Where a planning authority sends a copy of an urban area plan or a priority area plan to the Office of the Planning Regulator under subsection (23), the planning authority shall also send to the Office of the Planning Regulator any submissions received by the planning authority from the Minister, a regional assembly or the National Transport Authority in accordance with this section.

(26) A failure to comply with subsections (1), (7), (9), (12), (17) and (23) within the time period specified therein shall not of itself invalidate an urban area plan or priority area plan.

(27) The Minister may by regulations make further provision about—

(a) the preparation of, the making of and the amendment of urban area plans and priority area plans, and

(b) related matters.

76. Procedure for preparing and making coordinated area plans

76. (1) A principal planning authority shall commence the preparation of a coordinated area plan prior to the preparation by the principal planning authority of an interim report under subsection (2) of section 56 on the progress achieved towards securing the implementation of the development plan for the functional area.

(2) Before the sending and publication of a notice under subsection (5) of a proposal to make a coordinated area plan—

(a) the chief executive of the principal planning authority shall consult the coordinated area plan committee appointed under subsection (3) of section 73 and prepare a draft of the plan, and

(b) the principal planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the draft plan and shall determine, in accordance with Part 6, whether an appropriate assessment is or is not required to be carried out in respect of the draft plan.

(3) Where the principal planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out a strategic environmental assessment, it shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(4) Where the principal planning authority determines under paragraph (b) of subsection (2) that it is necessary to carry out an appropriate assessment, it shall prepare a Natura impact report in accordance with Part 6.

(5) The principal planning authority shall—

(a) send notice of the proposal to make a coordinated area plan, a draft of the proposed plan and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) to—

(i) the Minister,

(ii) the Office of the Planning Regulator,

(iii) the Commission,

(iv) the regional assembly for any region in which the settlement or the part of a settlement to which the proposed plan relates is situate,

(v) the associate planning authority,

(vi) any other planning authority whose functional area is contiguous with the settlement or the part of a settlement to which the proposed plan relates,

(vii) where the settlement or the part of a settlement to which the proposed plan relates includes a Gaeltacht, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(viii) the National Transport Authority, and

(ix) such other persons as may be prescribed,

and

(b) publish a copy of the notice referred to in paragraph (a) in one or more newspapers circulating in the settlement or the part of a settlement to which the proposed plan relates and on a website maintained by or on behalf of the principal planning authority.

(6) A notice under subsection (5) shall state—

(a) that the principal planning authority and associate planning authority propose to make a coordinated area plan,

(b) the outcome of the determinations made under paragraph (b) of subsection (2),

(c) that a draft of the proposed plan, the determinations made in accordance with paragraph (b) of subsection (2) and any environmental report referred to in subsection (3) or Natura impact report referred to in subsection (4) may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 6 weeks from the date of the notice) as may be so specified,

(d) that written submissions, received before the expiry of the period specified in the notice, will be taken into consideration before the making of the coordinated area plan, and

(e) that children, or groups representing the interests of children, are entitled to make submissions under paragraph (d).

(7) Written submissions received by the principal planning authority in accordance with paragraph (d) of subsection (6) shall, unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met, be published on a website maintained by or on behalf of the authority within 10 working days of their receipt and a copy of the submissions shall also be provided to the associate planning authority within the said period.

(8) Subsequent to the receipt of written submissions under paragraph (d) of subsection (6) and before finalisation of his or her report in accordance with subsection (9), the chief executive of the principal planning authority shall carry out any assessment which is required in accordance with subsection (3) or (4).

(9) Not later than 12 weeks from the date of the notice under subsection (5), the chief executive of the principal planning authority shall prepare a report on any submissions received under paragraph (d) of subsection (6) and shall submit the report to the members of the coordinated area plan committee for their consideration and publish it on a website maintained by or on behalf of the principal planning authority as soon as practicable following submission to the members of the committee.

(10) A report under subsection (9) shall—

(a) list the persons who made submissions,

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed plan,

(c) set out the opinion of the chief executive in relation to the matters raised in the submissions and his or her recommendations in relation to the proposed plan taking account of the principles of proper planning and sustainable development of the settlement or the part of a settlement to which the plan relates, the statutory obligations of any planning authorities in whose functional area the settlement or the part of a settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in respect of the proposed plan should be addressed,

(e) set out the opinion of the chief executive and his or her recommendations in relation to how any matters raised in submissions made by the National Transport Authority in respect of the proposed plan should be addressed, and

(f) include any assessment of the chief executive under subsection (8).

(11) The members of the coordinated area plan committee shall consider a report of the chief executive prepared under subsection (9) and shall within 6 weeks after the date of furnishing of the report to the members of the coordinated area plan committee by resolution—

(a) make a recommendation to the principal planning authority and associate planning authority not to make the draft coordinated area plan,

(b) make a recommendation to the principal planning authority and associate planning authority to make the draft coordinated area plan with or without a non- material alteration, or

(c) subject to subsection (14), propose an alteration to the draft coordinated area plan which, if made, would be a material alteration.

(12) Where the members of the coordinated area plan committee make a recommendation under paragraph (a) or (b) of subsection (11), the principal planning authority and the associate planning authority shall consider the recommendation in accordance with subsection (24).

(13) Where the members of the coordinated area plan committee fail to pass any resolution under subsection (11) within the period specified therein, the recommendation of the chief executive of the principal planning authority as set out in the report prepared under subsection (9) shall be deemed to be the recommendation of the coordinated area plan committee and the principal planning authority and the associate planning authority shall consider this recommendation in accordance with subsection (24).

