Reference No.
(1)
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Provision
(2)
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Amendment
(3)
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1
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Section 2(1)
Definition of DTA
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Substitute:
“ ‘DTA’ means the body formerly known as the Dublin Transport Authority whose name was changed with effect from 1 December 2009 to the National Transport Authority pursuant to
section 30
of the
Public Transport Regulation Act 2009
;”.
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2
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Definition of “functional area”
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Substitute:
“ ‘functional area’ means, in relation to a planning authority, its administrative area for the purposes of the Local Government Acts 1925 to 2014;”.
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3
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Definition of “local authority”
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Substitute:
“ ‘local authority’ means a local authority for the purposes of the
Local Government Act 2001
(as amended by the Local Government Reform Act 2014);”.
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4
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Definition of “manager”
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Substitute:
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“ ‘manager’, in relation to a local authority, means the chief executive as provided for by Chapter 2 of Part 14 (as amended by the Local Government Reform Act 2014) of the
Local Government Act 2001
;”.
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5
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After meaning of “new establishment”
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Insert:
“ ‘NTA’ means the National Transport Authority, being the name to which the name of the Dublin Transport Authority was changed with effect from 1 December 2009 pursuant to section 30 of the
Public Transport Regulation Act 2009
;”.
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6
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Definition of “planning authority”
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Substitute:
“ ‘planning authority’ means a local authority;”.
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7
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Definition of “regional authority”
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Substitute:
“ ‘regional assembly’ means a body established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the
Local Government Act 1991
;”.
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8
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Definition of “regional authorities within the GDA”
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Substitute:
“ ‘regional assemblies in respect of the GDA’ means regional assemblies established in accordance with section 43 (as amended by the Local Government Reform Act 2014) of the
Local Government Act 1991
, in respect of a region or regions which includes all or part of the Greater Dublin Area for the purposes of
section 3
of the
Dublin Transport Authority Act 2008
;”.
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9
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Definition of “regional planning guidelines”
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Substitute:
“ ‘regional spatial and economic strategy’ means regional spatial and economic strategy made under Chapter III of Part II;”.
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10
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Definition of “reserved function”
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Substitute:
“ ‘reserved function’, in relation to a local authority, shall be construed in accordance with section 131 (as amended by the Local Government Reform Act 2014) of the
Local Government Act 2001
;”.
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11
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Section 4
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Subsection (1)
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Substitute for paragraphs (b) to (d):
“(aa) development by a local authority in its functional area;”.
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12
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Subsection (1)
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Substitute for paragraphs (e) to (f):
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“(e) development consisting of the carrying out by a local authority of any works required for the construction of a new road or the maintenance or improvement of a road;
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(f) development carried out on behalf of, or jointly or in partnership with, a local authority, pursuant to a contract entered into by the local authority concerned, whether in its capacity as a planning authority or in any other capacity;”.
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13
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Section 9(3)
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Substitute:
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“(3) (a) A planning authority may, with the agreement of one or more local authorities which are adjoining local authorities, or on the direction of the Minister shall, make a single development plan for its functional area and any environs of that area which form part of any adjoining local authorities.”.
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14
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Section 10
Subsection (1A)
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Substitute “the regional spatial and economic strategy” for “regional planning guidelines”.
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15
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Subsection (1B)
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Substitute “the making of a regional spatial and economic strategy under Chapter III which affects the area of the development plan” for “the making of regional planning guidelines under Chapter III which affect the area of the development plan”.
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16
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Subsection (1C)
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Substitute “a regional spatial and economic strategy under Chapter III which affects the area of the development plan is made,” for “regional planning guidelines under Chapter III which affect the area of the development plan are made,”.
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17
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Subsection (2A)
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Substitute in paragraph (a) “the regional spatial and economic strategy” for “regional planning guidelines”.
