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) F278[consistency of the development plan with the National Planning Framework] (or, where appropriate, the National Spatial Strategy) F279[and the National Marine Planning Framework] 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 F278[of 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.]

F280[(9A) During the period beginning on the date on which section 6 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023—

(a) subsection (1) shall be construed and have effect as if the following paragraph were inserted after paragraph (a):

"(aa) a notice given under section 11D(3) by a planning authority to the Office for the purposes of that section of the intention of the planning authority to extend the duration of its existing development plan,",

(b) subsection (4) shall be construed and have effect as if the following paragraph were inserted after paragraph (a):

"(aa) section 11D(5), in respect of an extension of the duration of an existing development plan,", and

(c) subsection (5) shall be construed and have effect as if the following paragraph were inserted after paragraph (c):

"(d) any observations or submissions it makes to a planning authority under section 27D(2) in respect of the extension of the duration of an existing development plan.".]