Dublin Metropolitan Streets Commission Act, 1986
In short
This law establishes the Dublin Metropolitan Streets Commission to improve environmental conditions, civic amenities, and civic design in a specific central area of Dublin. The Commission is temporary and will be dissolved within three years, with its functions transferring to Dublin Corporation or the Dublin Transport Authority.
What it regulates
- The establishment and dissolution of the Dublin Metropolitan Streets Commission.
- The definition and potential alteration of the "Metropolitan Central Area" in Dublin.
- The preparation and approval of "improvement schemes" for this area.
- The transfer of certain road and traffic management functions from Dublin Corporation to the Commission.
Who it concerns
- The Dublin Metropolitan Streets Commission.
- Dublin Corporation.
- The Minister for the Environment.
- The Dublin Transport Authority (upon dissolution of the Commission).
- Anyone carrying out development in the Metropolitan Central Area.
Key points
- The Commission is established to improve environmental conditions, civic amenity, and civic design in the Metropolitan Central Area, focusing on pedestrian convenience and safety, street appearance, traffic, and parking.
- The Commission will consist of a chairman and not more than six ordinary members.
- The Commission will be dissolved not later than three years after its establishment.
- Upon dissolution, the Commission's functions will transfer to Dublin Corporation, except for traffic management functions under section 8, which will transfer to the Dublin Transport Authority.
- Development in the Metropolitan Central Area must consider approved improvement schemes, and certain developments may require the Commission's consent.
Legal text
Dublin Metropolitan Streets Commission Act, 1986 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
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- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1986 Dublin Metropolitan Streets Commission Act, 1986 Dublin Metropolitan Streets Commission Act, 1986 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 30 of 1986 DUBLIN METROPOLITAN STREETS COMMISSION ACT, 1986 ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Metropolitan Central Area. 3. Establishment of Dublin Metropolitan Streets Commission. 4. Dissolution of Commission. 5. General duty of Commission. 6. Improvement schemes. 7. Transfer of roads functions to Commission. 8. Transfer of traffic management functions to Commission. 9. Control and prevention of litter, etc. 10. Functions of Commission generally. 11. Removal or alteration of structures, etc. 12. Financial provisions. 13. Repeal, adaptation, etc., of other enactments. 14. Orders. 15. Expenses. 16. Short title and commencement. FIRST SCHEDULE Description of Metropolitan Central Area SECOND SCHEDULE Provisions relating to an improvement scheme Acts Referred to Dublin Transport Authority Act, 1986 1986, No. 15 Harbours Act, 1946 1946, No. 9 Health Act, 1970 1970, No. 1 Litter Act, 1982 1982, No. 11 Local Government Acts, 1925 to 1985 Local Government (Planning and Development) Act, 1963 1963, No. 28 Local Government (Roads and Motorways) Act, 1974 1974, No. 6 Local Government Services (Corporate Bodies) Act, 1971 1971, No. 6 Public Health Acts Amendment Act, 1907 1907, c. 53 Public Health (Ireland) Act, 1878 1878, c. 52 Road Traffic Acts, 1961 to 1984 Road Traffic Act, 1961 1961, No. 24 Vocational Education Act, 1930 1930, No. 29 Number 30 of 1986 DUBLIN METROPOLITAN STREETS COMMISSION ACT, 1986 AN ACT TO ESTABLISH A BODY TO BE KNOWN AS THE DUBLIN METROPOLITAN STREETS COMMISSION, TO DEFINE ITS FUNCTIONS AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [27th November, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definitions. 1.— In this Act— “the Act of 1963” means the Local Government (Planning and Development) Act, 1963 ; “the Commission” means the Dublin Metropolitan Streets Commission established under section 3 of this Act; “Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin; “functions” includes powers and duties; “improvement scheme” has the meaning assigned to it by section 6 of this Act; “the Minister” means the Minister for the Environment; “statutory body” means— (
- a)a Minister of the Government, (
- b)the Commissioners of Public Works in Ireland, (
- c)a local authority, (
- d)a harbour authority within the meaning of the Harbours Act, 1946 . (
- e)a health board established under the Health Act, 1970 , (
- f)a vocational education committee within the meaning of the Vocational Education Act, 1930 , (
- g)a board or other body established by or under statute, (
- h)a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or (
- i)a company in which all the shares are held by a board, company, or other body referred to in paragraph (
- g)or (
- h)of this definition. Metropolitan Central Area. 2.—
- a)the transfer of the property, rights and liabilities of the Commission to Dublin Corporation, (
- b)the substitution for the name of the Commission of the name of Dublin Corporation or the Dublin Transport Authority where appropriate in any legal proceedings which are pending at the date of the said dissolution order and to which the Commission is a party, and for ensuring that any such proceedings shall not abate by reason of such substitution.