(14) Where the members of the coordinated area plan committee resolve in accordance with paragraph (c) of subsection (11) to propose a material alteration to the draft coordinated area plan, subject to subsections (15) to (17), the principal planning authority shall, not later than 3 weeks after the passing of a resolution under paragraph (c) of subsection (11)—

(a) publish notice of the proposed material alteration in one or more newspapers circulating in the settlement or the part of a settlement to which the proposed coordinated area plan relates and on a website maintained by or on behalf of the principal planning authority, which notice shall state—

(i) that the members of the coordinated area plan committee have resolved to make a material alternation to the draft coordinated area plan,

(ii) the outcome of the determinations made by the principal planning authority under subsections (15) and (16),

(iii) that a copy of the proposed material alteration, the determinations made by the principal planning authority in accordance with subsection (15) and (16) and any environmental report or Natura impact report, may be inspected at a place specified in the notice at such times as may be specified during a period (being a period of not less than 4 weeks from the date of the notice) as may be so specified, and

(iv) that written submissions in respect of the proposed material alteration received within the period specified in the notice shall be copied to the associate planning authority, shall be taken into consideration and shall, within 10 working days of receipt, be published on a website maintained by or on behalf of the principal planning authority unless one or more of the criteria set out in paragraph (b) of subsection (6) of section 54 is met,

and

(b) send notice of the proposed material alteration (enclosing a copy of the proposed material alteration) to the persons referred to in paragraph (a) of subsection (5).

(15) Prior to the publication of a notice under subsection (14), the principal planning authority shall determine, in accordance with the Strategic Environmental Assessment Regulations, whether a strategic environmental assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(16) Prior to the publication of a notice under subsection (14), the principal planning authority shall determine, in accordance with Part 6, whether an appropriate assessment is or is not required to be carried out in respect of the material alteration of the draft plan.

(17) Where the principal planning authority determines under subsection (15) or (16) that a strategic environmental assessment or an appropriate assessment is required, it shall prepare an environmental report or Natura impact report in relation to the material alteration and the 3 week period referred to in subsection (14) may be extended by such period as the chief executive of the principal planning authority specifies as being necessary for this purpose.

(18) Subsequent to receipt of the written submissions under subparagraph (iv) of paragraph (a) of subsection (14) and before finalisation of his or her report in accordance with subsection (19), the chief executive of the principal planning authority shall carry out in respect of the material alteration any assessment which is required in accordance with subsection (15) or (16).

(19) Not later than 8 weeks after the publication of a notice under subsection (14), the chief executive of the principal planning authority shall prepare a report on any submissions received under subparagraph (iv) of paragraph (a) of that subsection and submit the report to the members of the coordinated area plan committee for their consideration.

(20) A report prepared for the purposes of subsection (19) shall be published on a website maintained by or on behalf of the principal planning authority as soon as practicable following submission to the members of the coordinated area plan committee.

(21) A report under subsection (19) shall—

(a) list the persons who made submissions under subparagraph (iv) of paragraph (a) of subsection (14),

(b) provide a summary of any submissions made by—

(i) the Office of the Planning Regulator, the Minister or regional assembly, and

(ii) other persons (and the report may, for this purpose, group and summarise the issues raised in different submissions made by other persons on a thematic basis),

in relation to the proposed material alteration,

(c) contain the opinion of the chief executive in relation to the issues raised, and his or her recommendations in relation to the proposed material alteration, taking account of the principles of proper planning and sustainable development of the settlement or the part of a settlement to which the plan relates, the statutory obligations of the planning authorities in whose functional area the settlement or the part of a settlement is situated and any relevant policies or objectives of the Government or of any Minister of the Government,

(d) contain the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the Office of the Planning Regulator, the Minister, or regional assembly in relation to the proposed material alteration should be addressed,

(e) contain the opinion of the chief executive and his or her recommendations in relation to how any issues raised in submissions made by the National Transport Authority in relation to the proposed material alteration should be addressed, and

(f) include the assessment of the chief executive under subsection (18).

(22) The members of the coordinated area plan committee shall consider a report of the chief executive prepared under subsection (19) and shall within 6 weeks after the furnishing of the report to the members of the coordinated area plan committee by resolution—

(a) make a recommendation to the principal planning authority and associate planning authority not to make the draft coordinated area plan, or

(b) make a recommendation to the principal planning authority and associate planning authority to make the draft coordinated area plan with or without the proposed material alteration,

and the principal planning authority and the associate planning authority shall consider such recommendation in accordance within subsection (24).

(23) Where the members of the coordinated area plan committee fail to pass any resolution under subsection (22) within the period specified therein, the recommendation of the chief executive of the principal planning authority as set out in the report prepared under subsection (19) shall be deemed to be the recommendation of the coordinated area plan committee and the principal planning authority and the associate planning authority shall consider this recommendation in accordance with subsection (24).

(24) (a) Within 4 weeks of receipt of a recommendation of a coordinated area plan committee under subsection (11), (13), (22) or (23), the members of the principal planning authority and the associate planning authority shall vote by resolution on whether to accept the recommendation and whether or not to make the coordinated area plan with or without the proposed material alteration.

(b) Where the members of the planning authority decide to make the plan with the material alteration, they may do so subject to any minor modifications that they consider necessary.

(c) For the purposes of paragraph (b), a modification to the material alteration shall be deemed to be minor where it—

(i) does not substantially or materially alter the material alteration, and

(ii) is not likely to have significant effects on the environment or on any European site.

(25) A resolution referred to in subsection (24) shall require to be passed—

(a) by the principal planning authority and the associate planning authority, and

(b) by not less than half of the total number of members of each planning authority,

and the requirements of this subsection are in addition to, and not in substitution for, any other requirements applying in relation to such a resolution.

(26) As soon as practicable and not later than 4 weeks after the making of a coordinated area plan under subsection (24), a principal planning authority shall send a copy of the plan as made to the persons to which a notice was sent in accordance with paragraph (a) of subsection (5) and the principal planning authority and the associate planning authority shall each publish a copy of the plan on a website maintained by it or on its behalf.

