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Land Issues

Dáil Éireann Debate, Tuesday - 18 April 2023

Tuesday, 18 April 2023

Questions (699, 751)

Peadar Tóibín

Question:

699. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the number of instances in each local authority in each of the past five years in which residential zoned land was later rezoned on the recommendation of the Office of the Planning Regulator; and the number of cases in which he issued a draft Ministerial direction to overrule any such decision undertaken by a local authority; his reason for doing so; and if he will make a statement on the matter. [16051/23]

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Eoin Ó Broin

Question:

751. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage to set out in tabular form a list of all notices of intention to direct local authorities under Section 31 of the Planning and Development Act to amend their draft development plan or other plans with a brief summary of the direction; and to further to set out in tabular form all cases where a recommendation of the Office of the Planning Regulator for such a draft direction was not accepted by him, again providing a summary in each case including the issue, location and rationale. [16396/23]

View answer

Written answers

I propose to take Questions Nos. 699 and 751 together.

The Minister is empowered under section 31 of the Planning and Development Act 2000 to direct a planning authority to take measures to ensure that its development plan complies with national or regional planning policy, upon receipt of a recommendation on the matter from the Office of the Planning Regulator (the Office).

The decision to issue or not to issue a Direction rests with the Minister, or the Minister of State where this function has been formally delegated. The process is informed by a period of public consultation and detailed assessment of the issues arising, including consideration of the views of the elected members and the recommendation(s) of the local authority’s chief executive.

Since its establishment in April 2019, the Office of the Planning Regulator has had responsibility for the evaluation and assessment of local authority development plans, and variations thereof. In the performance of this function the Office may make submissions to the relevant planning authority including such recommendations 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.

In accordance with the requirements set out in section 31AM(8) of the Act, where merited, the Office may recommend that the Minister exercise his or her function to issue a Direction to ensure that the development plan, or the development plan as varied, sets out an overall strategy for proper planning and sustainable development. In such instances the Office issues a notice letter to the Minister setting out its recommendation.

The table below lists the local authorities where development plans or variations thereof, as the case may be, have been subject of a notice letter from the Office recommending that a notice of a proposed draft Direction, or a final Direction be issued. The table also lists the local authorities where the associated statutory processes have concluded and a final Ministerial Direction has issued.

It is worth noting that the Office keeps a regularly updated repository of this information on its website where documentation associated with each recommended Direction can be accessed: www.opr.ie/recommendations-made-by-the-opr-to-the-minister/

Local authority to which an OPR Notice Letter related

Local authority to which a final Direction issued following an OPR recommendation

Local authority to which an OPR Notice Letter related

Local authority to which a final Direction issued following an OPR recommendation

Clare County Council

Cork County Council

Cork County Council

Cork City Council

Cork City Council

Donegal County Council

Donegal County Council

Dún Laoghaire-Rathdown County Council

Dún Laoghaire-Rathdown County Council

Fingal County Council

Galway City Council

Galway County Council

Galway County Council

Kerry County Council

Kerry County Council

Kilkenny County Council

Laois County Council

Laois County Council

Limerick City and County Council

Limerick City and County Council

Mayo County Council

Mayo County Council

Meath County Council

Meath County Council

South Dublin County Council

South Dublin County Council

Westmeath County Council

Westmeath County Council

Wicklow County Council

Wicklow County Council

Statutory processes remain ongoing in the case of four development plans and are yet to reach conclusion. In this regard the following link to a general overview of the Direction process on the Office’s website is provided, for the Deputy’s information:

www.opr.ie/directions-process/

On occasions where the Minister decides not to follow, either in full or in part, the recommendations made by the Office, in issuing either a draft or a final Direction, the Minister is required to prepare and submit a statement of reasons to both Houses of the Oireachtas and this information is available for review and the Deputy may wish to consult the Oireachtas Library for a record of these statements.

The Minister’s Direction and/or statement is also published on the Office of the Planning Regulator’s, and the Department’s respective websites.

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