Roads Act 1993
F78[Power of An Bord Pleanála to approve scheme or proposed road development that contravenes materially any plan
51AA.— An Bord Pleanála shall approve a scheme, or a proposed road development, that contravenes materially any development plan or any local area plan (within the meaning of the Act of 2000) only if it considers that one of the following is the case:
(a) the scheme or proposed road development is of strategic, regional or national importance;
(b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the scheme or proposed road development is concerned;
(c) the scheme or proposed road development should be approved having regard to the transport strategy made under section 12 of the Dublin Transport Authority Act 2008 , the regional spatial and economic strategy for the area, guidelines under section 28 of the Act of 2000, policy directives under section 29 of the Act of 2000, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister for Housing, Local Government and Heritage or any Minister of the Government;
(d) the scheme or proposed road development should be approved having regard to the pattern of development, and planning permissions granted, in the area since the making of the development plan.]
Annotations
Amendments:
F78
Inserted (17.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 45, S.I. No. 364 of 2023.
F79
Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 11, not commenced as of date of revision.
Modifications (not altering text):
C53
Prospective affecting provision: section, para. (c) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 11, not commenced as of date of revision.
51AA.— An Bord Pleanála shall approve a scheme, or a proposed road development, that contravenes materially any F79[development plan, urban area plan, priority area plan or coordinated area plan (within the meaning, in each case, of the Act of 2024), or any local area plan in force pursuant to section 81 of the Act of 2024,] only if it considers that one of the following is the case:
...
(c) the scheme or proposed road development should be approved having regard to the transport strategy made under section 12 of the Dublin Transport Authority Act 2008 , the regional spatial and economic strategy for the area, F79[guidelines under section 28 of the Act of 2000 that continue in force under section 27 of the Act of 2024, a national planning statement under the Act of 2024], the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister for Housing, Local Government and Heritage or any Minister of the Government;
...
Editorial Notes:
E95
The section heading is taken from the amending section in the absence of one included in the amendment.