Planning and Development Act 2000
Performance of functions by planning authorities.
255.—(1) A planning authority shall supply the Minister with such information relating to the performance of its functions as he or she may from time to time request.
(2) (a) A planning authority 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 its functions under this Act.
(b) Where the Minister gives a direction under this subsection, the planning authority shall report to the Minister the results of the review conducted pursuant to the direction and shall comply with any directive which the Minister may, after consultation with the planning authority as regards those results, give in relation to all or any of the matters which were the subject of the review.
(3) The Minister may appoint a person or body, not being the planning authority concerned, to carry out a review in accordance with subsection (2).
(4) Without prejudice to the powers of the Minister under the Local Government Act, 1941, if the Minister has formed the opinion from information available to him or her that—
(a) a planning authority may not be carrying out its functions in accordance with the requirements of or under this Act,
(c) there may be impropriety in the conduct of any of its functions by a planning authority, or
(d) there are serious diseconomies or inefficiencies in the conduct of its functions by a planning authority,
he or she may, where he or she considers it necessary or appropriate, for stated reasons appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority under this Act and in doing so may distinguish between reserved functions and other functions.
F1168[(4A) In subsection (4) "information available to him or her" includes any information or recommendation of the Office of the Planning Regulator having regard to—
(a) a draft report under subsection (4) of section 31AS or, where the report has been finalised, in the report under subsection (6) of that section,
(b) a draft report under subsection (3) of section 31AT or, where the report has been finalised, in the report under subsection (5) of that section,
(c) a report on a preliminary examination under section 31AU, or
(d) directions issued by the Minister on foot of recommendations from the Office under Chapter III of Part IIB.]
(5) In considering whether it is necessary or expedient to appoint a commissioner under this section, the Minister may have regard to any loss of public confidence in the carrying out of its functions by the planning authority and the need to restore that confidence.
(6) A commissioner appointed under this section shall be appointed in accordance with such terms and conditions and for such period as may be specified by the Minister.
(7) A planning authority may on stated grounds based on the provisions of subsection (4), by resolution, request the Minister to appoint a commissioner to carry out all or any of the functions of the authority under this Act and the Minister shall have regard to any such request.
(8) It shall be the duty of every member and every official of a planning authority to co-operate with any commissioner appointed under this section.
Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 45, S.I. No. 133 of 2019, art. 2(d).