Dublin Transport Authority Act 2008

12.

Transport strategy.

12.— (1) ( a) The Authority shall make a strategic transport plan (“transport strategy”) in accordance with this section.

( b) The Authority’s first transport strategy shall incorporate the work done on a new transport strategy by the DTO (until such time as it is dissolved under section 102 ).

( c) Should the DTO complete its new transport strategy before it is dissolved under section 102 , that strategy shall be considered to be the Authority’s first transport strategy for the purposes of this section.

(2) The Authority shall endeavour to ensure that the first transport strategy shall be published not later than one year following the review of the regional planning guidelines for the GDA in accordance with section 26 of the Act of 2000.

(3) The objective of the transport strategy shall be to provide a long-term strategic planning framework for the integrated development of transport infrastructure and services in the GDA.

(4) A transport strategy shall consider the future development of the transport system in the GDA for a period of not less than 12 years and not more than 20 years.

(5) When preparing a transport strategy the Authority shall have regard to—

( a) the F14 [ National Planning Framework ],

F15 [ (b) the regional spatial and economic strategy (within the meaning of the Act of 2000) in force for the GDA, including any regional planning guidelines to which section 21(4) of that Act relates, ]

( c) the development plans in force in the GDA, the Dublin Docklands Development Authority’s master plan and the Grangegorman Development Agency’s strategic plan,

( d) Transport 21 or any subsequent capital investment framework for transport published by the Minister or Government,

( e) the Department of Transport’s sectoral plan under the Disability Act 2005 or any subsequent sectoral plan under that Act,

( f) demographic, economic, social, travel and transport trends in the GDA,

( g) existing, planned and projected land use developments,

( h) trends and requirements of persons travelling from outside the GDA into the GDA, and vice versa, and the demand for such travel,

( i) any proposals received from public transport authorities and operators, and

( j) such other matters as may be prescribed by the Minister or as the Authority considers appropriate.

F15 [ (6) The Authority shall ensure that the transport strategy is consistent with relevant regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA prepared in accordance with Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates. ]

(7) A transport strategy shall be prepared in such form and manner as may be directed by the Minister.

(8) The Authority shall—

( a) in the course of preparing a transport strategy, and

( b) after publishing a preliminary draft of the strategy,

consult with and consider the views of F16 [ the Minister for Housing, Planning and Local Government, the Office of the Planning Regulator ], the regional authorities within the GDA, the NRA, the Dublin Docklands Development Authority, the Grangegorman Development Agency, local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite and consider written public submissions.

(9) The Authority shall, after completing the consultation required under subsection (8), submit a draft of its transport strategy to the Minister for his or her approval.

(10) When submitting a draft of its transport strategy to the Minister under subsection (9), F16 [ the Authority shall send a copy of that draft to the regional authorities within the GDA and to the Office of the Planning Regulator and those regional authorities and that Office shall ], within 4 weeks of their receipt of the draft, issue a notice to the Authority, the Minister and the Minister for the Environment, Heritage and Local Government stating whether, in their view, the draft strategy is—

F15 [ (a) consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates, or

(b) not consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates and where not so consistent what amendments to the draft transport strategy they consider necessary to achieve such consistency. ]

(11) ( a) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the Joint Oireachtas Committee.

( b) Whenever so requested, the chairperson and the chief executive shall appear before the Joint Oireachtas Committee to discuss the draft strategy.

( c) The Joint Oireachtas Committee may, within 4 weeks of its receipt of the draft transport strategy, submit a report to the Minister containing recommendations on it.

( d) In this section “Joint Oireachtas Committee” means a Joint Committee of the Houses of the Oireachtas to which the Oireachtas has assigned the role of examining matters relating to transport.

(12) Where a notice received by the Minister from the regional authorities within the GDA under subsection (10) F17 [ or from the Office of the Planning Regulator under that subsection, ] contains a statement of the type referred to in subsection (10)(b) the Minister may, after consulting with the Minister for the Environment, Heritage and Local Government, take any of the actions specified in subsection (13) and where he or she does not accept, or does not fully accept, the advice of the regional authorities given under subsection (10), F17 [ or of the Office of the Planning Regulator so given, ] he or she F16 [ shall inform in writing the regional authorities or that Office, as appropriate, ] of the reasons for such decision.

(13) Following the expiry of the period of 4 weeks referred to in subsection (10), the Minister may, having considered any notice or report received under subsections (10) or (11), in relation to a draft transport strategy submitted to him or her—

( a) approve the draft,

( b) approve it with modifications,

( c) instruct that it be resubmitted to him or her in a modified form for approval, or

( d) refuse to approve it.

(14) The Minister shall, as soon as practicable after he or she has approved (with or without modifications) a transport strategy under subsection (13), cause a copy of it to be laid before each House of the Oireachtas.

(15) As soon as practicable after the Minister has notified the Authority that he or she has approved a transport strategy, the Authority shall publish it and take all reasonably practical steps to implement it.

(16) Where the Authority has made a transport strategy, it shall not later than 6 years after the making of the strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy and make a new strategy.

(17) Where the Authority makes a new transport strategy, it must do so in accordance with this section and the new strategy supersedes any previous strategy.

Annotations:

Amendments:

F14

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 18(2) and sch. 3 ref. 14, S.I. No. 436 of 2018.

F15

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(8) and sch. 2 pt. 6, S.I. No. 214 of 2014.

F16

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 60(a), (b), (c)(iii), commenced on enactment.

F17

Inserted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 60(c)(i), (ii), commenced on enactment.