(27) Where a principal planning authority and associate planning authority in making a coordinated area plan under this section act inconsistently with any submission made by the Office of the Planning Regulator or the Minister, the chief executive of the principal planning authority shall include notice of this fact, which notice shall contain a statement of the reasons for acting inconsistently with such submission, when sending a copy of the plan as made to the Office of the Planning Regulator and the Minister in accordance with subsection (26).

(28) Where a principal planning authority sends a copy of the coordinated area plan to the Office of the Planning Regulator under subsection (26), the principal planning authority shall also send any submissions received by the principal planning authority from the Minister, the regional assembly and the National Transport Authority in accordance with this section.

(29) Where any notice, submission or report requires to be published by a principal planning authority under this section on a website maintained by or on behalf of the principal planning authority, an associate planning authority shall, within 2 working days of publication by the principal planning authority, publish a link to such publication on a website maintained by or on behalf of the associate planning authority.

(30) Where the members of the principal planning authority and the associate planning authority by resolution under subsection (24) decide not to make a plan, or where they fail to vote on a resolution within the 4 week period referred to in that subsection, the chief executive of the principal planning authority shall as soon as practicable recommence the procedures in this section.

(31) (a) Where a dispute arises between a principal planning authority and an associate planning authority in relation to the application of the procedures under this section, the principal planning authority or the associate planning authority may refer that dispute to the Minister for resolution.

(b) Where a dispute is referred to the Minister under paragraph (a), the period of time from the date of such referral to the resolution of the dispute under subsection (32) shall be disregarded for the purposes of reckoning any period referred to in this section.

(32) Where a dispute is referred to the Minister under subsection (31), the Minister—

(a) shall consult with the principal planning authority and associate planning authority, the Office of the Planning Regulator and regional assembly for the region in which the settlement or the part of a settlement to be the subject of the coordinated area plan is situate, and

(b) may, having complied with paragraph (a) and provided he or she is satisfied that a planning authority, a chief executive of a principal planning authority or a coordinated area plan committee appointed under subsection (3) of section 73 has failed to discharge a statutory obligation imposed under this section, by notice require the planning authority, chief executive of a principal planning authority or coordinated area plan committee, as the case may be, to take such steps as are specified in the notice for the purposes of ensuring compliance with this section,

and the planning authority, chief executive of a principal planning authority or coordinated area plan committee, as the case may be, shall comply with any such notice.

(33) A failure to comply with subsections (1), (7), (9), (14), (19), (24), (26) and (29) within the time period specified therein shall of itself not invalidate a coordinated area plan.

(34) The Minister may by regulations make further provision about—

(a) the preparation of, the making of and the amendment of coordinated area plans, and

(b) related matters.

77. Automatic revocation of urban area plans, priority area plans and coordinated area plans in certain circumstances

77. (1) Where a planning authority varies a development plan or makes a new development plan and the development plan as varied or the new development plan, as the case may be, provides that a settlement or part of a settlement shall no longer be the subject of an urban area plan or a priority area plan, any such plan in force shall be deemed to be revoked and shall cease to have effect on the date upon which the variation or the new development plan comes into effect.

(2) In preparing a new development plan or a variation of an existing development plan, if subsection (1) would apply to the proposed new plan or the existing plan as proposed to be varied, the planning authority shall take account of the effects of the revocation of the urban area plan or priority area plan concerned in carrying out any—

(a) screening for strategic environmental assessment,

(b) strategic environmental assessment,

(c) screening for appropriate assessment, and

(d) appropriate assessment,

in respect of the proposed new plan or proposed variation, as the case may be.

(3) Where a regional assembly revises a regional spatial and economic strategy or makes a new regional spatial and economic strategy and the regional spatial and economic strategy as revised or the new regional spatial and economic strategy, as the case may be, provides that a settlement or the part of a settlement shall no longer be the subject of a coordinated area plan, any such plan in force shall be deemed to be revoked and shall cease to have effect on the date upon which the revised or new regional spatial and economic strategy comes into effect.

(4) In preparing a new regional spatial and economic strategy or a revision to an existing regional spatial and economic strategy, if subsection (3) would apply to the proposed new strategy or the existing strategy as proposed to be revised, the regional assembly shall take account of the effects of the revocation of the coordinated area plan concerned in carrying out any—

(a) screening for strategic environmental assessment,

(b) strategic environmental assessment,

(c) screening for appropriate assessment, and

(d) appropriate assessment,

in respect of the new strategy or proposed revision, as the case may be.

78. Assessment of urban area plans, priority area plans and coordinated area plans by Office of Planning Regulator and recommendation to Minister

78. (1) The Office of the Planning Regulator shall, upon being notified—

(a) by a planning authority of the making or amendment of an urban area plan or priority area plan, or

(b) by a chief executive of a principal planning authority of the making or amendment of a coordinated area plan,

carry out an assessment of the urban area plan, priority area plan or coordinated area plan, as the case may be, in accordance with subsection (3).

(2) (a) The Minister may, at any time, request the Office of the Planning Regulator to carry out an assessment of an urban area plan, priority area plan or coordinated area plan.

(b) The Minister, a regional assembly or a planning authority may, at any time, notify the Office of the Planning Regulator of any matter in an urban area plan, priority area plan or coordinated area plan (including, in the case of a planning authority, an urban area plan, priority area plan or coordinated area plan that relates to the functional area of a different planning authority) that the Minister, regional assembly or planning authority, as the case may be, believes—

(i) to be materially inconsistent with—

(I) the settlement-specific objectives set out in a development plan which applies to the settlement or the part of a settlement concerned,

(II) the zoning objectives of a development plan which applies to the settlement or the part of a settlement concerned,

(III) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43,

(IV) the strategies and statements prepared under sections 44 to 51 of a development plan which applies to the settlement or the part of a settlement concerned, or

(V) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

or

(ii) fails to take due account of any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned.

(c) Where the Office of the Planning Regulator receives a request from the Minister under paragraph (a), it shall carry out an assessment of the plan concerned in accordance with subsection (3).