- a)The functions vested in the Commission (other than those specified in paragraph (
- b)of this subsection) shall, on the dissolution of the Commission, become and be exercisable by Dublin Corporation subject to such modifications as the Minister shall specify in the dissolution order. (
- b)The functions vested in the Commission under section 8 of this Act shall, on the dissolution of the Commission, be transferred to the Dublin Transport Authority.
- 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.
- 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.
- a)a traffic sign standing provided under section 95 of the Act of 1961 in the Metropolitan Central Area before the commencement of this provision shall be deemed to have been provided pursuant to a request, or with the consent, of the Commission, and (
- b)any request made or consent given under section 95 of the Act of 1961 in relation to the Metropolitan Central Area and which is in force on the commencement of this provision shall continue in force and may be amended or revoked by the Commission. Control and prevention of litter, etc. 9.—
- a)a local authority under the Litter Act, 1982 , (
- b)a sanitary authority under section 52 of the Public Health (Ireland) Act, 1878 , and (
- c)a local authority under section 48 of the Public Health Acts Amendment Act, 1907 .
- a)For the purpose of enabling the Commission to perform its functions, the Commission may make arrangements for the supply to it by the Minister or any other statutory body of any service required by the Commission and the Minister or other statutory body may supply, and the Commission may avail itself of, services for which arrangements are made under this subsection. (
- b)In this subsection “service” includes the use of premises or equipment and the use of services of employees.
- a)the removal or alteration of any structure or any structure of a particular class and, in the case of a removal, the replacement of the structure by a structure appearing to the Commission to be suitable, (
- b)the discontinuance of any use of land or the imposition of conditions on the continuance of any use of land, and (
- c)the removal, alteration, repair or tidying of an advertisement structure or advertisement.
- be)uses the land for that purpose in contravention of those conditions or causes or permits the land to be so used, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000. (
- b)An offence under this section may be prosecuted by the Commission.
- b)A claim under this subsection shall be made within— (
- i)six months after the removal, alteration or replacement of the structure or advertisement structure or the discontinuance of the use or compliance with the conditions, or (
- ii)such longer period as the Circuit Court may allow if it appears to that Court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period. (
- c)Compensation under this subsection shall not be payable as a result of the removal, alteration or replacement of an unauthorised structure, the discontinuance of an unauthorised use or the compliance with conditions on the continuance of any such use.
- a)The Minister may, from time to time, with the consent of the Minister for Finance, give to the Commission a general directive in writing specifying the manner in which the Commission shall conduct its financial affairs and requiring the application of funds of the Commission in such manner as may be specified in the directive. (
- b)The Commission shall, in performing its functions, comply with any directive given to it under this section. (
- c)Nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance, in a particular case or in particular circumstances, by the Commission of a function assigned to it by or under this Act. Repeal, adaptation, etc., of other enactments. 13.—
- a)having regard to any provision of this Act, that it is appropriate to do so, or (
- b)to be necessary or expedient for the purpose of enabling any enactment (other than this Act) or any order, regulation, rule, bye-law or other instrument, to have effect in conformity with this Act, or (
- c)to be necessary or expedient for the purposes of remedying any inconsistency between any such enactment or instrument and this Act, or (
- d)that any such enactment or instrument is rendered unnecessary by any provision of this Act, the Minister may, in relation to any such enactment or instrument, by order provide for— (
- i)its application, with any modification or adaptation specified in the order, to the Commission, or (
- ii)its non-application to the Commission, or (iii) its amendment, repeal, revocation or termination.
