Section 31 of the Planning and Development Act 2000 empowers the Minister to direct a planning authority to take such measures as he or she may require to ensure that its development plan complies with the requirements of the Act.
The use of this power is conditional on the Minister first receiving a formal recommendation on the matter from the Office of the Planning Regulator (OPR) and thereafter forming the opinion that one or more of the criteria set out in section 31(1) of the Act apply. These matters include, but are not limited to, where a plan fails to set out an overall strategy for the proper planning and sustainable development of the area, or a plan is not consistent with the objectives of the National Planning Framework (NPF) and the Regional Spatial and Economic Strategy (RSES).
Since its establishment in April 2019, the OPR has had statutory responsibility for the evaluation and assessment of local authority plans in accordance with section 31P of the Act. The Office is statutorily independent of the Minister in the performance of this function pursuant to section 31R of the Act.
In the exercise of its plan evaluation function, the OPR may make submissions to the relevant planning authority including such recommendations 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 function.
With respect to the preparation of the Sligo County Development Plan 2024-2030, the OPR made three submissions to Sligo County Council at different stages of the plan-making process, as set out below:
• 24 September 2021 – OPR submission on the development plan’s pre-draft issues paper.
• 22 December 2023 – OPR submission on the draft development plan.
• 5 July 2024 – OPR submission on the material alterations to the plan.
Copies of these submissions may be viewed on the website of the OPR at the following link:
www.opr.ie/submissions-submitted-by-the-opr/
The Sligo County Development Plan 2024-2030 was made by the elected members of Sligo County Council on 30 September 2024. Pursuant to section 31AM(6) of the Act, the Council subsequently issued a notice to the OPR informing it of the recommendations that it had decided not to comply with.
In accordance with the provisions of section 31AM(8) of the Act, where it considers that it is merited, the OPR may recommend that the Minister exercise his or her function to issue a direction to a planning authority in relation to a development plan. In such instances, the OPR issues a notice letter to the Minister setting out its recommendation. The OPR issued a notice to the Minister regarding the Sligo County Development Plan on 27 October 2024.
Pursuant to the recommendation received from the Office of the Planning Regulator, on 8 November 2024 the then Minister of State at the Department of Housing, Local Government and Heritage, Alan Dillon TD, wrote to the Chief Executive of Sligo County Council giving notice of his intention to issue a direction in relation to the Sligo County Development Plan 2024-2030. A draft of the proposed direction was contained in the notice in accordance with section 31(4) of the Act, and accordingly, those parts of the development plan referred to in the notice shall be taken not to have come into effect, been made or amended.
The draft Direction was made available for public inspection by Sligo County Council and submissions were invited during the period from 25 November 2024 to 9 December 2024. Subsequently, the Chief Executive of Sligo County Council prepared a report dated 14 January 2025 on submissions received during the consultation period and made recommendations on how to give effect to the draft Direction. The OPR considered this report and on 31 January 2025 issued a notice under section 31AN(4) of the Act recommending that the Minister issue the Direction with minor amendments.
On 20 February 2025 Minister James Browne TD published a notice in The Irish Times pursuant to section 31AN(16)(a) of the 2000 Act giving notice that:
- having regard to the nature and number of amendments recommended to be directed, the giving of the Direction to the planning authority would require the making of a material alteration to the Sligo County Development Plan 2024-2030;
- the Minister’s decision under section 31AN(4A) of the Act shall be subject to section 31AN(16).
Section 31AN(16)(b) of the Act requires that the Minister shall, before giving a direction, 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 development 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.
Detailed work in respect of these requirements is nearing conclusion within my Department and further details will be communicated in due course in line with statutory requirements. As the aforementioned statutory process is yet to conclude it would not be appropriate to comment further at this time.
With regard to the intervening period, it is important to note that section 31(6)(b) of the 2000 Act specifies that if a part of a development plan proposed to be replaced contains a matter that corresponds to any matter contained in a plan which is referred to in a draft Direction, that part of the previous development plan shall not cease to have effect in respect of that matter. Accordingly, the Act makes specific provision for the period in which a draft Direction is operative, pending the conclusion of the statutory process. Those parts of the development plan unaffected by the draft Direction continue to operate as normal.
