Planning and Development Act 2000

F300[Review at instigation of Office

31AS

31AS. (1) Where the Office considers it necessary or appropriate in the circumstances, the Office may conduct a review of a planning authority or the Board in respect of the systems and procedures used by such authority or the Board in relation to the performance of its functions under this Act.

(2) An authorised person may be appointed under section 31AW for the purposes of a review under this section.

(3) Where a review under this section is being conducted and, before it is completed, a request is made by the Minister to the Office under section 31AT to conduct a review under that section and such a review would include the matters to which the review under this section relates, then, where appropriate

(a) any steps taken by the Office for the purpose of the review under this section may be regarded as steps taken for the purposes of the request of the Minister under section 31AT,

(b) the appointment by virtue of subsection (2) of an authorised person may be deemed to be an appointment under section 31AW for the purposes of a review under section 31AT, and

(c) it shall not be necessary to complete the review under this section.

(4) Where a review conducted for the purposes of this section is completed, then the Office shall send a draft of the proposed report on the review together with any recommendations it makes to the planning authority concerned, the Board and the Minister, as appropriate.

(5) Within such period of time as the Office shall specify, having regard to the nature, size and complexity of a draft report and any issue of urgency associated with its finalisation, the planning authority concerned, the Board or the Minister, as the case may be, may make submissions or observations to the Office on the draft report.

(6) The Office shall review any submissions or observations made for the purposes of subsection (5) before finalising the report, including any recommendations, and the Office

(a) shall send a copy of the report to any person to whom the draft report was sent under subsection (4),

(b) shall publish, or cause to be published, the report on the Offices website, and

(c) may send a copy of the report to such other persons as it considers appropriate in the circumstances.

(7) A recommendation by the Office relating to a planning authority, which is included in a draft of a proposed report under subsection (4) or in a report under subsection (6), may, where appropriate and without prejudice to making any other recommendation, include a recommendation that the Minister consider exercising his or her functions under any of the following:

(a) section 28 to issue guidelines;

(b) section 29 to issue policy directives;

(c) subsection (2) of section 255 to give a directive under that subsection;

(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned.]

Annotations

Amendments:

F300

Inserted (3.04.2019) by Planning and Development (Amendment) Act 2018 (16/2018), s. 4, S.I. No. 133 of 2019, art. 2(a).