Planning and Development (Amendment) Act 2018

Planning and Development (Amendment) Act 2018 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2018 Planning and Development (Amendment) Act 2018 Planning and Development (Amendment) Act 2018 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 16 of 2018 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 CONTENTS PART 1 Preliminary and General 1. Short title, collective citation, construction and commencement 2. Interpretation 3. Expenses PART 2 Office of the Planning Regulator 4. Office of the Planning Regulator PART 3 Miscellaneous and Consequential Amendments to Planning and Development Acts 2000 to 2016 5. Office of the Planning Regulator and amendments to Part II of Principal Act 6. References to manager, etc., in Principal Act 7. Amendment of section 2 of Principal Act 8. Amendment of section 4 of Principal Act 9. Amendment of section 7 of Principal Act 10. Development plan to be consistent with specific planning policy requirements 11. Amendment of section 10 of Principal Act 12. Amendment of section 11 of Principal Act 13. Amendment of section 11B of Principal Act 14. Amendment of section 12 of Principal Act 15. Amendment of section 13 of Principal Act 16. Request to manager to report on proposal by members of planning authority to vary development plan 17. Amendment of section 20 of Principal Act 18. National Planning Framework 19. Publication of certain documents on website of planning authorities 20. Amendment of section 28 of Principal Act 21. Amendment of section 31 of Principal Act 22. Amendment of section 33 of Principal Act 23. Amendment of section 34 of Principal Act 24. Amendment of section 35 of Principal Act 25. Amendment of section 38 of Principal Act 26. Power to vary appropriate period, etc. 27. Revocation or modification of planning permission for certain reasons 28. Development contributions and supplementary development contribution schemes 29. Amendment of section 50B of Principal Act 30. Amendment of section 144 of Principal Act 31. Amendment of section 162 of Principal Act 32. Amendment of section 169 of Principal Act 33. Amendment of section 176A of Principal Act 34. Amendment of section 176C of Principal Act 35. Amendment of section 177S of Principal Act 36. Amendment of section 177T of Principal Act 37. Amendment of section 180 of Principal Act 38. Amendment of section 195 of Principal Act 39. Amendment of section 208 of Principal Act 40. Members of local authorities exempt from payment of certain fees 41. Amendment of section 246 of Principal Act 42. Exemption from fees for submissions and observations by councillors on planning applications 43. Amendment of section 247 of Principal Act 44. Amendment of section 248 of Principal Act 45. Amendment of section 255 of Principal Act 46. Amendment of First Schedule to Principal Act 47. Amendment of Fourth Schedule to Principal Act 48. Construction of Fifth Schedule to Principal Act 49. Amendment of Seventh Schedule to Principal Act 50. Amendment of section 3 of Act of 2016 51. Amendment of section 5 of Act of 2016 52. Amendment of section 6 of Act of 2016 53. Amendment of section 8 of Act of 2016 54. Amendment of section 10 of Act of 2016 55. Amendment of section 12 of Act of 2016 56. Amendment of section 13 of Act of 2016 57. Amendment of section 28 of Act of 2016 PART 4 Miscellaneous Amendments 58. Definition 59. Amendment of section 23 of Derelict Sites Act 1990 60. Amendment of section 12 of Dublin Transport Authority Act 2008 61. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011 62. Amendment of section 33 of Water Services (No. 2) Act 2013 63. Amendment of section 5 of Act of 2015 64. Vacant site levy 65. Miscellaneous amendments of Act of 2015 PART 5 Marine Spatial Plans 66. Interpretation 67. Competent authority 68. Application of Part 69. Marine spatial plans 70. Requirements of marine spatial planning 71. Public participation on marine spatial plans 72. Strategic environmental assessment and appropriate assessment 73. Laying of marine spatial plans before each House of Oireachtas 74. Compliance by public bodies 75. Directions of Minister 76. Revocation SCHEDULE 1 Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000 SCHEDULE 2 Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local Authorities, etc. SCHEDULE 3 National Planning Framework and References to National Spatial Strategy SCHEDULE 4 Amendment to Planning and Development Act 2000 Publication on Website of a Planning Authority of Certain Submissions and Observations, and Reports of the Chief Executive, Relating to Planning Process Acts Referred to Building Control Act 2007 (No. 21) Civil Service Regulation Act 1956 (No. 46) Companies Act 2014 (No. 38) Derelict Sites Act 1990 (No. 14) Dublin Transport Authority Act 2008 (No. 15) Environment (Miscellaneous Provisions) Act 2011 (No. 20) European Parliament Elections Act 1997 (No. 2) Fire Services Act 1981 (No. 30) Foreshore Act 1933 (No. 12) Freedom of Information Act 2014 (No. 30) Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014 (No. 19) Industrial and Provident Societies Acts 1893 to 2014 Interpretation Act 2005 (No. 23) Licensing Acts 1833 to 2011 Local Government Act 1941 (No. 23) Local Government Act 2001 (No. 37) Local Government Reform Act 2014 (No. 1) Planning and Development (Amendment) Act 2010 (No. 30) Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17) Planning and Development Act 2000 (No. 30) Planning and Development Acts 2000 to 2016 Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Public Service Superannuation (Miscellaneous Provisions) Act 2004 (No. 7) Public Transport Regulation Act 2009 (No. 37) Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28) Roads Act 1993 (No. 14) Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8) Urban Regeneration and Housing Act 2015 (No. 33) Water Services (No. 2) Act 2013 (No. 50) Water Services Act 2007 (No. 30) Number 16 of 2018 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 