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18
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Subsection (2A)
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Substitute for paragraph (g):
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“(g) in respect of the development plan of a city, provide details of—
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(i) the city centre concerned,
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(ii) the areas designated for significant development during the period of the development plan, particularly areas for which it is intended to prepare a local area plan,
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(iii) the availability of public transport within the catchment of residential or commercial development, and
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(iv) retail centres in that city,
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(h) in respect of the area of the development plan of a city and county council set out a settlement hierarchy and provide details of matters referred to in paragraph (f) and (g).”.
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19
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Subsection (2C)
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Substitute in paragraph (b) (i) “regional spatial and
economic strategy” for “regional planning guidelines”.
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20
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Section 11
Subsection (2)
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Substitute “any relevant regional assembly and any local community development committee within the functional area of the local authority” for “any relevant regional authority and any town commissioners and city and county development boards within the functional area of the authority”.
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21
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Subsection (4)
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Substitute in paragraph (bc) “regional assembly” for “regional authority”.
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22
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Section 12
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Subsection (1)
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Substitute for paragraph (a):
“(a) send notice and a copy of the draft development plan to the Minister, the Board, the relevant regional assembly, the prescribed authorities and any local community development committee in the area, and”.
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23
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Subsection (4)
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Substitute in paragraph (bc) “regional assembly” for “regional authority”.
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24
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Subsection (5)
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Substitute in paragraph (aa) “regional assembly” for “regional authority” in both places where it occurs.
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25
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Subsection (12)
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Substitute in paragraph (c) “and any local community development committee” for “any town commissioners and city and county development boards”.
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26
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Section 13
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Subsection (2)
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Substitute for paragraph (a):
“(a) send notice and copies of the proposed variation of the development plan to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly, and, where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan,”.
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27
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Subsection (4)
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Substitute in paragraph (bc) “regional assembly” for “regional authority”.
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28
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Subsection (5)
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Substitute in paragraph (aa) “regional assembly” for “regional authority” in both places where it occurs.
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29
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Subsection (8)
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Substitute for paragraph (c):
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“(c) In addition to the requirements of paragraphs (a) and (b), a planning authority shall send a copy of the variation to the Minister, the Minister for Arts, Heritage and the Gaeltacht, the Board, the relevant regional assembly and, where appropriate, to the prescribed authorities, any adjoining planning authorities and any local community development committee within its area.”.
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30
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Section 19
Subsection (1)
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Substitute for paragraph (b):
“(b) A local area plan shall be made, except for an area where a development plan of a former town council continues to have effect, in respect of an area which—
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(i) is designated as a town in the most recent census of population, other than a town designated as a suburb or environs in that census,
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(ii) has a population in excess of 5,000, and
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(iii) is situated within the functional area of a planning authority which is a city and county council or a county council.”.
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3 1
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Subsection (2)
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Substitute “regional spatial and economic strategy” for “regional planning guidelines”.
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32
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Section 31
Subsection (5)
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Substitute “regional assembly” for “regional planning authority”.
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33
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Subsection (5)
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Substitute “is a regional spatial and economic strategy” for “are regional planning guidelines”.
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34
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Subsection (9)
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Substitute in paragraph (c) “regional assembly” for “regional authority”.
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35
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Subsection (13)
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Substitute in paragraph (c) “regional assembly” for “regional authority”.
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36
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Subsection (14)
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Substitute “regional assembly” for “regional authority”.
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37
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Section 31A
Subsection (1)
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Substitute in paragraph (a) “regional assembly” for “regional authority” and “or assemblies” for “or authorities” in both of the places where they occur.
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38
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Subsection (1)
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Substitute in paragraph (a) “regional spatial and economic strategy” for “regional planning guidelines”.
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39
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Subsection (1)
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Substitute for paragraph (b):
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“(b) the regional spatial and economic strategy fails to provide a long-term strategic planning and economic framework for the development of the region or regions, as the case may be, in respect of which it is made, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,”.
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40
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Subsection (1)
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Substitute in paragraph (c) “regional spatial and economic strategy is” for “regional planning guidelines are”.
