PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 (2018_act_16) | IE

ISB Act 2018-07-19

Schedule 1 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 Open official source

SCHEDULE 1 Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000

SCHEDULE 1

Miscellaneous and Consequential Amendments to Part II of Planning and Development Act 2000

Section 5

Reference No.

Provision

Amendment

(1)

(2)

(3)

1

Section 11(2)

Insert “, the Office of the Planning Regulator” after “the Minister”.

2

Section 12(1)(a)

Insert “, the Office of the Planning Regulator” after “the Minister”.

3

Section 12(4)(b)(ii)(I)

Substitute “Minister,” for “Minister; and”.

4

Section 12(4)(b)(ii)

After clause (I), insert: “(IA) issues raised by the Office of the Planning Regulator, and”.

After clause (I), insert

“(IA) issues raised by the Office of the Planning Regulator, and”.

5

Section 12(5)(aa)

Insert “, or from the Office of the Planning Regulator,” after “from the Minister”.

6

Section 12(5)(aa)

Insert “, the Office of the Planning Regulator” after “it shall so inform the Minister”.

7

Section 12(7)(a)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

8

Section 12(12)(c)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

9

Section 12(17)

Substitute “6 weeks” for “4 weeks”.

10

Section 13(2)(a)

Insert “the Office of the Planning Regulator,” before “the Board”.

11

Section 13(4)(b)(ii)(I)

Delete “and”.

12

Section 13(4)(b)(ii)

After clause (I), insert: “(IA) issues raised by the Office of the Planning Regulator, and”.

After clause (I), insert

“(IA) issues raised by the Office of the Planning Regulator, and”.

13

Section 13(5)(aa)

Insert “, or from the Office of the Planning Regulator,” after “from the Minister”.

14

Section 13(5)(aa)

Insert “, the Office of the Planning Regulator” after “it shall so inform the Minister”.

15

Section 13(8)(c)

Insert “the Office of the Planning Regulator,” before “the Board”.

16

Section 13(11)

Substitute “6 weeks” for “4 weeks”.

17

Section 20(1)

Insert “, the Office of the Planning Regulator” after “the Minister”.

18

Section 20(3)(a)(i)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

19

Section 20(3)(e)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

20

Section 20(4A)

Substitute “6 weeks” for “4 weeks”.

21

Section 24(2)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

22

Section 24(4)(a)

Insert “the Office of the Planning Regulator,” after “the Minister,”.

23

Section 27A

Insert after subsection (4): “(5) A regional assembly shall send a copy of any report under this section to the Office of the Planning Regulator.”.

Insert after subsection (4)

“(5) A regional assembly shall send a copy of any report under this section to the Office of the Planning Regulator.”.

24

Section 27B(4)

Insert “and the Office of the Planning Regulator” after “to the Minister”.

25

Section 27C(4)

Insert “and the Office of the Planning Regulator” after “to the Minister”.

26

Section 31(1)

Substitute “a local area plan or an amendment to a local area plan” for “or a local area plan”.

27

Section 31(1)

Substitute “then, subject to compliance with the relevant provisions of sections 31AM and 31AN or sections 31AO and 31AP, as the case may be, the Minister may” for “the Minister may”.

28

Section 31

Substitute for subsection (3): “(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a plan is made, issue a notice in writing to a planning authority consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AN(9) or 31AP(9), as the case may be.”.

Substitute for subsection (3)

“(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a plan is made, issue a notice in writing to a planning authority consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AN(9) or 31AP(9), as the case may be.”.

29

Section 31

Substitute for subsection (5): “(5) The Minister shall furnish a copy of the notice referred to in subsection (3)— (a) to the chief executive and to the Cathaoirleach of the planning authority concerned, (b) where there is a regional spatial and economic strategy in force for the area of the planning authority, to the director of the regional assembly concerned, (c) where it concerns any matter to which Part IIB relates, to the Office of the Planning Regulator, and (d) where relevant, to the National Transport Authority.”.

Substitute for subsection (5)

“(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—

(a) to the chief executive and to the Cathaoirleach of the planning authority concerned,

(b) where there is a regional spatial and economic strategy in force for the area of the planning authority, to the director of the regional assembly concerned,

(c) where it concerns any matter to which Part IIB relates, to the Office of the Planning Regulator, and

(d) where relevant, to the National Transport Authority.”.