(d) Where the Office of the Planning Regulator receives a notification from the Minister, a regional assembly or a planning authority under paragraph (b), it shall carry out an assessment of the alleged inconsistency in accordance with subsection (3).

(e) At any time, the Office of the Planning Regulator may, at its own initiative and for stated reasons, carry out an assessment of an urban area plan, priority area plan or coordinated area plan in accordance with subsection (3).

(3) In carrying out an assessment of an urban area plan, priority area plan or coordinated area plan under subsection (1) or (2), the Office of the Planning Regulator shall, for the purposes of forming an opinion under subsection (8), in particular, consider—

(a) any submissions made by the Minister, the Office of the Planning Regulator, a regional assembly, the National Transport Authority or any other body as may be prescribed, under this Chapter in respect of a draft plan or proposed amendment of such a plan,

(b) the settlement-specific objectives set out in a development plan which apply to the settlement or the part of a settlement concerned,

(c) the zoning objectives of a development plan which apply to the settlement or the part of a settlement concerned,

(d) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43,

(e) the strategies and statements prepared under sections 44 to 51 of a development plan which apply to the settlement or the part of a settlement concerned,

(f) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(g) any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned, and

(h) the requirements of this Chapter.

(4) Where the Office of the Planning Regulator, as part of an assessment under subsection (1) or (2), forms a preliminary view that the urban area plan, priority area plan or coordinated area plan concerned or any part or provision thereof should be suspended because it may be materially inconsistent with one or more of the items referred to in subparagraphs (i) to (v) of paragraph (a) of subsection (8), it may issue a notice to the planning authority or, in the case of a coordinated area plan, the principal planning authority and the associate planning authority, which shall take effect immediately upon issuance and shall—

(a) suspend the effect of the plan or part or provision thereof concerned pending the completion of its assessment, and

(b) remain in effect pending the completion of—

(i) the issuance by the Office of the Planning Regulator of a draft direction under section 79, in accordance with a direction of the Minister under paragraph (b) of subsection (12),

(ii) the issuance by the Minister of a direction under paragraph (b) of subsection (13) not to issue a draft direction, or

(iii) the making of a recommendation by the Office of the Planning Regulator to the Minister under subsection (9) not to make a draft direction.

(5) Where the Office of the Planning Regulator issues a notice under subsection (4), it shall on the same day provide a copy of the notice to the Minister and the Commission and publish the notice on a website maintained by or on behalf of the Office of the Planning Regulator.

(6) The Office of the Planning Regulator, in carrying out an assessment under subsection (1) or (2)—

(a) shall, where the assessment is being carried out under subsection (2)—

(i) in the case of an urban area plan or a priority area plan, consult the chief executive and members of the planning authority, and

(ii) in the case of a coordinated area plan, consult the chief executive and the members of the principal planning authority and the chief executive and the members of the associate planning authority,

(b) may require a planning authority, principal planning authority or associate planning authority to provide it with such information as it considers necessary, and

(c) may consult with any other person it considers necessary.

(7) A planning authority, principal planning authority or associate planning authority, as the case may be, shall furnish the Office of the Planning Regulator with any documentation or information that may be requested by the Office of the Planning Regulator, within the period specified in such a request.

(8) Where, following an assessment carried out pursuant to subsection (1) or (2), the Office of the Planning Regulator forms the opinion that an urban area plan, priority area plan or coordinated area plan—

(a) is materially inconsistent with—

(i) the settlement-specific objectives set out in a development plan which apply to the settlement or the part of a settlement concerned,

(ii) the zoning objectives of a development plan which apply to the settlement or the part of a settlement concerned,

(iii) the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in a development plan which applies to the settlement or the part of a settlement concerned in accordance with section 43,

(iv) the strategies and statements prepared under sections 44 to 51 of a development plan which apply to the settlement or the part of a settlement concerned, or

(v) in the case of a coordinated area plan, the objectives and provisions of a regional spatial and economic strategy relating to the area of the coordinated area plan concerned,

(b) fails to take due account of any relevant transport strategy of the National Transport Authority which applies to the settlement or the part of a settlement concerned, or

(c) is otherwise in contravention of a requirement of this Act,

it shall make a recommendation to the Minister that a draft direction under section 79 should be issued, which recommendation shall be accompanied by—

(i) proposed terms for the draft direction, having regard to paragraphs (a) and (b) of subsection (1) and subsection (2) of section 79, and

(ii) a statement of the reasons for the recommendation.

(9) Where, following an assessment carried out pursuant to subsection (1) or (2), the Office of the Planning Regulator forms the opinion that none of the criteria for the issuance of a draft direction set out in subsection (8) is met, it shall make a recommendation to the Minister that a draft direction under section 79 should not be issued, which recommendation shall be accompanied by a statement of reasons for the recommendation.

(10) The Office of the Planning Regulator shall notify the planning authority concerned (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority) and, where applicable, any planning authority or regional assembly which initiated the assessment in accordance with paragraph (b) of subsection (2), of its decision not to issue a draft direction and provide them with a statement of the reasons for that decision.

(11) Subject to subsections (12) and (13), the Minister shall, within 6 weeks of receipt of a recommendation of the Office of the Planning Regulator under subsection (8)—

(a) consider the recommendation, statement of reasons and proposed terms for the draft direction, and

(b) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator that a draft direction should be issued under section 79, whether with or without modifications.

(12) Where the Minister decides under subsection (11) that a draft direction should be issued under section 79, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (c) of subsection (8) the Minister considers to be met, and

(b) direct the Office of the Planning Regulator to issue a draft direction under section 79 in accordance with the proposed terms for the draft direction under subsection (8), with or without such modifications as may be specified by the Minister in the direction.

(13) Where the Minister decides under subsection (11) that a draft direction should not be issued under section 79, he or she shall—

(a) identify in the stated reasons provided under paragraph (b) of subsection (11) which of the criteria in paragraphs (a) to (c) of subsection (8) the Minister considers to be met and his or her reasons for deciding that a draft direction should not be issued, and

(b) direct the Office of the Planning Regulator not to issue the draft direction.

