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15 2008

Dublin Transport Authority Act 2008

PART 5

Land Use Provisions

Chapter 1

Amendments of Act of 2000

Amendment of section 2 of Act of 2000 — definitions.

81 .— Section 2(1) of the Act of 2000 is amended by inserting after the definition of—

(a) “ development plan ” the following:

“ ‘DTA’ means Dublin Transport Authority;”,

(b) “Gaeltacht” the following:

“ ‘ Greater Dublin Area’ (‘GDA’) has the meaning assigned to it by section 3 of the Dublin Transport Authority Act 2008;”,

(c) “ register” the following:

“ ‘regional authorities within the GDA’ means the Dublin Regional Authority and the Mid-East Regional Authority;”, and

(d) “Transboundary Convention” the following:

“ ‘transport strategy’ has the meaning assigned to it by section 12 of the Dublin Transport Authority Act 2008;”.

Amendment of section 9 of Act of 2000 (obligation to make development plans).

82 .— Section 9 of the Act of 2000 is amended by inserting after subsection (6) the following:

“(6A) Each planning authority within the GDA shall ensure that its development plan is consistent with the transport strategy of the DTA.”.

Amendment of section 11 of Act of 2000 (preparation of draft development plan).

83 .— Section 11 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31B and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the draft development plan.”.

Amendment of section 12 of Act of 2000 (making of development plan).

84 .— Section 12 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31C and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the development plan.”.

Amendment of section 13 of Act of 2000 (variation of development plan).

85 .— Section 13 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(bb) In the case of each planning authority within the GDA, a report under paragraph (a) shall summarise the issues raised and the recommendations made by the DTA in its written submission prepared in accordance with section 31D and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed variation.”.

Amendment of section 19 of Act of 2000 (application and content of local area plans).

86 .— Section 19 of the Act of 2000 is amended by inserting after subsection (2) the following:

“(2A) Each planning authority within the GDA shall ensure that its local area plans are consistent with the transport strategy of the DTA.”.

Amendment of section 20 of Act of 2000 (consultation and adoption of local area plans).

87 .— Section 20 (as amended by section 9 of the Act of 2002) of the Act of 2000 is amended by inserting after subsection (3)(c) the following:

“(cc) In the case of each planning authority within the GDA, a report under subparagraph (c)(i) shall summarise the issues raised and the recommendations made by the DTA in a report prepared in accordance with section 31E and outline the recommendations of the manager in relation to the manner in which those issues and recommendations should be addressed in the proposed local area plan.”.

Amendment of section 21 of Act of 2000 (power to make regional planning guidelines).

88 .— Section 21 of the Act of 2000 is amended by substituting subsections (1) and (2) with the following:

“(1) A regional authority—

(a) may—

(i) after consultation with the planning authorities within its region, or

(ii) in the case of the regional authorities within the GDA, after consultation with the planning authorities within their regions and the DTA,

or

(b) shall, at the direction of the Minister,

make regional planning guidelines.

(2) Regional planning guidelines may be made for a whole region or for one or more parts of a region, but shall, in the case of the GDA, be made jointly by the regional authorities within the GDA.”.

Amendment of section 23 of Act of 2000 (content and objectives of regional planning guidelines).

89 .— Section 23 of the Act of 2000 is amended by inserting after subsection (4)(b) the following:

“(c) When making regional planning guidelines the regional authorities within the GDA shall ensure that the guidelines are consistent with the transport strategy of the DTA.”.

Amendment of section 24 of Act of 2000 (consultation regarding regional planning guidelines).

90 .— Section 24 of the Act of 2000 is amended by inserting after subsection (5) the following:

“(5A) When the regional authorities within the GDA prepare the draft of the regional planning guidelines they shall include a statement in that draft on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

(a) a statement explaining how the regional authorities propose to address the matters identified in the report of the DTA prepared in accordance with section 31F, and

(b) where the regional authorities do not propose to address, or propose to only partially address, any matter identified in the report of the DTA prepared in accordance with section 31F, a statement of the reasons for that course of action.”.

Amendment of section 25 of Act of 2000 (procedure for making regional planning guidelines).

