Dublin Transport Authority Act 2008

92.

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).”.