An Act to amend and extend the Planning and Development Acts 2000 to 2018 and for that purpose to establish an office, to be known as the Office of the Planning Regulator, to evaluate and carry out assessments relating to planning matters and provide observations and recommendations in relation to those matters, to conduct reviews and examinations and to conduct education and training programmes and research in relation to planning matters; to provide for the organisation and staffing of that Office; to provide for a National Planning Framework; to provide for certain planning and development requirements to be taken into account by Irish Water; to make miscellaneous and consequential amendments to the Planning and Development Act 2000 and to various other Acts in so far as they relate to planning and development; to amend the Derelict Sites Act 1990; to give effect to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 20141 establishing a framework for marine spatial planning; and to provide for matters connected therewith. [19th July, 2018] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citation, construction and commencement 1. (1) This Act may be cited as the Planning and Development (Amendment) Act 2018. (2) This Act, other than Part 4 and Schedule 3 at reference numbers 12 to 18, and the Planning and Development Acts 2000 to 2017 may be cited together as the Planning and Development Acts 2000 to 2018 and shall be construed together as one. (3) This Act (other than section 2 and Part 4 and where otherwise expressly provided for) comes into operation on such day or days as the Minister may appoint by order or orders, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes and different provisions. Interpretation 2. In this Act— “Act of 2016” means the Planning and Development (Housing) and Residential Tenancies Act 2016 ; “Minister” means Minister for Housing, Planning and Local Government; “Principal Act” means the Planning and Development Act 2000 . Expenses 3. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. PART 2 Office of the Planning Regulator Office of the Planning Regulator Office of the Planning Regulator 4. The Principal Act is amended by inserting the following Part after Part IIA (inserted by the Dublin Transport Authority Act 2008 ): “PART IIB Office of the Planning Regulator Chapter I Preliminary and General (Part IIB) Definitions (Part IIB) 31K. In this Part— ‘establishment day’ means the day appointed by order under section 31L to be the establishment day for the purposes of this Part; ‘Office’ means the Office of the Planning Regulator established under Chapter II; ‘Planning Regulator’ means the person appointed under section 31N as the Planning Regulator. Chapter II Establishment, Organisation, Staffing etc. Establishment of Office of the Planning Regulator 31L. The Minister shall by order appoint a day to be the establishment day for the purposes of this Part. Office of the Planning Regulator 31M. (1) There is established on the establishment day a body to be known as Oifig an Rialaitheoir Pleanáil or, in the English language, Office of the Planning Regulator, to perform the functions conferred on it by this Part. (2) The Office of the Planning Regulator shall have all such powers as are necessary for or incidental to the performance of the functions of the Office under this Act. Planning Regulator 31N. (1) There shall be appointed in accordance with section 31W a chief executive of the Office, to be known as the Planning Regulator, who shall be a corporation sole with perpetual succession and an official seal and with power— (a) to sue and be sued, (b) to acquire, hold and dispose of land or an interest in land, and (c) to acquire, hold and dispose of any other property. (2) The Planning Regulator shall— (a) perform such functions as are specified in this Part to be functions of the Office, (b) be responsible for the performance by the Office of its functions under this Part, and (c) otherwise carry out, manage and control generally the administration and business of the Office for the purposes of this Part. Seal of Planning Regulator 31O. (1) The seal of the Planning Regulator (in this section referred to as the ‘seal’) shall be authenticated by either— (a) the signature of the Planning Regulator, or (b) the signatures of 2 members of the staff of the Office, at least one of whom shall be a director of the Office, and both of whom have been authorised by the Office to act in that behalf. (2) Judicial notice shall be taken of the seal and every document purporting to be an instrument made by the Office and to be sealed with the seal (purporting to be authenticated in accordance with subsection (1)) shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown. (3) Any contract or instrument which, if entered into or executed by an individual, would not be required to be under seal may be entered into or executed on behalf of the Office by a member of the staff of the Office or a person generally or specially authorised by the Office for that purpose. Functions of Office 31P. (1) The functions of the Office are— (a) to evaluate and assess— (i) development plans, including draft development plans, (ii) variations of development plans, including proposed variations, (iii) local area plans, including the amendment or revocation of such plans, and (iv) regional spatial and economic strategies, during their preparation and making under Chapters I to III of Part II in order for the Office to provide observations and recommendations to planning authorities and regional assemblies, as appropriate, on those plans and strategies, (b) in respect of any plan or strategy to which paragraph (a) relates, to inform the Minister if, in the opinion of the Office, any such plan or strategy is not consistent with its observations and recommendations, especially where, in its opinion, failure to be so consistent would affect the overall strategy for proper planning and sustainable development of