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41
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Subsection (1)
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Substitute in paragraph (d) “regional assembly or assemblies” for “regional authority or authorities”.
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42
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Subsection (1)
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Substitute “direct a regional assembly or assemblies” for “direct a regional authority or authorities”.
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43
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Subsection (2)
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Substitute “regional assembly or regional assemblies” for “regional authority or regional authorities”.
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44
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Subsection (3)
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Substitute “regional assembly or regional assemblies” for “regional authority or regional authorities”.
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4 5
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Subsection (3)
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Substitute “strategy or strategies” for “guidelines”.
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46
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Subsection (4)
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Substitute “regional assembly or regional assemblies” for “regional authority or regional authorities”.
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4 7
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Subsection (4)
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Substitute for paragraph (b):
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“(b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional assembly, or assemblies, as the case may be, to take certain measures specified in the notice in order to ensure that the regional spatial and economic strategy is in compliance with the requirements of this Act and to provide a long-term strategic planning and economic framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development and the economic policies and objectives of the Government,”.
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48
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Subsection (4)
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Substitute in paragraph (c) “regional spatial and economic strategy” for “regional planning guidelines”.
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49
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Subsection (4)
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Substitute in paragraph (d) “regional assembly or assemblies” for “regional authority or authorities”.
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50
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Subsection (5)
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Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.
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51
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Subsection (6)
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Substitute in paragraph (a) “a regional spatial and economic strategy” for “regional planning guidelines”.
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52
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Subsection (6)
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Substitute in paragraph (a) “the strategy” for “the guidelines”.
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53
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Subsection (6)
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Substitute in paragraph (b) “the strategy proposed” for “guidelines proposed”.
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54
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Subsection (6)
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Substitute in paragraph (b) “the strategy which is” for “those guidelines which are”.
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55
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Subsection (7)
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Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,” in each place where it occurs.
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56
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Subsection (8)
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Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.
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57
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Subsection (9)
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Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,” in both places where it occurs.
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58
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Subsection (10)
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Substitute “regional assembly, or assemblies,” for
“regional authority, or authorities,”.
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59
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Subsection (13)
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Substitute in paragraph (b) “regional assembly, or assemblies,” for “regional authority, or authorities,”.
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60
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Subsection (14)
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Substitute “regional assembly, or assemblies,” for “regional authority, or authorities,”.
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6 1
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Subsection (17)
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Substitute:
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“(17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional spatial and economic strategy, or, if appropriate, to constitute the strategy.”.
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62
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Subsection (19)
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Substitute “regional assembly or assemblies” for “Regional authority or authorities”.
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63
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Section 31F
Subsection (1)
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Substitute:
“(1) Where the regional assemblies in respect of the GDA intend to make a regional spatial and economic strategy in accordance with section 24, or to review the existing strategy under section 26, they shall, as soon as may be, consult with the NTA in order to make the necessary arrangements for making the strategy.”.
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64
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Subsection (2)
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Substitute:
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“(2) The NTA shall assist and co-operate with the regional assemblies in respect of the GDA in making arrangements for the preparation of a regional spatial and economic strategy and in carrying out the preparation of the strategy.”.
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65
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Subsection (3)
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Substitute for paragraph (a):
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“ (a) In carrying out its function under subsection (2), the NTA shall prepare and submit to the regional assemblies, within 6 weeks of the commencement of consultation under subsection (1), a report on the issues which, in its opinion, should be considered by the regional assemblies in making a regional spatial and economic strategy.”.
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66
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Subsection (3)
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Substitute in paragraph (b) (i) “regional spatial and
economic strategy” for “regional planning guidelines”.
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67
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Subsection (3)
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Substitute in paragraph (b) (iv) “regional spatial and economic strategy” for “regional planning guidelines”.
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68
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Section 31G
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Substitute:
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Subsection (1)
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“(1) Where a notice is received by the NTA under section 24(4) it shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the draft regional spatial and economic strategy is—
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(a) consistent with its transport strategy, or
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(b) not consistent with its transport strategy and in such case what amendments to the draft regional spatial and economic strategy it considers necessary to achieve such consistency.”.
