Dublin Docklands Development Authority Act, 1997

Planning schemes.

25.—(1) (a) The Authority may prepare a scheme (to be known and in this Act referred to as a “planning scheme”) for the Custom House Docks Area, or any part thereof, and any other area specified for that purpose by order of the Minister.

(b) The Authority may at any time prepare a planning scheme amending a planning scheme under this section, including a planning scheme continued in force by virtue of section 9 (1), in respect of—

(i) the entire area to which the planning scheme applies, or any part thereof, or

(ii) the full requirements as to content specified in subsection (2), or any part thereof.

(c) A planning scheme under this section shall not include any development which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), or under any provision amending or replacing the said Article 24, other than industrial-estate development projects, urban development projects and sea water marinas as specified in classes 10(a), 10(b) and 10(j) of Part II of the First Schedule to those regulations or such development as specified in any provision amending or replacing those classes.

(2) A planning scheme under this section shall consist of a written statement and a plan indicating the manner in which the Authority considers that the area to which the planning scheme applies should be redeveloped and in particular—

(a) the nature and extent of the proposed development,

(b) the proposed distribution and location of uses,

(c) proposals in relation to the overall design of the proposed development, including the maximum heights and the external finishes of structures,

(d) proposals relating to transportation, including the roads layout, the provision of parking places and traffic management, and

(e) proposals relating to the development of amenities and the conservation of the architectural heritage or other features.

(3) In preparing a planning scheme under this section the Authority shall—

(a) comply with any general directive that may be given to it under section 45 ,

(b) have regard to the master plan under section 24 ,

(c) consult with Dublin Corporation and with such statutory bodies as appear to the Authority to have an interest in the area to which the planning scheme relates,

(d) have regard to the development plan made by Dublin Corporation,

(e) make arrangements for the making of submissions by interested persons in relation to the planning scheme and the consideration by the Authority of any such submissions.

(4) A planning scheme under this section shall be submitted by the Authority to the Minister for approval and a copy thereof shall be sent to Dublin Corporation at the same time.

(5) Where a planning scheme under this section is submitted to the Minister by the Authority, the Minister shall consult with the Minister for Finance and shall consider any objections that may within one month of the sending of the copy to Dublin Corporation be made to the planning scheme by the said Corporation and may modify the planning scheme in such manner and to such extent as the Minister thinks proper and may approve the planning scheme or the planning scheme as so modified.

(6) Notice of approval by the Minister of a planning scheme under this section shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.

(7) (a) Subject to paragraph (b), each of the following shall be exempted development for the purposes of the Act of 1963—

(i) in an area in respect of which a planning scheme has been prepared and approved under this section, the carrying out by the Authority of any development in the area which is consistent with that planning scheme;

(ii) in an area in respect of which a planning scheme has been prepared and approved under this section, the carrying out of any development in the area by a person other than the Authority which is certified by the Authority to be consistent with that planning scheme; provided that a certificate under this paragraph may contain such conditions in relation to the carrying out of the development as the Authority considers appropriate.

(b) Where a planning scheme prepared and approved under this section is amended under subsection (1)(b), any certificate previously issued under paragraph (a)(ii) in respect of the area which is the subject of the amending planning scheme during the period between the date on which the initial planning scheme was approved and the date on which the amending planning scheme was approved shall, as and from the date on which the amending planning scheme is approved, cease to be valid unless the development to which the certificate relates has been substantially commenced.