the area concerned, (c) to conduct research, including research at the request of the Minister, as to what constitutes proper planning and sustainable development, (d) to conduct education and training programmes and research as provided for by section 31Q, (e) to conduct reviews under Chapter IV of the performance by the Board and by planning authorities of their respective functions, (f) to oversee the delivery of effective planning services to the public by planning authorities including having regard to— (i) any relevant indicator (within the meaning of Part 12A of the Local Government Act 2001 ) identified by the National Oversight and Audit Commission or prescribed by the Minister under section 126C(1) of that Act, or (ii) regulations made by the Minister under section 134A(7) of the Local Government Act 2001 , (g) to prepare an annual report in accordance with section 31AH on the performance of its own functions, (h) to prepare a strategy statement for the Office in accordance with section 31T, (i) to make such observations as it considers appropriate to the Minister, or in its annual reports or otherwise, in relation to planning legislation, including: (i) development plans, local area plans and regional spatial and economic strategies under Part II; (ii) guidelines under section 28; (iii) directions under section 31; (iv) codes of conduct under section 31AL; and (v) in so far as relates to planning matters to which paragraph (f) relates, and (j) to evaluate and assess strategic transport plans made by the National Transport Authority in accordance with section 12 of the Dublin Transport Authority Act 2008 and to issue a notice as provided for by subsection (10) of that section. (2) (a) The Minister may, with the consent of the Minister for Public Expenditure and Reform, by order confer on the Office such additional functions connected with the functions for the time being of the Office as the Minister determines, subject to such conditions (if any) as may be specified in the order. (b) An order under paragraph (a) may contain such incidental, supplementary and additional provisions as may, in the opinion of the Minister, be necessary to give full effect to the order. (3) In performing its functions, the Office shall take account of the objective of contributing to proper planning and sustainable development and the optimal functioning of planning under the Planning and Development Acts 2000 to 2018. Education, training and research functions 31Q. (1) The Office shall conduct education and training programmes— (a) for members of planning authorities and of regional assemblies in respect of— (i) the role of such authorities, assemblies and their members under the Planning and Development Acts 2000 to 2018, including ministerial guidelines and policy directives under Chapter IV of Part II, (ii) such matters relating to proper planning and sustainable development as the Minister may request, and (iii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development, (b) for members of the staff of local authorities or regional assemblies in respect of— (i) such matters relating to proper planning and sustainable development as the Minister may request, and (ii) such other matters as the Office considers are of relevance to its functions, in particular, the functions relating to proper planning and sustainable development. (2) The Office shall conduct research in relation to matters relevant to its functions as well as such other matters as may be requested of the Office by the Minister. (3) The Office may enter into arrangements with any person or body that the Office considers to be suitably qualified, including any professional, educational or research organisation, to undertake the provision of such services that the Office sees fit to which paragraph (a) or (b) of subsection (1) or subsection (2) relates and that are relevant to its functions. (4) The Office shall include in its annual report to the Minister under section 31AH a report on— (a) education and training activities, and (b) research activities, undertaken by it in respect of the year to which that report relates. Performance of functions by Office 31R. (1) Subject to this Part, the Office is independent in the performance of its functions. (2) Subject to section 31O, the Office may perform any of its functions through any member of the staff of the Office duly authorised in that behalf— (a) by the Planning Regulator, or (b) to the extent provided for by the Planning Regulator under paragraph (a), by a director of the Office. Office to have regard to certain policies and objectives and to requirements 31S. (1) The Office shall, in performing its functions, have regard to— (a) the policies and objectives for the time being of the Government, a State authority (including Ministerial guidelines, policy directives and directions issued under Chapter IV of Part II), planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns, villages or other areas, whether urban or rural, (b) the public interest and any effect the performance of the Office’s functions may have on issues of strategic, economic or social importance to the State, (c) the National Planning Framework (or, where appropriate, the National Spatial Strategy) and any regional spatial and economic strategy for the time being in force, and (d) the requirements of relevant acts of the European Union, in particular, those relating to— (i) the Environmental Impact Assessment Directive, (ii) Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment2 , (iii) the Habitats Directive, and (iv) the Birds Directives, in so far as those requirements relate to planning authorities by virtue of being designated as competent authorities for the purposes of those acts. (2) In this section ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section. Corporate strategy of Office 31T. (1) The Planning Regulator shall prepare a strategy statement for the Office within 6 months of its establishment and