(14) Where the Minister issues a direction under paragraph (b) of subsection (13) and the Office of the Planning Regulator has issued a notice to a planning authority under subsection (4), the Office of the Planning Regulator shall notify the planning authority concerned of the direction of the Minister for the purposes of subparagraph (ii) of paragraph (b) of subsection (4).

(15) A direction issued under paragraph (b) of subsection (13) shall be laid before each House of the Oireachtas by the Minister.

79. Issuance of draft direction by Office of Planning Regulator

79. (1) On receipt of a direction of the Minister to issue a draft direction pursuant to paragraph (b) of subsection (12) of section 78, the Office of the Planning Regulator may, subject to subsection (5), issue a draft direction, which if issued to a planning authority in a direction issued by the Minister under section 80 would require—

(a) an urban area plan, priority area plan or coordinated area plan to be amended in the manner specified in the direction, and

(b) the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) to implement the amendment referred to in paragraph (a) and publish the urban area plan, priority area plan or coordinated area plan, as the case may be, as so amended.

(2) A draft direction issued under subsection (1) may identify any provision of the plan that is the subject of the draft direction the operation of which, in the opinion of the Office of the Planning Regulator, ought to be suspended pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 80.

(3) Where a draft direction issued under subsection (1) identifies a provision in accordance with subsection (2), the operation of the provision concerned shall be suspended from the date of the draft direction until the date a decision is made by the Minister under subsection (4) of section 80.

(4) (a) A planning authority or the Commission shall not determine any application for permission which would be materially affected by a provision suspended in accordance with subsection (3) or by any amendment of an urban area plan, priority area plan or coordinated area plan specified in a draft direction issued under subsection (1) pending the making of a recommendation under this section and consideration of the recommendation and the making of a decision by the Minister under subsection (4) of section 80.

(b) Where a planning authority or the Commission is temporarily precluded from determining any application for permission under paragraph (a), it shall notify the applicant.

(5) Before issuing a draft direction under subsection (1), the Office of the Planning Regulator shall—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on the environment, and

(b) conduct a screening assessment in accordance with Part 6 to determine whether the draft direction, if issued and complied with, would be likely to have significant effects on any European site.

(6) (a) Where it is determined in accordance with paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined in accordance with paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with Part 6.

(7) Where the Office of the Planning Regulator issues a draft direction in accordance with subsection (1), it shall—

(a) publish a notice of the issuance of the draft direction on a website maintained by or on behalf of the Office of the Planning Regulator and in one or more newspapers circulating in the area to which the plan concerned relates,

(b) direct the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority) to publish notice of the issuance of the draft direction on a website maintained by or on behalf of the planning authority, and

(c) send a copy of the notice published under paragraph (a), together with a copy of the draft direction, to—

(i) the Minister,

(ii) where the subject matter of the draft direction is an urban area plan or a priority area plan, the chief executive of the planning authority and the members of the planning authority,

(iii) where the subject matter of the draft direction is a coordinated area plan, the chief executive and the members of the principal planning authority and the chief executive and the members of the associate planning authority,

(iv) the director of the relevant regional assembly,

(v) where the planning authority (and where the subject matter of the draft direction is a coordinated area plan, the principal planning authority or the associate planning authority) is a coastal planning authority, the Maritime Area Regulatory Authority,

(vi) where the subject matter of the draft direction is an urban area plan, priority area plan or coordinated area plan that relates to a settlement or part of a settlement which includes a Gaeltacht, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Údarás na Gaeltachta, Foras na Gaeilge and Oifig an Choimisinéara Teanga,

(vii) the Commission,

(viii) the National Transport Authority, and

(ix) any other body, as the Office of the Planning Regulator considers appropriate.

(8) A notice published under paragraph (a) of subsection (7) shall—

(a) state that the Office of the Planning Regulator has issued a draft direction in accordance with subsection (1),

(b) state the outcome of the determinations made in accordance with subsection (5),

(c) state that copies of the draft direction, the determinations made in accordance with subsection (5) and any environmental report or Natura impact report referred to in subsection (6) will be made available for inspection by members of the public at such place and for such period as is specified in the notice,

(d) state that such copies will also be available for inspection on a website maintained by or on behalf of the Office of the Planning Regulator and of the planning authority concerned (and, in the case of a coordinated area plan, the notice shall refer to copies being available for inspection on websites maintained by or on behalf of the principal planning authority and the associate planning authority),

(e) invite written submissions with respect to the draft direction and, where applicable, the strategic environmental assessment or appropriate assessment, before the expiration of such period (being not less than 4 weeks from the date of the notice) as is specified in the notice, and

(f) state that any such submissions made within the period specified in the notice shall be taken into account by the Office of the Planning Regulator in making a recommendation to the Minister as to whether to issue a direction in the terms of the draft direction and in the summary of submissions submitted to the Minister under subsection (12), which will be considered by the Minister in deciding whether to issue a direction under section 80.

(9) Subject to subsections (10), (11) and (12), the Office of the Planning Regulator shall, not later than 6 weeks after the expiry of the period specified in a notice published under paragraph (a) of subsection (7), and having considered the submissions received in relation to a draft direction issued under subsection (1), including any submissions received from the chief executive and the members of the planning authority, principal planning authority and associate planning authority, as the case may be—

(a) recommend that the Minister issue a direction under section 80 in the terms of the draft direction,

(b) recommend that the Minister issue a direction under section 80 in an amended form to take account of any submissions made pursuant to subsection (8), or

(c) recommend that the Minister not issue a direction under section 80.

(10) Where the Office of the Planning Regulator, following consideration of any submissions received, is of the opinion that none of the criteria in paragraphs (a) to (c) of subsection (8) of section 78 is met, the Office of the Planning Regulator shall make a recommendation under paragraph (c) of subsection (9), without prejudice to the power of the Office of the Planning Regulator to carry out further assessments pursuant to subsection (2) of section 78.

