Planning and Development Act 2000

F301[Review by Office at instigation of Minister


31AT. (1) Where the Minister has formed the opinion that a planning authority

(a) may not be carrying out its functions in accordance with the requirements of or under this Act,

(b) is not in compliance with guidelines issued under section 28, a policy directive issued under section 29, a direction issued under section 31 or a directive issued under section 255(2),

(c) may not be exercising its enforcement functions under Part VIII appropriately to ensure compliance in its administrative area with the Planning and Development Acts 2000 to 2018, including enforcement consequent on the issue to it of any policy directive under section 29 for the purpose of such compliance,

(d) may be applying inappropriate standards of administrative practice or otherwise acting contrary to fair or sound administration in the conduct of its functions,

(e) may be applying systemic discrimination in the conduct of its functions,

(f) may be operating in a manner whereby there is impropriety or risks of corruption in the conduct of its functions, or

(g) may be operating in a manner whereby there are serious diseconomies or inefficiencies in the conduct of its functions,

then the Minister may request the Office to conduct a review of the organisation and the systems and procedures used in relation to the performance of functions under this Act by

(i) the planning authority concerned, or

(ii) where relevant, the planning authority concerned and, in so far as it relates to that authority, the Board.

(2) Where a request has been made by the Minister to the Office under subsection (1), the Office shall conduct a review under this Chapter and, for that purpose, an authorised person may be appointed under section 31AW.

(3) 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.

(4) 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.

(5) The Office shall review any submissions or observations made for the purposes of subsection (4) 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 to send it to in the circumstances.

(6) A recommendation by the Office relating to a planning authority, which is included in a draft of a proposed report under subsection (3) or in a report under subsection (5), 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.]




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