thereafter not earlier than 6 months before and not later than the expiration of each subsequent period of 6 years following the establishment day. (2) The strategy statement shall be prepared on the basis of an organisational wide strategic approach encompassing the functions and principal activities of the Office and shall include: (a) a statement setting out the approach taken in respect of each of the Office’s functions referred to in section 31P; (b) a statement of the principal activities of the Office; (c) the objectives and priorities for each of the principal activities and strategies for achieving those objectives; (d) the manner in which the Office proposes to assess its performance in respect of each such activity, taking account of indicators which shall be identified by the Office and of the need to work towards best practice in service delivery and in the general operation of the Office; (e) human resources activities (including training and development) to be undertaken for the staff of the Office; (f) the organisational structure of the Office, including corporate support and information technology and the improvements proposed to promote efficiency of operation and customer service and in general to support the strategy statement; and (g) such other matters as the Planning Regulator considers necessary. (3) Within 3 months of the preparation of the statement of strategy for the purposes of subsection (1), the Office shall cause copies of it to be submitted to the Minister and laid before each House of the Oireachtas. (4) In this section ‘principal activities’ includes the following: (a) any observations and recommendations issued in respect of— (i) the review of development plans, (ii) variations of development plans, (iii) the preparation and amendment of local area plans, and (iv) the preparation of regional spatial and economic strategies; (b) any plans and strategies made in a manner consistent with the observations and recommendations referred to in paragraph (a); (c) any recommendations issued by the Office to the Minister that the Minister uses his or her powers of direction under section 31 or 31A as regards— (i) the review of a development plan, (ii) variations of development plans, (iii) the preparation and amendment of local area plans, and (iv) the preparation of a regional spatial and economic strategy; (d) any directions issued in a manner consistent with the recommendations of the Planning Regulator; (e) the research, education and training conducted; (f) the reviews undertaken of the performance of planning functions of planning authorities and the Board. Monitoring of performance of Office 31U. (1) The Office shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to the performance of its functions. (2) The Minister may direct the Office in respect of matters referred to under subsection (5) where the Minister has requested information. (3) Where the Minister gives a direction under subsection (2), the Office shall— (a) report to the Minister the results of the review conducted pursuant to the direction, and (b) comply with any direction the Minister may give in relation to all or any of the matters which were the subject of the review. (4) The Office may make observations or submissions to the Minister as regards any matter pertaining to its functions. (5) The Minister may consult with the Office as regards any matter pertaining to the performance of— (a) the functions of the Office, or (b) the functions assigned to the Minister by or under— (i) the Planning and Development Acts 2000 to 2018, or (ii) any other enactment in so far as those functions or the exercise of those functions relate or could relate to functions of the Office. Consultation between Minister and Planning Regulator 31V. The Minister and the Planning Regulator shall, from time to time, consult with each other on matters relating to the functions of the Office and of the Planning Regulator. Appointment and term of office of Planning Regulator 31W. (1) Subject to this section, the Planning Regulator shall be appointed by the Minister and shall hold office upon and subject to such terms and conditions (including terms and conditions relating to remuneration and superannuation) as the Minister may determine with the consent of the Minister for Public Expenditure and Reform. (2) A person shall not be appointed as the Planning Regulator unless— (a) except where subsection (3) applies, the Public Appointments Service have, following holding a competition on behalf of the Office, selected him or her for nomination by the Minister to the Government for the purpose of approving his or her appointment as the Planning Regulator, and (b) his or her appointment has upon nomination by the Minister been approved by the Government. (3) Subsection (2)(a) does not apply to a person who would, if appointed, be serving a second consecutive term as the Planning Regulator. (4) The Planning Regulator— (a) shall be appointed in a wholetime capacity, (b) shall be appointed for a term of office of 5 years or such shorter period where subsection (6)(b) applies, and (c) shall not, at any time while holding office, hold any other office or employment in respect of which emoluments are made. (5) A person shall not be appointed for a term of office as Planning Regulator more than twice, subject to any provision provided for by law relating to retirement that would apply to the person, but nothing in this paragraph shall be read as preventing a former planning regulator from being a member of the staff or, subject to the consent of the Minister for Public Expenditure and Reform where relevant, otherwise being employed by the Office. (6) (a) The term of office of a person as Planning Regulator shall, except where paragraph (b) applies, be for the period of 5 years referred to in subsection (4)(b). (b) Where, within the period of 5 years from the date of appointment as Planning Regulator, the person concerned would attain the age of 65 years