(11) (a) Where it is determined under paragraph (a) of subsection (5) that a strategic environmental assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraph (a) or (b) of subsection (9), carry out a strategic environmental assessment in respect of the draft direction that it is recommending that the Minister issue.

(b) Where it is determined under paragraph (b) of subsection (5) that an appropriate assessment is required, the Office of the Planning Regulator shall, prior to issuing a recommendation to the Minister under paragraph (a) or (b) of subsection (9), carry out an appropriate assessment in respect of the draft direction that it is recommending that the Minister issue.

(12) A recommendation to the Minister under subsection (9) shall be accompanied by a report of the Office of the Planning Regulator setting out—

(a) a copy of the draft direction issued under subsection (1),

(b) a summary of any written submissions received from the chief executive and the members of the planning authority, the principal planning authority and the associate planning authority, as the case may be, in relation to the draft direction,

(c) a summary of any written submissions received from any other person in relation to the draft direction (and the report may, for this purpose, group and summarise the issues raised in different submissions on a thematic basis),

(d) an analysis and evaluation by the Office of the Planning Regulator of any written submissions referred to in paragraphs (b) and (c),

(e) the reasons for the recommendation of the Office of the Planning Regulator,

(f) where the Office of the Planning Regulator is recommending that the Minister issue a direction under section 80 in an amended form, a copy of the proposed amended draft direction, and

(g) where required, the strategic environmental assessment or appropriate assessment of the Office of the Planning Regulator, or both, as the case may be, carried out by the Office of the Planning Regulator in accordance with subsection (11) in relation to the direction which the Office of the Planning Regulator is recommending that the Minister issue.

(13) A copy of the report and recommendation sent to the Minister under subsections (9) and (12), and any submissions made in relation to the draft direction, shall be—

(a) made available on a website maintained by or on behalf of the Office of the Planning Regulator, and

(b) sent to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority).

(14) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

80. Power of Minister to issue direction

80. (1) The Minister may, subject to this section, issue a direction to a planning authority requiring—

(a) an urban area plan, priority area plan or coordinated area plan to be amended in the manner specified in the direction, and

(b) the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) to implement the amendment referred to in paragraph (a) and publish the urban area plan, priority area plan or coordinated area plan, as the case may be, as so amended.

(2) The Minister may only issue a direction under subsection (1) where the Office of the Planning Regulator has issued a draft direction under subsection (1) of section 79 and made a recommendation under subsection (9) of that section.

(3) The Minister may only issue a direction under subsection (1) where he or she is satisfied that one or more of the criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 is met.

(4) Within 6 weeks of receipt of the recommendation and report of the Office of the Planning Regulator in accordance with subsections (11) and (12) of section 79, the Minister shall—

(a) consider the recommendation and report,

(b) consider any summary of submissions received by the Office of the Planning Regulator in relation to the draft direction issued under subsection (1) of section 79,

(c) make a decision, for stated reasons, as to whether to accept the recommendation of the Office of the Planning Regulator, and

(d) where the decision is to issue a direction under subsection (1)—

(i) identify in the stated reasons provided under paragraph (c) which of the criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 the Minister considers to be met, and

(ii) issue the direction in accordance with subsection (5).

(5) The Minister may issue the direction under subsection (1) to the planning authority—

(a) in the terms of the draft direction recommended by the Office of the Planning Regulator under subsection (9) of section 79,

(b) in the terms referred to in paragraph (a) with such minor modifications as the Minister considers appropriate, or

(c) subject to subsection (8), in the terms referred to in paragraph (a) with such other modifications as the Minister considers appropriate.

(6) For the purposes of paragraph (b) of subsection (5), a modification shall be deemed to be minor where it is not likely to have significant effects on the environment or on any European site.

(7) Prior to issuing a direction under subsection (1), the Minister shall consider any strategic environmental assessment or appropriate assessment included in the Office of the Planning Regulator’s report to the Minister in accordance with paragraph (g) of subsection (12) of section 79 and may adopt such assessment or make his or her own assessment and determination in respect of the direction.

(8) Before issuing a direction under paragraph (c) of subsection (5), the Minister shall request the Office of the Planning Regulator to—

(a) conduct a screening assessment in accordance with the Strategic Environmental Assessment Regulations to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on the environment, and

(b) conduct a screening assessment in accordance with Part 6 to determine whether the modifications, if incorporated into the direction and issued and complied with, would be likely to have significant effects on any European site.

(9) (a) Where it is determined under paragraph (a) of subsection (8) that a strategic environmental assessment is required, the Office of the Planning Regulator shall prepare an environmental report and proceed to conduct an assessment in accordance with the Strategic Environmental Assessment Regulations.

(b) Where it is determined under paragraph (b) of subsection (8) that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report and proceed to conduct an assessment in accordance with Part 6.

(c) The Office of the Planning Regulator shall report the outcome of any assessment carried out under paragraph (a) or (b) to the Minister.

(10) Where the Minister decides, whether or not in accordance with a recommendation made by the Office of the Planning Regulator under subsection (9) of section 79, not to make a direction under subsection (1), the Minister may request the Office of the Planning Regulator to carry out a further assessment under subsection (2) of section 78.

(11) A copy of a direction issued under subsection (1), together with a statement of reasons for making the direction, shall, within 5 working days beginning on the date on which the direction is issued, be—

(a) provided to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority), the relevant regional assembly, the Office of the Planning Regulator and the Commission,

(b) published on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage, and

(c) laid before each House of the Oireachtas by the Minister.

(12) Within 5 working days of receipt of a direction in accordance with subsection (11), the Office of the Planning Regulator and the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority), shall publish the direction on a website maintained by or on behalf of the Office of the Planning Regulator and the planning authority.

