Grangegorman Development Agency Act 2005

Strategic plan.

12

12.—(1) The Agency shall, as soon as may be after its establishment, prepare a plan (which is in this Act referred to as a “strategic plan”) for the strategic development of the Grangegorman site in consultation with the Dublin Institute of Technology, the Health Service Executive, the Minister and the Minister for Health and Children.

(2) The strategic plan shall consist of a written statement and a plan indicating the objectives for the development of the Grangegorman site, including—

( a) the provision for the needs of the Minister, the Minister for Health and Children, the Dublin Institute of Technology, the Health Service Executive and the Grangegorman neighbourhood,

( b) the provision of services (for example, roads, water, transport on site),

F3 [ ( c ) proposals, consistent with the transport strategy of the Dublin Transport Authority, relating to transport requirements, ]

( d) the management and refurbishment of property including listed buildings,

( e) the provision of recreational facilities,

( f) the provision of research and development facilities,

( g) the provision of facilities to exploit any research, consultancy or development work undertaken by the Agency in conjunction with the Dublin Institute of Technology or the Health Service Executive,

( h) subject to the Minister's approval in writing, the setting of a budget for the strategic plan and a strategy for its delivery within the set budget,

( i) the development of commercial activities,

( j) facilitating access to, and use of, facilities forming part of the Grangegorman site by residents in the Grangegorman neighbourhood,

( k) the development of the Grangegorman site in the context of land usage in the vicinity and in a manner that is sympathetic with its urban setting.

(3) In preparing a draft of the strategic plan, the Agency shall—

( a) have regard to the development plan made by Dublin City Council,

( b) consult with the Dublin City Council, Enterprise Ireland, IDA, F4 [ the Dublin Transport Authority ], Córas Iompair Éireann, the Railway Procurement Agency, other relevant bodies established by or under statute, the local community (including the Grangegorman neighbourhood) and other persons with a relevant interest in the matter, and

( c) make arrangements for the making of submissions by interested parties in relation to the draft and the consideration by the Agency of any such submissions.

(4) Before a strategic plan is adopted, the Agency shall—

( a) publish in one or more daily newspapers circulating in the area in which the Grangegorman site is located and on a website a notice—

(i) stating that a draft strategic plan has been prepared and that it will be considered by the Agency,

(ii) indicating the time at which, the period (which shall be not less than one month) during which and the place where a copy of the draft strategic plan may be inspected,

(iii) indicating where a copy of the draft strategic plan may be obtained and specifying the fee (if any) for such copy (which shall be not more than the reasonable cost of making such a copy),

(iv) stating that submissions or observations may be made in writing to the Agency in relation to the draft strategic plan before a specified date (which shall be not less than 2 weeks and not more that 8 weeks after the end of the period for inspection),

( b) consider any submission or observations made to it under this subsection and not withdrawn and make such amendments or modifications (if any) to the draft development plan as it considers appropriate, and

( c) publish on a website any submissions or observations made to it under this subsection and not withdrawn.

(5) Dublin City Council and An Bord Pleanála shall, in deciding any application or appeal under the Planning and Development Act 2000 in respect of development in the Grangegorman site area, consider anything relevant contained in the strategic plan.

Annotations

Amendments:

F3

Substituted (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 101(a), S.I. No. 458 of 2009.

F4

Substituted (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 101(b), S.I. No. 474 of 2009.

Modifications (not altering text):

C5

Functions transferred and references to "Railway Procurement Agency" construed (1.08.2015, dissolution day) by Roads Act 2015 (14/2015), s. 7, S.I. No. 298 of 2015.

Transfer of functions of dissolved body to Authority

7. (1) On the dissolution day, all functions that, immediately before the dissolution day, were vested in the dissolved body are transferred to the Authority.

(2) References—

(a) to the dissolved body, in any enactment (other than this Act or an enactment mentioned in the Schedule) or any instrument made under an enactment, in so far as they relate to a function transferred by subsection (1), or

(b) to a person that has been granted a railway order, in any enactment or in any instrument made under an enactment, in the case of a railway order granted to the dissolved body before the dissolution day,

shall be construed, on and after the dissolution day, as references to the Authority.

Editorial Notes:

E2

Strategic plan under section given effect (22.10.2010) by Planning and Development Act 2000 (Strategic Development Zone) Order 2010 (S.I. No. 678 of 2010).