and he or she is neither— (i) a new entrant (within the meaning of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 ) appointed having been previously appointed to a position in the public service (within that meaning) on or after 1 April 2004, nor (ii) a Scheme member within the meaning of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , then his or her term of office as Planning Regulator shall be such so that the term ceases upon his or her attaining the age of 65 years. (7) As soon as practical after the appointment of a person as the Planning Regulator, the Minister shall cause a notice of the appointment to be published in Iris Oifigiúil. Transitional provisions relating to Office 31X. (1) Before the establishment day the Minister may request the Public Appointments Service to hold a competition for the purpose of having selected a person to be nominated to the Government for its approval of the appointment of the person by the Minister as the Planning Regulator and, accordingly— (a) section 31W(2)(a) shall be deemed to have been complied with, whether or not any steps taken pursuant to that request occur on or after the establishment day, and (b) where a person has been duly selected by the Public Appointments Service before the establishment day, then— (i) the Service shall advise the Minister accordingly, and (ii) the Minister may before, on or after that day nominate the person to the Government for its approval of the appointment of that person by the Minister and the appointment shall take effect on whichever of the following is the last to occur: (I) the establishment day; (II) the date the appointment is made. (2) If with effect from the establishment day there is no Planning Regulator then the Minister may, on an interim basis and pending the appointment, appoint in writing a person to perform some or all of the functions of the Planning Regulator. (3) Where the Minister has appointed a person in accordance with subsection (2) to perform functions of the Planning Regulator and the functions performable include the function of appointing a director under section 31Z, then, notwithstanding section 31Z(1), not more than one person shall at any time stand appointed as a director unless the Minister approves any further appointments. Resignation and removal of Regulator 31Y. (1) A Planning Regulator may at any time resign his or her office by giving notice in writing to the Minister of his or her intention to resign and any such resignation shall take effect as of the date upon which the Minister receives notice of the resignation. (2) The Planning Regulator may be removed from office by the Government if— (a) in the opinion of the Government, the Regulator has become incapable through ill-health of effectively performing his or her functions, (b) in the opinion of the Government, the Planning Regulator has committed stated misbehaviour, (c) the Planning Regulator has been convicted on indictment by a court of competent jurisdiction and sentenced to imprisonment, (d) the Planning Regulator is convicted of an offence involving fraud or dishonesty, (e) the Planning Regulator is adjudicated bankrupt in the State or another jurisdiction and if so adjudicated, has not obtained a certificate of discharge from the bankruptcy in the State or that other jurisdiction, as appropriate, or (f) the removal of the Planning Regulator appears to the Government to be necessary for the effective performance by the Office of its functions. (3) Where the Planning Regulator is removed from office under this section, the Government shall cause to be laid before each House of the Oireachtas a statement of the reasons for the removal. Directors 31Z. (1) For the purpose of supporting the Planning Regulator and the Office in carrying out functions under this Part, the Planning Regulator— (a) may appoint up to 3 persons but shall appoint at least one person, (b) subject to the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, may appoint such number of additional persons as may be specified, each to be a director of the Office (in this section referred to as ‘director’) to perform such functions as are duly assigned to each of them. (2) A director shall be a member of staff of the Office. (3) The Planning Regulator shall designate one director to be deputy Planning Regulator. The deputy Planning Regulator shall perform and carry out the functions of the Planning Regulator in the absence of the Planning Regulator or when there is no Planning Regulator and references to the Planning Regulator shall be read accordingly. (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. Staff of Office 31AA. The Planning Regulator shall appoint such and so many persons to be staff of the Office as the Planning Regulator, subject to the approval of the Minister, given with the consent of the Minister for Public Expenditure and Reform, as to the number and grade of those staff, from time to time may determine, 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. Membership of either House of Oireachtas, European Parliament or local authority 31AB. (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— (i) in the case of the Regulator, cease to be the Regulator, and (ii) in the case of any member of the staff of the Office, stand seconded from employment by the Office and not be paid by, or be entitled to receive from, the Office any remuneration or allowances for expenses in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected or on such election or co-option, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority. (2) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting the reckoning of a period therein mentioned as service with the Office for the purpose of any superannuation benefits payable. (3) 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 for being the Planning Regulator or a member of the staff of the Office. Members of staff of Office to be civil servants 31AC. 