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69
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Section 31GG
Subsection (1)
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Substitute:
“(1) Where a notice is received by the NTA under section 24(4) from a regional assembly (other than the regional assemblies in respect of the GDA) the NTA shall, as part of any written submission on the draft regional spatial and economic strategy, state whether, in its view, the matters raised by it in its report under section 31FF are—
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(a) satisfactorily addressed in the draft regional spatial and economic strategy, or
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(b) not satisfactorily addressed in the draft regional spatial and economic strategy.”.
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70
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Subsection (2)
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Substitute:
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“(2) Where in the context of subsection (1) (b) the NTA makes a submission, it shall indicate what amendments to the draft regional spatial and economic strategy it considers should be made to ensure effective integration of transport and land use planning.”.
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71
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Section 31J
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Substitute for paragraph (a) :
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“ (a) a planning or local authority, a regional assembly, State authority or An Bord Pleanála is carrying out any relevant function under or transferred by Part II, X, XI or XIV, or”.
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72
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Section 34
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Subsection (6)
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Substitute in paragraph (a) for subparagraphs (iiia) and (iv):
“(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the chief executive shall prepare a report for the members of the planning authority—
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(I) stating the main reasons and considerations on which the proposal to grant permission is based,
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(II) summarising the issues raised in any submissions or observations in accordance with subparagraph (iii), and
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(III) advising the members of his or her opinion regarding the compliance or otherwise of the proposed development with any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,
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and the report shall be considered by the members before a resolution is passed under subparagraph (iv), and
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(iv) a resolution shall be passed by the planning authority approving the proposal of the chief executive to grant permission.”.
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73
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Subsection (6)
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Delete paragraphs (c) and (d).
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74
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Subsection (7)
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Delete.
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75
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Section 37
Subsection (2)
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Substitute in paragraph (b) (iii) “regional spatial and economic strategy” for “regional planning guidelines”.
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76
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Section 37A
Subsection (2)
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Substitute in paragraph (b) “regional spatial and economic strategy” for “regional planning guidelines”.
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77
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Section 42
Subsection (1)
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Substitute in paragraph (a) (ii) (II) “regional spatial and economic strategy” for “regional planning guidelines”.
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78
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Section 42A
Subsection (1)
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Substitute in paragraph (a) (ii) (II) “regional spatial and economic strategy” for “regional planning guidelines”.
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79
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Section 84
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Substitute:
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Subsection (6)
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“(6) In this section, and sections 85 and 86—
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‘city’ means—
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(a) the administrative area of a city council,
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(b) a municipal district that includes the area of a city to which subsection (6) of section 10 (inserted by the Local Government Reform Act 2014) of the
Local Government Act 2001
relates;
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‘municipal district’ has the meaning given to it by section 22A (inserted by the Local Government Reform Act 2014) of the
Local Government Act 2001
;
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‘town’ means a municipal district with a population in excess of 2,000 that is not a municipal district to which paragraph (b) of the definition of ‘city’ relates.”.
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80
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Section 143
Subsection (1)
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Substitute in paragraph (c) “regional spatial and economic strategy” for “regional planning guidelines”.
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81
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Section 177R
Subsection (1)
Definition of “land use plan”
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Substitute for paragraph (a) of definition:
“(a) regional spatial and economic strategy,”.
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82
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Section 166
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Substitute “regional assembly” for “regional authority”.
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83
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Section 177S
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Substitute for paragraph (a):
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Subsection (2)
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“(a) in relation to draft regional spatial and economic strategy, the regional assembly for whose area the strategy is made,”.
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84
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Section 177T
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Substitute for paragraph (a):
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Subsection (3)
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“(a) as respects a draft regional spatial and economic strategy, the regional assembly for whose area the draft strategy is made,”.
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85
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Section 229
Definition of “local authority”
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Delete.
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