Planning and Development Act 2000

Codes of conduct.

150

150.—(1) (a) Every planning authority, by resolution, and the Board 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 must be followed by those persons referred to in subsection (3).

(b) A code of conduct under this section shall be adopted within one year of the commencement of this section.

(2) A code of conduct shall consist of a written statement setting out the planning authority’s or the Board’s policy 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 authority or the Board, 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 authority or the Board, as the case may be, both during and after any period of employment with the authority or the Board, 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 authority or the Board, as appropriate;

(g) following of proper procedure in relation to the functions of the authority and the Board including the procedures for—

(i) (I) the review, making and variation of development plans,

(II) the review, making and amendment of local area plans,

(III) the processing of planning applications and appeals, and

(IV) the granting of permission which would materially contravene the development plan, including the use of resolutions referred to in section 34(6)(c),

and

(ii) the disclosure by members and employees of the authority or of the Board of any representations made to such members or employees whether in writing or otherwise in relation to those matters.

(3) This section shall apply to—

(a) a member of the Board,

(b) a member of a planning authority,

(c) an employee of the Board or any other person—

(i) whose services are availed of by the Board, and

(ii) who is of a class, description or grade prescribed for the purposes of this section,

and

(d) an officer of a planning authority who is the holder of an office which is of a class, description or grade so prescribed.

(4) (a) It shall be a condition of appointment of persons listed at subsection (3)(a) that they shall comply with the code of conduct.

(b) It shall be a condition of taking up and holding office by persons listed at subsection (3)(b) that they shall comply with the code of conduct.

(c) It shall be a condition of employment of persons listed at subsection (3)(c) and (d) that they shall comply with the code of conduct.

(5) A planning authority or the Board may at any time review a code of conduct adopted under this section and may—

(a) amend the code of conduct, or

(b) adopt a new code of conduct.

Annotations

Editorial Notes:

E306

Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 75 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.

E307

Provision for continuance of code under section made (21.05.2004) by Local Government Act 2001 (37/2001), s. 169(6), S.I. No. 217 of 2004.

E308

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).