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. Prohibition on disclosure of information relating to functions of Office 31AD. (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 availed of by the Office by virtue of section 31AI or 31AJ, or (b) any information so obtained relative to the business of the Office or to the performance of its functions. (2) A person who contravenes subsection (1) commits an offence. (3) Nothing in subsection (1) shall prevent— (a) disclosure of information in a report made to the Office or in a report made by or on behalf of the Office to the Minister, (b) disclosure of information by any person in the course of and in accordance with the functions of his or her office, (c) disclosure of information in accordance with the Freedom of Information Act 2014 , or (d) disclosure of information in accordance with the European Communities Act, 1972 (Access to Information on the Environment) Regulations 1998 ( S.I. No. 125 of 1998 ), and any regulations amending or replacing those regulations. Liability of Planning Regulator or member of staff for acts and omissions 31AE. Neither— (a) the Planning Regulator or a former Planning Regulator, nor (b) a present or former member of the staff of the Office, is 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. Grants to Office 31AF. 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 and Reform and after consultation with the Office in relation to its programme of expenditure for that year, may fix. Accounts and audits of Office 31AG. (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 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) (a) The Planning Regulator and any relevant member of the staff of the Office 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. (b) In this subsection ‘relevant member of the staff’ means a member of the staff of the Office to whom duties relating to those accounts have been duly assigned. (4) (a) 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. (b) 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. Annual report of Office 31AH. (1) The Office shall, not later than the 30th day of June in each year, prepare an annual report, which shall include information on the performance of its functions and its principal activities during the preceding year, including any matter to which section 31Q relates, and such other matters as the Minister may specify to the Office in writing. (2) The Planning Regulator shall cause a copy of the annual report to be laid before each House of the Oireachtas and shall cause a copy to be sent to the relevant Oireachtas Committee. (3) 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 annual report. (4) 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. Provision of services and resources by Minister to Office 31AI. (1) For the purposes of enabling the Office to perform its functions, the Minister may provide services (including services 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 and Reform, and the Office may avail of such services. (2) The Office may provide services (including services of staff) 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 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 and Reform. (4) The Minister may, subject to the agreement with 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). Service providers 31AJ. (1) The Office may from time to time engage such consultants or advisers as it considers necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Office out of moneys at its disposal. (2) The Office shall include in each report made under section 31AH a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates. Fees payable to Office 31AK. (1) The Office of the Planning Regulator 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 as so determined shall be payable to the Office by any person concerned as appropriate, and different fees may be provided for in respect of different matters. (2) The matters in relation to which the Office of the Planning Regulator 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. Code of conduct 31AL. (1) (a) 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 which is required to be followed by those persons referred to in subsection (3). (b) A code of conduct under this section shall be subject to the approval of the Minister and be adopted within one year of the establishment day. (2) A code of conduct shall consist of a written statement setting out the policy of the Office on at least the following matters: (a) disclosure of interests and relationships where the interests and relationships are of relevance to the work of the Office, as appropriate; (b) membership of other organisations, associations and bodies, professional or otherwise; (c) membership of, or other financial interests in, companies, partnerships or other bodies; (d) 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; (e) acceptance of gifts, sponsorship, considerations or favours; (f) disclosure of information concerning matters pertaining to the work of the Office, as appropriate; (g) following of best practice to be adopted in relation to the functions of the Office including the procedures for the provision of observations, submissions or recommendations in accordance with this Act in relation to— (i) the review, making and variation of development plans, (ii) the review, making and amendment of local area plans, (iii) the review, making and amendment of regional spatial and economic strategies, and (iv) the disclosure by the Planning Regulator, staff of the Office or persons to whom section 31AJ relate of any representations relating to the work or functions of the Office made to the Planning Regulator, to any such staff member or person, whether in writing or otherwise in relation to those matters. (3) The code of conduct adopted by the Office applies— (a) to the Planning Regulator, (b) to a member of the staff of the Office, or (c) to the extent indicated in the code of conduct, to any person or class or classes