30

Section 31(7)

Substitute for paragraph (c): “(c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.”.

Substitute for paragraph (c)

“(c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.”.

31

Section 31

Substitute for subsection (8): “(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the chief executive shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator and the Minister.”.

Substitute for subsection (8)

“(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the chief executive shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the elected members of the planning authority, the Office of the Planning Regulator and the Minister.”.

32

Section 31

Substitute for subsection (10): “(10) In relation to the notice issued by the Minister under subsection (3), the elected members of the planning authority— (a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and (b) where so submitted, shall send a copy of it to the Minister.”.

Substitute for subsection (10)

“(10) In relation to the notice issued by the Minister under subsection (3), the elected members of the planning authority—

(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and

(b) where so submitted, shall send a copy of it to the Minister.”.

33

Section 31

Delete subsections (11) to (15).

34

Section 31

Substitute for subsection (16): “(16) Where paragraph (a) or (c) of section 31AN(9) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

Substitute for subsection (16)

“(16) Where paragraph (a) or (c) of section 31AN(9) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

35

Section 31

Substitute for subsection (20): “(20) The Minister shall— (a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and (b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

Substitute for subsection (20)

“(20) The Minister shall—

(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and

(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

36

Section 31A(1)

Insert after paragraph (d): “(e) the Office of the Planning Regulator has issued a notice to the Minister pursuant to section 31AQ(7) in respect of a regional assembly or assemblies, as the case may be,”.

Insert after paragraph (d)

“(e) the Office of the Planning Regulator has issued a notice to the Minister pursuant to section 31AQ(7) in respect of a regional assembly or assemblies, as the case may be,”.

37

Section 31A(1)

Substitute “then, subject to compliance with the relevant provisions of sections 31AQ and 31AR, the Minister may” for “the Minister may”.

38

Section 31A

Substitute for subsection (3): “(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a regional spatial and economic strategy is made, issue a notice in writing to a regional assembly or regional assemblies, as the case may be, consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AR(9).”.

Substitute for subsection (3)

“(3) Before he or she issues a direction under this section, the Minister shall, no later than 6 weeks after a regional spatial and economic strategy is made, issue a notice in writing to a regional assembly or regional assemblies, as the case may be, consequent on a recommendation being made to him or her by the Office of the Planning Regulator under section 31AR(9).”.

39

Section 31A

Substitute for subsection (5): “(5) The Minister shall furnish a copy of the notice referred to in subsection (3)— (a) to the regional assembly or regional assemblies concerned, as the case may be, (b) to the Office of the Planning Regulator, and (c) to the National Transport Authority.”.

Substitute for subsection (5)

“(5) The Minister shall furnish a copy of the notice referred to in subsection (3)—

(a) to the regional assembly or regional assemblies concerned, as the case may be,

(b) to the Office of the Planning Regulator, and

(c) to the National Transport Authority.”.

40

Section 31A(7)

Substitute for paragraph (c): “(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly or regional assemblies, as the case may be, during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.”.

Substitute for paragraph (c)

“(c) that written submissions or observations in respect of the draft direction may be made to the regional assembly or regional assemblies, as the case may be, during such period and shall be taken into consideration by the Office of the Planning Regulator before it makes a recommendation to the Minister on the matter.”.

41

Section 31A

Substitute for subsection (8): “(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the members of the regional assembly or regional assemblies, as the case may be, the Office of the Planning Regulator and the Minister.”.

Substitute for subsection (8)

“(8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the members of the regional assembly or regional assemblies, as the case may be, the Office of the Planning Regulator and the Minister.”.

42

Section 31A

Substitute for subsection (10): “(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be— (a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and (b) where so submitted, shall send a copy of it to the Minister.”.

Substitute for subsection (10)

“(10) In relation to the notice issued by the Minister under subsection (3), the members of the regional assembly, or assemblies, as the case may be—

(a) may make a submission to the Office of the Planning Regulator at any time up to the expiry of the period of time referred to in subsection (7)(b), and

(b) where so submitted, shall send a copy of it to the Minister.”.

43

Section 31A

Delete subsections (11) to (15).

