31AO.—(1) The Office shall evaluate and assess, at least at a strategic level—

(a) a notice given under subsection (3)(a)(i) of section 20 by a planning authority to that Office of a proposal to make, amend or revoke a local area plan for the purposes of that section,

(b) a notice sent to that Office under subsection (3)(e) of section 20 by a planning authority relating to a material alteration to a local area plan (including, where sent, a copy of the proposed material alteration) for the purposes of that section,

and the Office may make such submissions or observations, recommendations or reports as provided for by 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 the following:

(a) matters generally within the scope of section 19;

(b) consistency with the objectives of the relevant development plan, its core strategy, any regional spatial and economic strategy that applies to the area and the transport strategy of the National Transport Authority;

(c) relevant guidelines for planning authorities made under section 28;

(d) policy directives issued under section 29;

(e) such other matters as the Minister may prescribe under section 262 or otherwise prescribe.

(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 section 20, in respect of the preparation, amendment or revocation of a local area plan, shall—

(a) summarise the issues raised in the submissions or observations, including recommendations, made by the Office in relation to the Office’s evaluation and assessments under subsection (1),

(b) 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

(c) make the report available on the website of the planning authority following the decision of the elected members.

(5) A planning authority shall notify the Office within 5 working days of the making of a local area plan or an amendment to a local area plan and send a copy of the written statement and maps as 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.

(6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the local area plan as made, amended or revoked by the planning authority is, in the opinion of the Office, consistent with any recommendations made by the Office.

(7) Where subsequent to any consideration for the purposes of subsection (6), the Office is of the opinion that—

(a) the local area plan has not been made, amended or revoked, as the case may be, 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 local area plan, or its amendment or revocation, as the case may be, in a manner that is inconsistent with the development plan 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 local area plan has been made, amended or revoked, as the case may be, 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 local area plan, or the local area plan F289[as amended 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.

(8) A copy of the notice issued to the Minister under subsection (7) shall be made available by the Office on its website.]