- In this Schedule— “structure” means any building, erection, structure, excavation, or other thing constructed, erected, or made on, in, or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in or under which the structure is situate; “thoroughfare” includes arcade, bridge, court, green, lane, place, quay, row, street, walk and yard.
- A reference in this Schedule to the junction of a thoroughfare with another thoroughfare shall be construed as a reference to the point at which a line drawn along the centre of the one would be intersected or joined by a line drawn along the centre of the other.
- The Metropolitan Central Area shall be those thoroughfares or parts of thoroughfares specified in the Table to this paragraph together with the structures and other land fronting on to those thoroughfares or parts of thoroughfares. TABLE Cavendish Row; Parnell Street, from its junction with Parnell Square West to its junction with Parnell Place; O'Connell Street Upper; O'Connell Street Lower; Cathal Brugha Street; Findlater Place; Cathedral Street; Earl Street North; Prince's Street North, from its junction with O'Connell Street Lower to its junction with the arcade at the rere of the General Post Office; Sackville Place; Abbey Street Middle, from its junction with O'Connell Street Lower to its junction with Williams Lane; Abbey Street Lower, from its junction with O'Connell Street Lower to its junction with Marlborough Street; Bachelors Walk, from its junction with O'Connell Street Lower to its junction with Litton Lane; Eden Quay, from its junction with O'Connell Street Lower to its junction with Marlborough Street; O'Connell Bridge; Aston Quay, from its junction with Westmoreland Street to its junction with Aston Place; Burgh Quay, from its junction with D'Olier Street to its junction with Hawkins Street; Westmoreland Street; D'Olier Street; Fleet Street from its junction with Aston Place to its junction with D'Olier Street; College Street; College Green; Foster Place South; Church Lane; Suffolk Street; Grafton Street; Nassau Street, from its junction with Grafton Street to its junction with Dawson Street; Wicklow Street, from its junction with Grafton Street to its junction with Clarendon Street; The arcade between number 13 and number 14 Grafton Street; Duke Street; Duke Lane; Duke Lane Upper; Lemon Street; Anne Street South; Anne's Lane; Johnson Court; Harry Street; Swan Yard; Balfe Street; Chatham Lane; Chatham Street, from its junction with Grafton Street to its junction with Clarendon Street; and Tangier Lane. SECOND SCHEDULE Provisions relating to an improvement scheme Section 6 .
- An improvement scheme shall consist of a written statement and visual display indicating the manner in which the Commission considers that the Metropolitan Central Area should be improved and renewed and, in particular, may indicate— (a) the buildings and facades in need of improvement, redecoration, renovation or renewal, (b) the advertisements, shop signs, hoardings and kiosks that should be replaced, redesigned, redecorated or renewed, (c) the roadways, footpaths and other walkways and traffic islands in need of resurfacing, repaving and renewal, (d) the street furniture in need of improvement, replacement or redecoration, (e) the trees, shrubs and other flora in need of protection or replacement, (f) the focal areas which need upgrading or development.
- An improvement scheme may contain in relation to the Metropolitan Central Area— (a) an overall design concept, (b) traffic management measures, (c) overall proposals for its general redecoration, (d) proposals for improving its lighting, (e) proposals in relation to trees, shrubs and other flora, (f) proposals for the control of litter, and (g) proposals for revitalising or upgrading any street.
- In preparing an improvement scheme the Commission shall— (a) comply with any general directive that may be given to it under section 10 of this Act. (b) consult with Dublin Corporation and with the Dublin Transport Authority, (c) have regard to the development plan made by Dublin Corporation under the Act of 1963, (d) make arrangements for the making of submissions by interested persons in relation to the scheme and the consideration by the Commission of any such submissions. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais