Dublin Transport Authority Act 2008

95.

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.”.