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

(a) a notice given under subsection (2) of section 24 by a regional assembly to that Office for the purposes of that section of the intention of the regional assembly to make a regional spatial and economic strategy,

(b) a notice and a copy of the draft of the regional spatial and economic strategy sent to the Office under subsection (4)(a) of section 24 by the regional assembly concerned for the purpose of that section,

and the Office may make such submissions or observations as provided for by section 24.

(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 23 and, in particular, subsection (2)(c)(viii) of that section in relation to climate change;

(b) consistency with the regional spatial and economic strategies and the National Planning Framework (or, where appropriate, the National Spatial Strategy) F297[and the National Marine Planning Framework] and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development;

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

(d) policy directives issued under section 29;

(e) in respect of a regional assembly or local authorities to which the Greater Dublin Area (GDA) relates, consistency with regional spatial and economic strategies and the transport strategy of the National Transport Authority;

(f) 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 observations and recommendations to the regional assembly concerned 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 regional assembly, and

(b) send to the Minister a copy of any such observations or submissions, together with any recommendations made.

(4) The report of the director of the regional assembly prepared for the members of the regional assembly under Chapter III of Part II shall, in so far as it relates to the preparation of the draft regional spatial and economic strategy—

(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 director of the regional assembly in relation to the manner in which those issues and recommendations should be addressed, taking account of—

(i) the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made, and

(ii) the principles of proper planning and sustainable development,

and

(c) make the report available on the website of the regional assembly.

(5) A regional assembly shall notify the Office within 5 working days of the making of a regional spatial and economic strategy and send a copy of the strategy where the regional assembly—

(a) decides not to comply with any recommendations made in the relevant report of the Office, or

(b) otherwise make the strategy in such a manner as to be inconsistent with any recommendations made by the Office,

then the director of the regional assembly shall inform the Office accordingly in writing, which notice shall state the reasons for the decision of the regional assembly.

(6) Where paragraph (a) or (b) of subsection (5) applies, the Office shall consider whether or not the strategy as made by the regional assembly is, in its opinion, 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 regional and spatial economic strategy has not been made in a manner consistent with the recommendations of the Office,

(b) that the decision of the regional assembly concerned results in the making of a regional spatial and economic strategy that is inconsistent with the National Planning Framework (or, where appropriate, the National Spatial Strategy) and the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made, and not in accordance with the principles of proper planning and sustainable development, and

(c) as a consequence of paragraphs (a) and (b), the use by the Minister of his or her functions under section 31 would be merited,

then the Office shall issue, no later than 4 weeks after the regional spatial and economic strategy is made, 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 the strategy is made consistent with—

(I) the National Planning Framework (or, where appropriate, the National Spatial Strategy), and

(II) the long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which it is made,

and is in accordance with the principles of 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.]