(13) Where the Minister decides not to issue a direction under subsection (1), he or she shall—

(a) provide a statement of reasons for the decision not to issue a direction to the relevant planning authority (which in the case of a coordinated area plan shall mean the principal planning authority and the associate planning authority), the relevant regional assembly, the Office of the Planning Regulator and the Commission,

(b) cause a copy of the statement referred to in paragraph (a) to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make the statement referred to in paragraph (a) available on a website maintained by or on behalf of the Department of Housing, Local Government and Heritage.

(14) Where the Minister issues a direction under subsection (1), the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) shall, as soon as practicable, comply with that direction.

(15) The chief executive or members of a planning authority, principal planning authority or associate planning authority shall not exercise any function conferred on them by this Act in a manner that contravenes a direction issued by the Minister under subsection (1).

(16) A direction issued by the Minister under subsection (1) shall have immediate effect and its terms shall be deemed to be incorporated into the urban area plan, priority area plan or coordinated area plan, as the case may be, or, if appropriate, to constitute the plan, pending the implementation of the direction and publication of the plan as amended by the direction by the planning authority (which in the case of a coordinated area plan shall mean the principal planning authority) in accordance with that direction.

(17) Where, in any application for judicial review of a direction made pursuant to this section in accordance with the Rules of the Superior Courts (S.I. No. 15 of 1986) and Part 9, the Court concludes that the Minister was not entitled to form the opinion that one or more of the criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 is met, this shall not warrant the quashing of the direction where—

(a) the Minister was also of the opinion that one or more of the other criteria set out in paragraphs (a) to (c) of subsection (8) of section 78 is met, and

(b) the Court finds that the Minister was entitled to form such an opinion.

(18) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning any period referenced in this section.

81. Continuation in force of pre-commencement local area plans

81. (1) Notwithstanding the repeal of section 20 of the Act of 2000 effected by section 6, a local area plan made under that section that was in force in respect of any particular area within the functional area of a planning authority immediately before such repeal shall continue in force on and after that repeal—

(a) for the remainder of the period stated in the plan for which it is to remain in force, or

(b) until a new development plan has been made under Chapter 5 in respect of the functional area to which the plan relates,

whichever is the shorter period.

F13[(1A) Notwithstanding the repeal ofsection 20of theAct of 2000bysection 6, a local area plan to whichsubsection (8)applies shall remain in force until—

(a) the expiration of such period as is specified in the plan, or

(b) the first making of a development plan underChapter 5in respect of the functional area to which the plan relates,

whichever occurs sooner].

(2) The members of a planning authority may, by resolution for the purposes of ensuring the effective operation of this Part, extend for such period as they consider appropriate, the period for which a local area plan continued in force under F14[subsection (1)or(1A)] is to remain in force provided that a new development plan has not been made under Chapter 5 in respect of the functional area to which the plan relates.

(3) Prior to adopting a resolution under subsection (2), a planning authority shall comply with any applicable requirements of the Strategic Environmental Assessment Directive (and the Strategic Environmental Assessment Regulations) and the Habitats Directive (and Part 6).

(4) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2) and a new development plan is made under Chapter 5 before the expiry of the period as extended, the local area plan concerned shall cease to have effect upon the coming into effect of the new development plan.

(5) Where the members of the planning authority extend the period for which a local area plan is to remain in force under subsection (2), the chief executive of the planning authority shall, as soon as practicable thereafter, notify the Minister of the extension.

(6) A planning authority may, during the period that a local area plan made by it remains in force by virtue of F14[subsection (1)or(1A)], amend that plan.

F13[(6A) Notwithstanding the repeal of Part II, Part XAB or Chapter III of Part IIB of theAct of 2000bysection 6, the said Parts II and XAB and that Chapter shall continue to apply and have effect in relation to a local area plan for the time being in force by virtue ofsubsection (1)or(1A).]

(7) Where a provision of a local area plan F14[to whichsubsection (1)or(1A)applies] conflicts with—

(a) a provision of the National Planning Framework or the relevant regional spatial and economic strategy for the time being in force, the provision of the National Planning Framework or the relevant regional spatial and economic strategy, as the case may be, shall take precedence,

(b) National Planning Policies and Measures contained in a National Planning Statement issued under section 25, the National Planning Policies and Measures shall take precedence, and

F14[(c) a provision of a development plan—

(i) continued in force undersubsection (1)ofsection 68, or

(ii) prepared, or varied, in accordance withsection 69, that provision of that development plan shall take precedence.]

(8) F13[Where a planning authority complies with paragraphs (a) and (b) of subsection (3) ofsection 20of theAct of 2000before the commencement of the repeal of Part II of that Act—

(a) Parts II and XAB, and Chapter III of Part IIB, of that Act shall, on and after such repeal, continue to apply and have effect for the purposes of—

(i) the notice sent under subparagraph (i) of the said paragraph (a), and

(ii) the notice published under subparagraph (ii) of that paragraph,

and

(b) the planning authority may, subject to the said Parts II and XAB and that Chapter, make the local area plan concerned, or make the amendment or revocation concerned, on or after such repeal.

(9) References in this Act (other thanParts 3and6andChapter 3ofPart 18) to an urban area plan shall be construed as including references to a local area plan made undersection 20of theAct of 2000for the time being in force by virtue of this section.]

