Road Traffic and Roads Act 2023
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Power of An Bord Pleanála to approve scheme or proposed road development that contravenes materially any plan | ||
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45. The Act of 1993 is amended by the insertion of the following section after section 51A: | ||
“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.”. |