of persons to whom section 31AJ 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. Chapter III Evaluation and assessment carried out by Office of the Planning Regulator Evaluation and assessment by Office of matters relating to development plans 31AM. (1) The Office shall evaluate and assess, at least at a strategic level— (a) a notice given under subsection (2) of section 11 by a planning authority to the Office for the purposes of that section of the intention of the planning authority to review its existing development plan, (b) a notice and a copy of the draft development plan sent to the Office under subsection (1)(a) of section 12 by the planning authority concerned for the purpose of that section, (c) a notice given under section 12(5)(aa) by the planning authority concerned to the Office in respect of a draft development plan, (d) a notice given to the Office by a planning authority under section 12(7)(a), together with the proposed amendment that would, if made, be a material alteration of the draft development plan concerned, (e) a notice sent together with the copy of any proposed variation of the development plan concerned sent to the Office under subsection (2)(a) of section 13 by the planning authority concerned for the purpose of that section, (f) a notice given under section 13(5)(aa) by the planning authority concerned to the Office in respect of a proposed variation of a development plan, and the Office may make such observations or submissions for the purposes of the relevant provision. (2) In assessing and evaluating any requirement to which subsection (1) relates, the Office shall endeavour to ensure that, where appropriate, it addresses the legislative and policy matters relating to development plans as follows: (a) matters generally within the scope of section 10 and, in particular, subsection (2)(n) of that section in relation to climate change; (b) consistency with the development plan and the National Planning Framework (or, where appropriate, the National Spatial Strategy) and regional spatial and economic strategies; (c) relevant guidelines for planning authorities made under section 28, including the consistency of development plans with any specific planning policy requirements specified in those guidelines; (d) policy directives issued under section 29; (e) such other legislative and policy matters as the Minister may communicate to the Office in writing, the effect of which shall be published on the website of the Office. (3) In making observations or submissions for the purposes of the provisions referred to in subsection (1), or observations or submissions in respect of any evaluation or assessment to which subsection (2) relates, the Office shall— (a) make to the relevant planning authority such recommendations in relation to the Office’s evaluation and assessments as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning functions, and (b) send to the Minister a copy of any such observations or submissions, together with any recommendations made. (4) The report of the chief executive of the planning authority prepared for the elected members under— (a) section 11(4), in respect of the preparation of a new development plan, (b) subsection (4) or (8) of section 12 in respect of a draft development plan, or (c) section 13(4) in respect of a variation of a development plan, shall— (i) summarise the issues raised in the observations or submissions, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1), (ii) outline the recommendations of the chief executive in relation to the manner in which those issues and recommendations should be addressed, taking account of the proper planning and sustainable development of the area, and (iii) make the report available on the website of the planning authority as soon as practicable following submission to the members of the authority. (5) A regional assembly shall send to the Office, a copy of— (a) any observation or submissions, including recommendations, it makes to a planning authority under section 27A(1) in respect of the review of an existing development plan, (b) any observation or submissions, including recommendations, it makes to a planning authority under section 27B(1) in respect of a draft development plan, (c) any observation or submissions, including recommendations, it makes to a planning authority under section 27C(1) in respect of a proposed variation in a development plan. (6) A planning authority shall notify the Office within 5 working days of the making of a development plan or a variation to a development plan and send a copy of the written statement and maps as duly made and where the planning authority— (a) decides not to comply with any recommendations made in the relevant report of the Office, or (b) otherwise make the plan in such a manner as to be inconsistent with any recommendation made by the Office, then the chief executive shall inform the Office accordingly in writing, which notice shall state reasons for the decision of the planning authority. (7) Where paragraph (a) or (b) of subsection (6) applies, the Office shall consider whether or not the development plan as made, or the variation of it, by the planning authority is, in the Office’s opinion, consistent with any recommendations made by the Office. (8) Where subsequent to any consideration for the purposes of subsection (7), the Office is of the opinion that— (a) the development plan or the variation of it, as the case may be, has not been made in a manner consistent with the recommendations of the Office, (b) that the decision of the planning authority concerned results in the making of a development plan, or its variation, in a manner that fails to set out an overall strategy for the proper planning and sustainable development of the area concerned, and (c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions to issue a direction under section 31 would be merited, then the Office shall issue, no later than 4 weeks after the development