91 .— Section 25 of the Act of 2000 is amended by inserting after subsection (3) the following:

“(3A) When the regional authorities in the GDA make regional planning guidelines they shall include in the guidelines a statement on the actions being taken or proposed to ensure effective integration of transport and land use planning, including in particular—

(a) a statement explaining how the regional authorities propose to address the matters identified in the report of the DTA prepared in accordance with section 31G, and

(b) where the regional authorities do not propose to address, or propose only to partially address, any matter identified in the report of the DTA prepared in accordance with section 31G, a statement of the reasons for that course of action.”.

Amendment of section 31 of Act of 2000 (ministerial directions regarding development plans).

92 .— Section 31 of the Act of 2000 is amended by—

(a) inserting after subsection (1) the following:

“(1A) (a) Where a submission received by the Minister prepared in accordance with section 31C(1) or section 31D(1) contains a statement of the type referred to, respectively, in section 31C(1)(b) or section 31D(1)(b) the Minister may, for stated reasons, direct a planning authority to take such specified measures, as he or she may require, to review or vary the draft development plan or proposed variation to ensure consistency between the draft development plan or proposed variation and the transport strategy of the DTA and the authority shall comply with any such direction.

(b) Where the Minister decides not to issue a direction under this subsection, he or she shall inform the DTA in writing of the reasons for such decision.

(c) Nothing in this subsection shall preclude the Minister from issuing a direction in circumstances other than those referred to in paragraph (a).”,

and

(b) substituting for subsection (4) the following:

“(4) In exercising any power conferred on them by the Act, neither the manager nor the elected members of any planning authority shall exercise the power in conflict with any direction which the Minister may give under subsections (1), (1A) or (2).”.

Insertion of new section 31A into Act of 2000 (ministerial directions regarding regional planning guidelines).

93 .— The Act of 2000 is amended by inserting after section 31 the following:

“31A.— (1) Where the Minister considers that any draft regional planning guidelines fail to set out an overall strategy for the proper planning and sustainable development of the area of a regional authority or otherwise significantly fail to comply with this Act, the Minister may, within 4 weeks of receipt of a notice under section 24(4), for stated reasons, direct the authority, or authorities, to take such specified measures as he or she may require to ensure that the regional planning guidelines, when made, are in compliance with this Act and, notwithstanding the requirements of Chapter III, the authority shall comply with any such direction.

(2) (a) Where a submission received by the Minister prepared in accordance with section 31G(1) contains a statement of the type referred to in section 31G(1)(b), the Minister may, for stated reasons, direct the authorities to take such specified measures, as he or she may require, to review the draft regional planning guidelines to ensure consistency between the draft regional planning guidelines and the transport strategy of the DTA and the authorities shall comply with any such direction.

(b) Where the Minister decides not to issue a direction under this subsection, he or she shall inform the DTA in writing of the reasons for such decision.

(c) Nothing in this subsection shall preclude the Minister from issuing a direction in circumstances other than those referred to in paragraph (a).

(3) Where the Minister considers that any regional planning guidelines fail to set out an overall strategy for the proper planning and sustainable development of the area of the authority or otherwise significantly fail to comply with this Act, the Minister may, within 4 weeks of the making of guidelines under section 24(6), for stated reasons, direct the regional authority, or authorities, to take such specified measures, as he or she may require to review the regional planning guidelines to ensure compliance with this Act and the authority shall comply with any such direction.

(4) Where the Minister directs a regional authority to take specified measures under subsection (3), he or she may specify any of those provisions of Chapter III which are to apply in respect of such specified measures and any other provisions of that Chapter shall be disregarded.

(5) In exercising any power conferred on it by this Act, a regional authority shall not exercise the power in conflict with any direction which the Minister may give under subsections (1) to (3).

(6) The Minister shall cause a copy of any direction issued under this section to be laid before each House of the Oireachtas.

(7) A regional authority shall make available for inspection by members of the public any direction issued to it under this section.”.

Amendment of Fourth Schedule to Act of 2000 (reasons for the refusal of permission which exclude compensation).

94 .— The Fourth Schedule (as amended by section 247 of the Local Government Act 2001 ) to the Act of 2000 is amended by inserting after paragraph 20A the following:

“20B. The proposed development would not be consistent with the transport strategy of the DTA.”.

Insertion of new Part (DTA and land use provisions) into Act of 2000.

95 .— The Act of 2000 is amended by inserting after Part II the following:

“PART IIA

DTA and Land Use Provisions.

DTA role in preparation of draft development plan.

31B.— (1) Where a notice is received by the DTA under section 11(2) it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in the review of its existing development plan and the preparation of a new development plan.

