Important changes to planning law are taking effect as the Planning and Development Act 2024 is being commenced on a phased basis.

Notice of Development Plan Suspensions

When a local authority adopts a plan or a variation, it must notify the OPR. The OPR then assesses the plan or variation to check if any parts are materially inconsistent with planning policy or legislation.

The Minister can also ask the OPR to assess a development plan at any time. The OPR may also choose to assess a development plan at any time.

The Minister, a regional assembly or a local authority can notify the OPR about specific provisions in a development plan which it believes to be materially inconsistent with planning policy or legislation.

If the OPR forms a preliminary view, as part of an assessment, that the plan or any part of the plan should be suspended because it may be materially inconsistent with planning policy or legislation, it can:
- issue a notice to the local authority to suspend the plan or part of the plan until the OPR’s assessment is finalised; or
- continue its assessment before making a final decision.

The OPR may also consult with the local authority or any other persons it considers relevant to its assessment during this process.

Once the assessment is complete, the OPR issues a recommendation to the Minister.

It may recommend:
- issuing a draft direction to the local authority; or
- taking no further action.

If the OPR recommends a draft direction and the Minister decides that a draft direction should be issued, the OPR will:
- issue a draft direction to the local authority;
- publish it on its website; and
- invite submissions on the contents of the draft direction through public consultation.

All submissions are considered before the OPR decides to recommend to the Minister about whether a direction should or should not be issued to the local authority.

The Minister makes the final decision on whether to issue a direction to the local authority.

The OPR publishes notices of its preliminary assessments. These are available below.

Any draft directions issued by the OPR and draft and final directions issued by the Minister can be found here.

Disclaimer

The Planning and Development Act 2024 was signed into law on 17 October 2024. The Act is being commenced on a phased basis to facilitate a smooth transition from the existing legislation to the new legislation. It is important to note that transitional arrangements are in place. This means that certain elements of the work of the OPR remain under the previous legislation during this time.

This website will be updated at the earliest opportunity to correspond with the commencement of the various Parts of the Act.

Information on the commencement of the Act is available on the Department of Housing, Local Government and Heritage website.