44

Section 31A

Substitute for subsection (16): “(16) Where paragraph (a) or (c) of section 31AR(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

Substitute for subsection (16)

“(16) Where paragraph (a) or (c) of section 31AR(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

45

Section 31A

Substitute for subsection (20): “(20) The Minister shall— (a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and (b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

Substitute for subsection (20)

“(20) The Minister shall—

(a) make available on the website of the Department of Housing, Planning and Local Government a direction under subsection (16), and

(b) otherwise publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

ISB Act 2018-07-19

Schedule 2 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 Open official source

SCHEDULE 2 Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local Authorities, etc.

SCHEDULE 2

Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local Authorities, etc.

Section 6

Reference No.

Provision

Amendment

(1)

(2)

(3)

1

Section 2(1)

Delete definition of “manager”.

2

Section 2(1)

After definition of “chairperson” insert the following definition: “ ‘chief executive’, in relation to a local authority, including a local authority exercising functions as a planning authority, means the chief executive appointed under Chapter 2 of Part 14 (as amended by section 54 of the Local Government Reform Act 2014) of the Local Government Act 2001;

After definition of “chairperson” insert the following definition

“ ‘chief executive’, in relation to a local authority, including a local authority exercising functions as a planning authority, means the chief executive appointed under Chapter 2 of Part 14 (as amended by section 54 of the Local Government Reform Act 2014) of the Local Government Act 2001;

3

Section 5(6)

In paragraph (d) substitute “chief executive” for “manager”.

4

Section 11(4)

In paragraph (a) substitute “chief executive” for “manager”.

5

Section 11(4)

In paragraph (b)(iii) substitute “chief executive” for “manager”.

6

Section 11(4)

In paragraph (b)(iv) substitute “chief executive’s recommendations” for “manager’s recommendations”.

7

Section 11(4)

In paragraphs (bb) and (bc) substitute “chief executive” for “manager”.

8

Section 11(4)

In paragraph (d) substitute “chief executive” for “manager” in both places where it occurs.

9

Section 11(5)

In paragraphs (a) and (b) substitute “chief executive” for “manager”.

10

Section 12(4)

In paragraph (a) substitute “chief executive” for “manager”.

11

Section 12(4)

In paragraph (b)(iii) substitute “chief executive” for “manager”.

12

Section 12(4)

In paragraphs (bb) and (bc) substitute “chief executive” for “manager”.

13

Section 12(5)

In paragraphs (a) and (aa) substitute “chief executive” for “manager”.

14

Section 12(5)

In paragraph (b) substitute “chief executive’s report” for “manager’s report” in both places where it occurs.

15

Section 12(6)

Substitute “chief executive’s report” for “manager’s report”.

16

Section 12(7)

In paragraphs (ab) and (ae) substitute “chief executive” for “manager”.

17

Section 12(8)

In paragraph (a) substitute “chief executive” for “manager”.

18

Section 12(8)

In paragraph (b)(iii) substitute “chief executive” for “manager”.

19

Section 12(9)

In paragraph (a) substitute “chief executive” for “manager”.

20

Section 12(9)

In paragraph (b) substitute “chief executive’s report” for “manager’s report” in both places where it occurs.

21

Section 12(10)

In paragraph (a) substitute “chief executive’s report” for “manager’s report”.

22

Section 12(14)

In paragraph (a) substitute “chief executive” for “manager” in both places where it occurs.

3

Section 12(14)

In paragraph (b)(ii)(II) substitute “chief executive” for “manager”.

4

Section 13(4)

In paragraph (a) substitute “chief executive” for “manager.”.

5

Section 13(4)

In paragraph (b)(iii), (bb) and (bc) substitute “chief executive” for “manager”.

6

Section 13(5)

In paragraphs (a) and (aa) substitute “chief executive” for “manager”.

7

Section 13(5)

In paragraph (b) substitute “chief executive’s report” for “manager’s report” in both places where it occurs.

8

Section 13(6)

In paragraph (a) substitute “chief executive’s report” for “manager’s report”.

29

Section 13(6)

In paragraphs (ab) and (ae) substitute “chief executive” for “manager”.

30

Section 15(2)

Substitute “chief executive” for “manager”.

