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 where a plan is not consistent with the objectives of the National Planning Framework (NPF) and/or the Regional Spatial and Economic Strategy (RSES). The OPR has statutory responsibility for the formal evaluation and assessment of local authority plans and is statutorily independent of the Minister in the performance of this function.
The Sligo County Development Plan 2024-2030 was made by the elected members of Sligo County Council on 30 September 2024. 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, as set out above. 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, on 8 November 2024 the then Minister of State for Local Government and Planning, 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.
In accordance with section 31(7) of the Act, the draft Direction was made available for public inspection by Sligo County Council and submissions were invited by the Council 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.
In addition to the abovementioned public consultation, section 31(10) of the Act provides that the elected members of the relevant planning authority may make a submission directly to the OPR at any time up to the expiry of the consultation period and where so submitted, shall send a copy of such submission to the Minister.
The OPR considered the Chief Executive’s report and submissions received directly from elected members 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. The OPR’s notice letter to the Minister provides an overview of the submissions made directly to it under section 31(10), which included 3 submissions from elected members of Sligo County Council received within the statutory period afforded under the Act. This letter is accessible at: https://www.opr.ie/wp-content/uploads/2025/02/1-OPR-Proposed-Direction-Sligo-CDP-2024-2030.pdf.
It is important to note further to section 31(10) of the Act that there is no statutory provision to enable the Minister to accept submissions or representations in relation to a draft Direction from any persons other than the elected members.
Having received the OPR’s recommendation, on 20 February 2025, Minister for Housing Local Government and Heritage James Browne TD published a newspaper notice under section 31AN(16)(a) of the 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) of the Planning and Development Act 2000 relates to environmental assessment of any material alteration to a development plan that would arise from a Ministerial Direction proposed to be issued in relation to that plan.
Where a material alteration would arise from a proposed Direction, the Minister must determine if it requires to be assessed in accordance with the EU Strategic Environmental Assessment Directive (for SEA) and/or the EU Habitats Directive (for Appropriate Assessment).
Where environmental assessments have been determined to be required, the Minister must carry out the SEA and/or AA within a time period determined by the Minister.
On 1 May 2026, the Minister of State for Local Government and Planning, John Cummins TD, issued a letter notifying Sligo County Council of his decision under section 31AN(4A)(b) of the 2000 Act not to agree with the recommendation of the OPR to issue a direction in respect of six identified parts of the recommended proposed final direction. The detailed reasons for this decision are set out in a Statement of Reasons prepared in accordance with the requirements of the Act. The statement is available on the Department’s website at the following link:
https://www.gov.ie/en/department-of-housing-local-government-and-heritage/publications/statement-of-reasons-pursuant-to-section-31an4ab-of-the-planning-and-development-act-2000-sligo-county-development-plan-2024-2030/
The remaining 16 parts of the proposed final direction recommended by the OPR remain subject to an ongoing statutory process and a Ministerial decision will issue in respect of those parts at a later date subject to the completion of any necessary steps that may be determined to be applicable under section 31AN(16)(b) of the Act.