31AP.—(1) The Minister shall consider the recommendations of the Office in the notice issued under section 31AO, and—

(a) where the Minister agrees with that notice then the Minister shall proceed, pursuant to section 31, to issue a notice for the purposes of subsections (3) and (4) of that section having taken account of the proposed draft direction submitted by the Office, or

(b) where the Minister does not so agree with the Office, then the Minister shall—

(i) prepare a statement in writing of his or her reasons for not agreeing,

(ii) cause that statement to be laid before each House of the Oireachtas, and

(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Planning and Local Government.

(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office and to the planning authority concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.

(3) Where the Minister issues a notice under section 31 for the purposes of subsections (3) and (4) of that section—

(a) the notice shall specify that the chief executive’s report on the submissions on the draft direction shall be made to the Office, and

(b) the chief executive shall act accordingly.

F291[(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—

(a) recommend to the Minister that he or she issue the direction with or without minor amendments, or

(b) for stated reasons, where the Office is of the opinion that—

(i) a material amendment to the draft direction may be required,

(ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or

(iii) it is necessary for any other reason,

appoint a person to be an inspector.]

F292[(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—

(a) where the Minister agrees with the recommendation, then the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or

(b) where the Minister does not so agree with the recommendation, then the Minister shall—

(i) prepare a statement in writing of his or her reasons for not agreeing,

(ii) cause that statement to be laid before each House of the Oireachtas, and

(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

(4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

(5) An inspector appointed under subsection (4) shall—

(a) be a person who, in the opinion of the Office, has satisfactory experience and competence to perform the functions required of him or her under this section, and

(b) be independent in the performance of those functions.

(6) The inspector—

(a) shall review the draft direction, the report of the chief executive furnished and any submissions made,

(b) shall consult with the chief executive and elected members of the planning authority,

(c) may consult with the regional assembly and persons who made submissions, and

(d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Office.

(7) Copies of the report of the inspector under subsection (6) shall—

(a) without delay be furnished by the Office to the chief executive F293[and the Cathaoirleach of the planning authority] and, where relevant, to the regional assembly, and

(b) be made available electronically, in such manner as the Office considers appropriate in the circumstances, to persons who made submissions.

(8) Any person to whom a copy of the report of the inspector has been furnished or made available may make a submission to the Office in relation to any matter referred to in the report no later than 10 days after—

(a) where subsection (7)(a) applies, the report was furnished to him or her, or

(b) where subsection (7)(b) applies, the report was made available to him or her.

(9) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Office may decide) after receipt of the report of the inspector, or of any submissions made to him or her, the Office, having considered the report, recommendations or submissions, as the case may be, shall recommend to the Minister for stated reasons—

(a) to issue the direction,

(b) not to issue the direction, or

(c) to issue the direction, which has been amended by the Office to take account of any of the following matters as the Office considers appropriate:

(i) recommendations contained in the report of the inspector;

(ii) any submissions made,

and, where paragraph (a) or (c) applies and the Minister agrees with the recommendation, then he or she shall, subject to subsection (16) issue the direction under section 31 with or without minor amendments.

F294[(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—

(a) prepare a statement in writing of his or her reasons for not agreeing,

(b) cause that statement to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

(9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.]

(10) A copy of the recommendations to the Minister under subsection (9), the report of the inspector and any submissions made shall be made available on the website of the Office and be sent to the relevant planning authority.

(11) From the adoption of a local area plan—

(a) such provisions as—

(i) are required to be included in the local area plan by virtue of a direction issued by the Minister under section 31, and

(ii) are not so included,

shall be deemed to be included in that local area plan, and

(b) such provisions of the local area plan as do not comply with a direction so issued shall be deemed not to be included in that local area plan.

(12) F295[…]

(13) F295[…]

(14) A copy of the direction issued by the Minister under section 31 shall be copied to the Office and made available on its website.

(15) F295[…]

(16) (a) Where the giving of a direction by the Minister in accordance with F296[subsection (4A) or (9)] would require the making of a material alteration to a local area plan, the Minister shall, not later than 3 weeks after the making of the recommendation by the Office under that subsection—

(i) publish a notice of the material alteration that would be so required in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan, and

(ii) send a copy of that notice to the planning authority concerned, the regional assembly, the Office, the Board and the prescribed authorities.

(b) The Minister shall, before giving a direction in accordance with F296[subsection (4A) or (9)], determine—

(i) whether or not a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, and

(ii) where he or she determines that a strategic environmental assessment or an appropriate assessment is so required, the period that it would take to carry out such strategic environmental assessment or appropriate assessment.

(c) Where the Minister makes a determination under paragraph (b) that a strategic environmental assessment or an appropriate assessment is required to be carried out as respects a material alteration to a local area plan that would be required in order to comply with the direction, he or she shall publish a notice of that determination in at least one newspaper circulating in the administrative area of the local authority that prepared the local area plan concerned.

(d) A copy of the determination under paragraph (b) and a copy of the proposed material alteration to the local area plan concerned shall, for a period of not less than 4 weeks from the date of the determination, be made available for inspection—

(i) by members of the public at such place and at such times as are specified in the notice referred to in paragraph (c), and

(ii) on the internet website of the Minister and the internet website of the planning authority concerned.

(e) A notice to which paragraph (c) applies shall—

(i) state that a determination under paragraph (b) has been made for the purposes of giving a direction in accordance with F296[subsection (4A) or (9)],

(ii) specify the place at which and times during which copies of the determination under paragraph (b) and the proposed material alteration to the local area plan concerned will be made available for inspection by members of the public,

(iii) state that such copies will be available for inspection on the internet website of the Minister and the internet website of the planning authority concerned,

(iv) invite written submissions or observations with respect to the proposed material alteration or a strategic environmental assessment or appropriate assessment required to be carried out by virtue of the said determination to be made to the Minister before the expiration of such period as specified in the notice, and

(v) that any such submissions or observations shall be taken into account by the Minister in giving a direction in accordance with F296[subsection (4A) or (9)].

(f) The Minister shall carry out a strategic environmental assessment, appropriate assessment, or both, of the proposed material alteration of the local area plan within the period determined by the Minister in accordance with paragraph (b).

(g) The Minister shall, not later than 8 weeks after the publication of a notice under paragraph (c), prepare a report on any submissions or observations received in accordance with that notice.

(h) A report under paragraph (g) shall—

(i) specify the persons who made submissions or observations in accordance with the notice under paragraph (c),

(ii) provide a summary of those submissions and observations, and

(iii) set out the response of the Minister to those submissions and observations.

(i) The Minister shall, in setting out his or her response to submissions or observations in accordance with the notice under paragraph (c), take account of the following:

(i) the proper planning and sustainable development of the area to which the proposed local area plan is intended to apply,

(ii) the duties under statute of the local authority within whose administrative area the proposed local area plan is intended to apply,

(iii) the necessity of ensuring that the proposed local area plan will be consistent with—

(I) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy,

(II) specific planning policy requirements specified in guidelines under section 28(1), and

(III) policies or objectives for the time being of the Government or of any Minister of the Government.]