(2) The report under subsection (1) shall address, but shall not be limited to—

(a) the transport investment priorities for the period of the development plan,

(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,

(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

(d) recommendations on the matters to be addressed in the development plan to ensure the effective integration of transport and land use planning.

DTA role in making of development plan.

31C.— (1) Where a notice is received by the DTA under section 12(1) it shall, as part of any written submission on the draft development plan, state whether, in its view, the draft development plan is—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the draft plan it considers necessary to achieve such consistency.

(2) The DTA shall send copies of a submission prepared under this section to the Minister and the Minister for Transport.

DTA role in variation of development plan.

31D.— (1) Where a notice is received by the DTA under section 13(2) it shall, as part of any written submission on the proposed variation, state whether, in its view, the proposed variation is—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the proposed variation it considers necessary to achieve such consistency.

(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.

DTA role in the making, amending or revoking of local area plans by planning authorities.

31E.— (1) Where a notice is received by the DTA under section 20(3)(a)(i), it shall prepare and submit to the relevant planning authority a report on the issues which, in its opinion, should be considered by the planning authority in making, amending or revoking a local area plan.

(2) The report under subsection (1) shall address, but shall not be limited to—

(a) the transport investment priorities for the period of the local area plan,

(b) the scope, if any, to maximise the performance of the transport system by effective land use planning,

(c) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

(d) recommendations on the matters to be addressed in the local area plan to ensure the effective integration of transport and land use planning.

Co-operation of DTA with regional authorities.

31F.— (1) Where the regional authorities within the GDA intend to make regional planning guidelines in accordance with section 24, or to review existing guidelines under section 26, they shall, as soon as may be, consult with the DTA in order to make the necessary arrangements for making the guidelines.

(2) The DTA shall assist and co-operate with the regional authorities in the GDA in making arrangements for the preparation of regional planning guidelines and in carrying out the preparation of the guidelines.

(3) (a) In carrying out its function under subsection (2), the DTA shall prepare and submit to the regional authorities, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional authorities in making regional planning guidelines.

(b) The report prepared under paragraph (a) shall address, but shall not be limited to—

(i) the transport investment priorities for the period of the regional planning guidelines,

(ii) the scope, if any, to maximise the performance of the transport system by effective land use planning,

(iii) recommendations regarding the optimal use, location, pattern and density of new development taking account of its transport strategy, and

(iv) recommendations on the matters to be addressed in the regional planning guidelines to ensure effective integration of transport and land use planning.

DTA role in preparation of draft regional planning guidelines.

31G.— (1) Where a notice is received by the DTA under section 24(4) it shall, as part of any written submission on the draft regional planning guidelines, state whether, in its view, the draft regional planning guidelines are—

(a) consistent with its transport strategy, or

(b) not consistent with its transport strategy and in such case what amendments to the draft guidelines it considers necessary to achieve such consistency.

(2) The DTA shall send copies of a submission prepared under this section to the Minister and Minister for Transport.

Request by DTA for Minister to issue guidelines or policy directives.

31H.— The DTA may, in relation to its functions, request the Minister to issue guidelines under section 28 or a policy directive under section 29 to a planning authority within the GDA.

Requirement for transport impact assessment for certain classes of development.

31I.— (1) The Minister may, in respect of the GDA and following consultation with the DTA, make regulations specifying—

(a) classes of development, including strategic infrastructure development, requiring the submission of a transport impact assessment in respect of applications for development, and

(b) the format and content of a transport impact assessment.

(2) Regulations under subsection (1) may require that a transport impact assessment demonstrate that the proposed development in respect of which the assessment has been prepared would be consistent with the transport strategy of the DTA.

(3) Before granting permission for a development which requires a transport impact assessment under regulations made under subsection (1), a planning authority shall satisfy itself that the applicant has demonstrated that the proposed development would be consistent with the transport strategy of the DTA.

(4) In this section ‘ transport impact assessment ’ means a report outlining what additional transport impacts a particular proposed development will generate and how it will integrate into existing transport patterns.

Transport strategy and planning process.

31J. In any case in the GDA where—

(a) a planning or local authority, a regional or State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or

(b) a planning authority or An Bord Pleanála is carrying out any relevant function under any other Act,

the transport strategy of the DTA shall be a consideration material to the proper planning and sustainable development of the area or areas in question.”.