31

Section 16(2)

Substitute “chief executive” for “manager”.

32

Section 16(3)

Substitute “chief executive” for “manager”.

33

Section 19(1)

In subparagraphs (i) and (ii) of paragraph (e) substitute “chief executive” for “manager”.

34

Section 20(3)

In subparagraph (i) of paragraph (c) substitute “chief executive” for “manager”.

35

Section 20(3)

In subparagraph (ii)(III) of paragraph (c) substitute “chief executive” for “manager”.

36

Section 20(3)

In paragraph (cc) substitute “chief executive” for “manager”.

37

Section 20(3)

In subparagraph (i) and (ii) of paragraph (d) substitute “chief executive” for “manager” and in subparagraph (ii)(I) of that paragraph substitute “chief executive’s report” for “manager’s report”.

38

Section 20(3)

In paragraph (e) to substitute “chief executive’s report” for “manager’s report”.

39

Section 20(3)

In paragraphs (g) and (i) substitute “chief executive” for “manager”.

40

Section 20(3)

In paragraph (k) substitute “chief executive” for “manager” in both places where it occurs.

41

Section 20(3)

In paragraphs (l)(iii) and (m) substitute “chief executive” for “manager”.

42

Section 20(3)

In paragraph (n) substitute “chief executive’s report” for “manager’s report”.

43

Section 31(2)

Substitute “chief executive” for “Manager”.

44

Section 31(5)

Substitute “chief executive” for “manager”.

45

Section 31(7)

Substitute “chief executive” for “manager”.

46

Section 31(8)

Substitute “chief executive” for “manager”.

47

Section 31(13)

In paragraph (b) substitute “chief executive” for “manager”.

48

Section 31(14)

Substitute “chief executive” for “manager”.

49

Section 31A(2)

Substitute “chief executive” for “Manager”.

50

Section 34(10)

In paragraph (b) substitute “chief executive” for “manager”.

51

Section 37E(5)

Substitute “chief executive” for “manager”.

52

Section 48(6)

In paragraphs (a) and (b)(iii) substitute “chief executive” for “manager”.

53

Section 48(7)

Substitute “chief executive” for “manager”.

54

Section 48(8)

In paragraphs (a) and (b) substitute “chief executive’s report” for “manager’s report” in each place where it occurs.

55

Section 85(5)

In paragraphs (a) and (b)(iii) substitute “chief executive” for “manager”.

56

Section 85(6)

Substitute “chief executive” for “manager”.

57

Section 85(7)

Substitute “chief executive” for “manager”.

58

Section 95(3)

In paragraphs (a) and (b) substitute “chief executive” for “manager” in each place where it occurs.

59

Section 147(13)

In paragraph (a)(i) substitute “chief executive” for “manager” in both places where it occurs.

60

Section 147(13)

In paragraph (a) substitute for subparagraph (ii): “(ii) the deputy chief executive (within the meaning of section 148, inserted by section 54 of the Local Government Reform Act 2014, of the Local Government Act 2001) of a local authority shall be deemed to be an officer of the planning authority concerned, and”.

In paragraph (a) substitute for subparagraph (ii)

“(ii) the deputy chief executive (within the meaning of section 148, inserted by section 54 of the Local Government Reform Act 2014, of the Local Government Act 2001) of a local authority shall be deemed to be an officer of the planning authority concerned, and”.

61

Section 148(4)

Substitute “chief executive” for “manager”.

62

Section 148(5)

In paragraph (b) substitute “chief executive” for “manager” in each place where it occurs.

63

Section 169(3)

In paragraphs (a) and (b)(iii) substitute “chief executive” for “manager”.

64

Section 169(4)

In paragraphs (a), (bb) and (be) substitute “chief executive” for “manager”.

65

Section 177I(2)

In paragraph (e) substitute “chief executive” for “manager”.

66

Section 179(3)

In paragraphs (a), and (b)(iv) substitute “chief executive” for “manager”.

67

Section 179(4)

In paragraph (a) substitute “chief executive” for “manager”.

68

Section 179(4)

In paragraphs (b) and (c) substitute “chief executive’s report” for “manager’s report” in each place where it occurs.

69

Section 179(6)

In paragraph (b) substitute “chief executive” for “manager”.