PART 4 Development Consents

Chapter 1

82. Interpretation

82. (1) In this Part—

“Act of 1999” means the Electricity Regulation Act 1999;

“airport” means Dublin airport;

“Chapter 4 development” means—

(a) development for which retrospective consent is required, or

(b) subject to any regulations under section 115 in relation to any particular development or class of development that would, but for such regulations, fall within any of the following classes, development of any of the following classes:

(i) strategic infrastructure development;

(ii) electricity transmission infrastructure development;

(iii) strategic gas infrastructure development;

(iv) Chapter 4 maritime development;

(v) Chapter 4 local authority development;

(vi) Chapter 4 State authority development;

“Chapter 4 local authority development” means local authority development in respect of which an environmental impact assessment or appropriate assessment is required;

“Chapter 4 maritime development” means—

(a) development situated wholly in the outer maritime area,

(b) development situated partly in the outer maritime area and partly in—

(i) the nearshore area of a coastal planning authority, or

(ii) the nearshore areas of more than one coastal planning authority,

(c) development situated—

(i) partly in the outer maritime area,

(ii) partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

and

(iii) partly on land,

(d) development situated partly in the outer maritime area and partly on land,

(e) development situated—

(i) wholly in the nearshore areas of more than one coastal planning authority, or

(ii) partly on land and partly in the nearshore areas of more than one coastal planning authority,

or

(f) development of a class specified in Schedule 2 situated—

(i) wholly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority,

or

(ii) partly on land and partly in—

(I) the nearshore area of a coastal planning authority, or

(II) the nearshore areas of more than one coastal planning authority, but does not include—

(A) development in accordance with a permission under Part III of the Act of 2000 (whether or not granted before the repeal of Part XV of the Act of 2000) that, immediately before the repeal of Part XV of the Act of 2000, was required in accordance with section 225 of the Act of 2000,

(B) development in accordance with an approval under section 226 of the Act of 2000 (whether or not granted before the repeal of the said Part XV),

(C) development consisting of the erection of a building, pier, wall or other structure in accordance with a map, plan or specification approved in accordance with section 10 of the Act of 1933, or

(D) the deposit of any material in accordance with a consent referred to in section 13 of the Act of 1933;

“Chapter 4 PAC notification” has the meaning assigned by subsection (7) of section 116;

“Chapter 4 State authority development” means—

(a) State authority prescribed development in respect of which an appropriate assessment or environmental impact assessment is required,

(b) Chapter 4 State authority emergency development, or

(c) State authority urgent development;

“Chapter 4 State authority emergency development” has the meaning assigned to it by subsection (3) of section 155;

“Chapter 6 State authority development” means—

(a) State authority prescribed development that does not require appropriate assessment or environmental impact assessment, or

(b) Chapter 6 State authority emergency development;

“Chapter 6 State authority emergency development” has the meaning assigned to it by subsection (1) of section 155;

“electricity transmission infrastructure development” means—

(a) development consisting of infrastructure for transmission within the meaning of Directive (EU) 2019/944/EC of the European Parliament and of the Council of 5 June 2019^10 on common rules for the internal market for electricity and amending Directive 2012/27/EU, or

(b) development for the purposes of such transmission,

and includes an interconnector within such meaning;

“gross floor space” means, in relation to a building or part of a building, the area ascertained by the internal measurement of the floor space on each floor of the building or part of the building (including internal walls and partitions), disregarding any floor space provided for—

(a) the parking of vehicles by persons—

(i) occupying or using the building or part of the building, or

(ii) for a purpose incidental to the primary purpose of the building or part of the building,

and

(b) in relation to applications for permission for large-scale residential development, ancillary residential services including gyms and child-care facilities;

“inspector” means a person assigned to report on an application, request, referral or appeal under this Part on behalf of the Commission under section 376;

“large-scale residential development” means development (wholly outside a strategic development zone, wholly outside an urban development zone and wholly outside a candidate UDZ) consisting of—

(a) not less than 100 housing units,

(b) student accommodation that contains not less than 200 bed spaces,

(c) not less than 100 housing units, and student accommodation, or

(d) student accommodation that contains not less than 200 bed spaces, and housing units,

provided that—

(i) in the case of development referred to in paragraph (a), the gross floor space of the buildings comprising the housing units is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development,

(ii) in the case of development referred to in paragraph (b), the gross floor space of the student accommodation is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development, and

(iii) in the case of development referred to in paragraph (c) or (d), the gross floor space of the buildings comprising the housing units and the student accommodation is not less than 70 per cent (or such other percentage as may be prescribed) of the gross floor space of the buildings comprising the development;

“local authority development” means development by or on behalf of, or carried out jointly with, a local authority;

“LRD” means large-scale residential development;

“LRD appeal” means an appeal under section 103 of a decision of a planning authority that relates to an application for permission for large-scale residential development;

“LRD applicant” means an applicant for permission for large-scale residential development;

“LRD meeting” has the meaning assigned to it by section 91;

“LRD opinion” has the meaning assigned to it by section 92;

“proposed application” means a proposed application for—

(a) permission for development, or

(b) retention permission,

under Chapter 3 or 4 that is the subject of a pre-application consultation under section 90 or section 116;

“proposed development” means—

(a) development that is the subject of—

(i) an application (other than an application for retention permission) under Chapter 3 or 4, or

(ii) a pre-application consultation,

(b) development that is the subject of a request or proposed request under Chapter 5, or

(c) proposed local authority development of a class prescribed under subsection (1) of section 153;

“proposed request” means a request for an alteration to, or extension of, a permission under Chapter 5 that is the subject of a pre-application consultation under section 139;

“prospective LRD applicant” has the meaning given to it by section 89;

“standard development” means any development other than Chapter 4 development;

“State authority development” means development by or on behalf of, or carried out jointly with, a State authority;

“State authority prescribed development” means State authority development—

(a) prescribed under section 154, or

(b) of a class prescribed under that section;

“State authority urgent development” has the meaning assigned to it by section 157;

“strategic downstream gas pipeline” means a gas pipeline (other than an upstream gas pipeline) that—

(a) is designed to operate at 16 bar or greater, and

(b) is longer than 20 kilometres;

“strategic gas infrastructure development” means a development comprising, or for the purposes of—

(a) a strategic downstream gas pipeline or a strategic upstream gas pipeline, and associated terminals, buildings and installations, whether above or below ground, including any associated discharge pipe,

(b) an industrial installation used for—

(i) the carriage of gas, steam or hot water with a potential heat output of not less than 300 megawatts, or