Dublin Metropolitan Streets Commission Act, 1986

Improvement schemes.

6.— (1) The Commission shall as soon as may be prepare one or more than one scheme (in this Act referred to as an “improvement scheme”) for the Metropolitan Central Area or (as may be specified in the improvement scheme) for a part of that Area.

(2) The provisions of the Second Schedule to this Act shall apply in relation to an improvement scheme.

(3) An improvement scheme shall be submitted by the Commission to the Minister for approval and a copy thereof shall be sent to Dublin Corporation at the same time.

(4) Where an improvement scheme is submitted to him by the Commission the Minister shall consider any objections made to the scheme by Dublin Corporation within one month of its submission to him and may modify the scheme in such manner and to such extent as he thinks proper and may approve the scheme or the scheme as so modified.

(5) Each of the following shall be exempted development for the purposes of the Act of 1963—

(a) the carrying out by the Commission of any development in the Metropolitan Central Area which is in accordance with an improvement scheme approved under this section;

(b) the carrying out of any development in that Area by a person other than the Commission which is certified by the Commission to be in accordance with an improvement scheme approved under this section.

(6) (a) In the determination of an application for permission under Part IV of the Act of 1963 relating to development in the Metropolitan Central Area, regard shall be had to the provisions of an improvement scheme approved under this section, and a decision to grant such a permission shall not be made, except with the consent of the Commission, if the proposed development would materially contravene the provisions of such a scheme.

(b) The Minister may make regulations providing that the consent of the Commission shall be obtained before a decision is made to grant permission under Part IV of the Act of 1963 in relation to development in the Metropolitan Central Area which is of a class or description specified in such regulations.

(7) An improvement scheme may provide that, notwithstanding any other enactment or regulations thereunder, the carrying out of any development (other than development for which permission under the Act of 1963 is required) of a class specified in the scheme shall require the consent of the Commission.