70

Section 238(3)

In paragraphs (a), (b)(iv) and (c) substitute “chief executive” for “manager”.

71

Section 238(3)

In paragraphs (d) and (e) substitute “chief executive’s report” for “manager’s report” in each place where it occurs.

ISB Act 2018-07-19

Schedule 3 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 Open official source

SCHEDULE 3 National Planning Framework and References to National Spatial Strategy

SCHEDULE 3

National Planning Framework and References to National Spatial Strategy

Section 18(2)

Reference No.

Short title of Act

Provision

Amendment

(1)

(2)

(3)

(4)

1

Planning and Development Act 2000

Section 10

In subsection (1A) substitute “National Planning Framework” for “National Spatial Strategy”.

2

Section 10

In paragraphs (a) and (f)(i) of subsection (2A) substitute “National Planning Framework” for “National Spatial Strategy”.

3

Section 10

In subsection (2C)(a) substitute “National Planning Framework” for “National Spatial Strategy”.

4

Section 22A

In subsection (3) substitute “National Planning Framework” for “National Spatial Strategy”.

5

Section 23

In subsection (1)(a) substitute “National Planning Framework” for “National Spatial Strategy” in both places where it occurs.

6

Section 23

In subsection (2)(a) substitute “National Planning Framework” for “National Spatial Strategy”.

7

Section 23

In subsection (3)(a)(iii) substitute “National Planning Framework” for “National Spatial Strategy or any successor strategy”.

8

Section 27A

In subsection (3)(b) substitute “regional development through maximising the potential of the regions” for “balanced regional development”.

9

Section 37A

In subsection (2)(b) substitute “National Planning Framework” for “National Spatial Strategy”.

10

Section 143

In subsection (1)(c) substitute “National Planning Framework” for “National Spatial Strategy”.

11

Section 177T

In subsection (3) substitute “As respects a draft National Planning Framework, the Government shall prepare a Natura impact report in relation to a draft Land use plan and the following bodies shall also prepare a Natura impact report in relation to a draft Land use plan” for “The following bodies shall prepare a Natura impact report in relation to a draft Land use plan”.

12

Water Services Act 2007

Section 30

In subsection (3)(c) substitute “National Planning Framework” for “National Spatial Strategy”.

13

Dublin Transport Authority Act 2008

Section 2

Delete definition of “National Spatial Strategy”.

14

Section 12

In subsection (5)(a) substitute “National Planning Framework” for “National Spatial Strategy”.

15

Public Transport Regulation Act 2009

Section 2

Delete definition of “National Spatial Strategy”.

16

Section 10

In subsection (1)(b)(v) substitute “National Planning Framework” for “National Spatial Strategy”.

17

Water Services (No. 2) Act 2013

Section 33

In subsection (5)(a)(i) substitute “National Planning Framework” for “National Spatial Strategy”.

18

Section 33

Delete subsection (12).

ISB Act 2018-07-19

Schedule 4 PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018 Open official source

SCHEDULE 4 Amendment to Planning and Development Act 2000

SCHEDULE 4

Amendment to Planning and Development Act 2000

Publication on Website of a Planning Authority of Certain Submissions and Observations, and Reports of the Chief Executive, Relating to Planning Process

Section 19

Reference No.

Provision

Amendment

(1)

(2)

(3)

1

Section 9

After subsection (5) insert: “(5A) (a) Written observations or submissions received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority. (b) Publication in accordance with paragraph (a)— (i) does not apply where the planning authority is of the opinion that the observation or submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure, (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the observations or submissions concerned, (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the observations or submissions concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or (iv) does not apply where the observations or submissions relate to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the observations or submissions relate to matters prescribed by the Minister.”.

After subsection (5) insert

“(5A) (a) Written observations or submissions received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

(b) Publication in accordance with paragraph (a)—

(i) does not apply where the planning authority is of the opinion that the observation or submission is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the observations or submissions concerned,

(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the observations or submissions concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

(iv) does not apply where the observations or submissions relate to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the observations or submissions relate to matters prescribed by the Minister.”.

2

Section 11

After subsection (3) insert: “(3A) (a) Written submissions or observations received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority. (b) Publication in accordance with paragraph (a)— (i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure, (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned, (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or (iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”.