plan or the variation to the development plan is made, a notice to the Minister containing— (i) recommendations that the Minister exercise his or her function to take such steps as to rectify the matter in a manner that, in the opinion of the Office, will ensure that the development plan, or the development plan as varied by the planning authority, sets out an overall strategy for proper planning and sustainable development, and (ii) a proposed draft of a direction to which paragraph (c) would relate. (9) A copy of the notice issued to the Minister under subsection (8) shall be made available by the Office on its website. Consequential provisions to section 31AM 31AN. (1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AM and— (a) where the Minister agrees with that notice, then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or (b) where the Minister does not so agree with the Office, then the Minister shall— (i) prepare a statement in writing of his or her reasons for not agreeing, (ii) cause that statement to be laid before each House of the Oireachtas, and (iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government. (2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the planning authority concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites. (3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section— (a) the notice shall specify that the report of the chief executive on the submissions on the draft direction shall be made to the Office, and (b) the chief executive shall act accordingly. (4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall recommend to the Minister that he or she issue the direction with or without minor amendments or where the Office is of the opinion that— (a) a material amendment to the draft direction may be required, (b) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or (c) it is necessary for any other reason, then the Office may, for stated reasons, appoint a person to be an inspector no later than 3 weeks after the date of receipt of the chief executive’s report. (5) An inspector appointed under subsection (4) shall— (a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and (b) be independent in the performance of those functions. (6) The inspector— (a) shall review the draft direction, the report of the chief executive furnished and any submissions made, (b) shall consult with the chief executive and elected members of the planning authority, (c) may consult with the regional assembly and persons who made submissions, and (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office. (7) Copies of the report of the inspector under subsection (6) shall— (a) be furnished without delay by the Office to the chief executive and, where relevant, to the regional assembly, and (b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions. (8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after— (a) where subsection (7)(a) applies, the report was furnished to him or her, or (b) where subsection (7)(b) applies, the report was made available to him or her. (9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons— (a) to issue the direction, (b) not to issue the direction, or (c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate: (i) recommendations contained in the report of the inspector; (ii) any submissions made, and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments. (10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority. (11) From the adoption of a development plan— (a) such provisions as— (i) are required to be included in a development plan by virtue of a direction issued by the Minister under section 31, and (ii) are not so included, shall be deemed to be included in that development plan, and (b) such provisions of the development plan as do not comply with a direction so issued shall be deemed not to be included in that development plan. (12) The Minister shall cause a copy of a direction issued to be laid before each House of the Oireachtas. (13) As soon as may be after a direction is issued to a planning authority under this section, the planning authority shall make the direction so issued available to members of the public, during normal office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the website of the planning authority or otherwise in electronic form. (14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website. (15) The Minister shall publish a copy of the direction issued under section 31 on the website of the Department of Housing, Planning and Local Government. (16) (a) Where the giving of a direction by the Minister in accordance with subsection (9) would require the making of a material alteration to a development plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection— (i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan, and (ii) send a copy of that notice to the planning authority concerned, the regional assembly concerned, the Office, the Board and the prescribed authorities. (b) The Minister shall, before giving a direction in accordance with subsection (9), determine— (i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, and (ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment. (c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a development plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the development plan concerned. (d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the development plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection— (i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and (ii) on the internet website of the Minister and the internet website of the planning authority concerned. (e) A notice to which paragraph (c) applies shall— (i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with subsection (9), (ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the development plan concerned will be made available for inspection by members of the public, (iii) state that such copies will be available for inspection on the …