Dáil Éireann Debate, Tuesday - 23 June 2020
901. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government when he will be deciding on the recommendation by the Office of the Planning Regulator to annul the recent variation to the Cork County Council development plan aimed at allowing the development of a retail village at Carrigtwohill. [12278/20]
View answerIn evaluating the making or varying of county and city development plans, the Office of the Planning Regulator (the Office) must have regard to provisions set out in the Planning and Development Act 2000, as amended (the Act), including, but not limited to the National Planning Framework, regional spatial and economic strategies, the principles of proper planning and sustainable development, relevant guidelines issued under Section 28 of the Act, relevant legislative policies and directives, and other provisions as set out in the Act.
In accordance with Section 31AM of the Act, the Office made a recommendation to me, as Minister in relation to Variation No. 2 of the Cork County Development Plan 2014, and on 6th March, 2020, I notified Cork County Council of my intention to issue a Direction pursuant to Section 31 of the Act. The process remains ongoing and I am not in a position to comment on the specifics of the case. I am, however, happy to clarify the process and indicative timeframe.
The public consultation period on the Section 31 Draft Ministerial Direction closed at midnight on Wednesday 27th May 2020. Under Section 31(8) of the Act, upon the expiry of the public consultation period on the Draft Direction issued by the Minister, the Chief Executive of the local authority is required to prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator and the Minister, no later than 4 weeks after the expiry of the period, i.e. after 27th May 2020 in the subject case
In accordance with Section 31AN (4) of the Act, the Office must then 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 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.
In cases where an Inspector may be appointed, then the Inspector will have 3 weeks from appointment in which to issue a report to the Office, the Chief Executive and Regional Assembly, and persons who made a submission. Persons to whom the Inspector’s report is issued have 10 days to make a submission. After receipt of the Inspector’s report and submissions thereon, the Office shall recommend to the Minister to issue the Direction, not to issue the Direction or to issue it with amendments.
In accordance with Section 31AN of the Act, if the Office issues a recommendation to the Minister (regardless of whether an inspector is appointed or not), the Minister shall consider the recommendations of the Office and may either issue a notice as recommended by the Office, or, where not in agreement with the Office, 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.