After subsection (3) insert

“(3A) (a) Written submissions or observations received by a planning authority under subsection (3) or (4) shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

(b) Publication in accordance with paragraph (a)—

(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”.

3

Section 11(4)

After paragraph (a) insert: “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following its preparation.”.

After paragraph (a) insert

“(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following its preparation.”.

4

Section 12(4)

After paragraph (a) insert: “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”.

After paragraph (a) insert

“(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”.

5

Section 12(8)

After paragraph (a) insert: “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”.

After paragraph (a) insert

“(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”.

6

Section 12

After subsection (8) insert: “(8A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority. (b) Publication in accordance with paragraph (a)— (i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure, (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned, (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or (iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”.

After subsection (8) insert

“(8A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

(b) Publication in accordance with paragraph (a)—

(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”.

7

Section 13

After subsection (3) insert: “(3A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority. (b) Publication in accordance with paragraph (a)— (i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure, (ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned, (iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or (iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”.

After subsection (3) insert

“(3A) (a) Written submissions or observations received by a planning authority under this section shall, subject to paragraph (b), be published on the website of the authority within 10 working days of its receipt by that authority.

(b) Publication in accordance with paragraph (a)—

(i) does not apply where the planning authority is of the opinion that the submission or observation is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

(ii) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in paragraph (a), legal advice to the effect that it should not publish under that paragraph or should cease to so publish, as the case may be, the submission or observation concerned,

(iii) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in paragraph (a), legal advice that part of the submission or observation concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

(iv) does not apply where the submission or observation relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observation relates to matters prescribed by the Minister.”.

8

Section 13(4)

After paragraph (a) insert: “(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”.

After paragraph (a) insert

“(aa) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (a).”.

9

Section 20(3)(c)

After subparagraph (i) insert: “(ia) A chief executive’s report prepared for the purposes of subparagraph (i) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under subparagraph (i).”.

After subparagraph (i) insert

“(ia) A chief executive’s report prepared for the purposes of subparagraph (i) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under subparagraph (i).”.

10

Section 20(3)

After paragraph (j) insert: “(ja) (i) Written submissions or observations received by a planning authority under this subsection shall, subject to subparagraph (ii), be published on the website of the authority within 10 working days of its receipt by that authority. (ii) Publication in accordance with subparagraph (i)— (I) does not apply where the planning authority is of the opinion that the submission or observat-ion is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure, (II) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in subparagraph (i), legal advice to the effect that it should not publish under that subparagraph or should cease to so publish, as the case may be, the submission or observation concerned, (III) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in subparagraph (i), legal advice that part of the submission or observa-tion concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or (IV) does not apply where the submission or observa-tion relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observa-tion relates to matters prescribed by the Minister.”.

After paragraph (j) insert

“(ja) (i) Written submissions or observations received by a planning authority under this subsection shall, subject to subparagraph (ii), be published on the website of the authority within 10 working days of its receipt by that authority.

(ii) Publication in accordance with subparagraph (i)—

(I) does not apply where the planning authority is of the opinion that the submission or observat-ion is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not, expressly, or impliedly in the circumstances, consented to its disclosure,

(II) does not apply where the planning authority has sought and receives, either before or after the period of 10 working days referred to in subparagraph (i), legal advice to the effect that it should not publish under that subparagraph or should cease to so publish, as the case may be, the submission or observation concerned,

(III) does not apply to the extent that the local authority has sought and received, either before or after the period of 10 working days referred to in subparagraph (i), legal advice that part of the submission or observa-tion concerned should not be published on the website of the planning authority or should cease to be so published, as the case may be, or

(IV) does not apply where the submission or observa-tion relates to matters prescribed by the Minister for the purpose of this provision or does not apply to the extent that so much of the submission or observa-tion relates to matters prescribed by the Minister.”.

11

Section 20(3)

After paragraph (k) insert: “(ka) A chief executive’s report prepared for the purposes of paragraph (k) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (k).”.

After paragraph (k) insert

“(ka) A chief executive’s report prepared for the purposes of paragraph (k) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under paragraph (k).”.

PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

Statutory Text (4 Articles)

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