No. 30/1986:

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

Number 30 of 1986

No. 30/1986: 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:

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.

2.—(1) The part of the County Borough of Dublin described in the First Schedule to this Act shall be known (and is referred to in this Act) as the Metropolitan Central Area.

(2) The Minister may by order alter the boundary of the Metropolitan Central Area so as to include therein immediately adjoining land or to exclude therefrom land forming part thereof and, where the Minister makes an order under this subsection, for so long as the order remains in force the First Schedule to this Act shall have effect subject to the terms of the order.

(3) Dublin Corporation shall in the discharge of its functions have regard to the special importance in the national interest of the Metropolitan Central Area and to the need in that interest to ensure therein a high environmental standard and a high standard of civic amenity and civic design.

(4) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next seven days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

3.—(1) There shall be established, on such day as may be appointed for the purpose by the Minister by order, a body to be known as the Dublin Metropolitan Streets Commission (in this Act referred to as "the Commission") to perform, in relation to the Metropolitan Central Area, the functions assigned to it by or under this Act.

(2) The Commission shall consist of a chairman and not more than six ordinary members.

(3) Subject to this Act, the Local Government Services (Corporate Bodies) Act, 1971 , shall apply to an order under this section as if it were an establishment order under that Act and to the Commission as if the Commission were established under such an order.

4.—(1) Not later than three years after the establishment of the Commission the Minister shall by order (in this section, other than subsection (5), referred to as a "dissolution order") provide for the dissolution of the Commission.

(2) A dissolution order shall contain such provisions as the Minister considers necessary or expedient consequent on the dissolution effected by the dissolution order and, in particular, may make provision for—

( 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.

( 3 ) ( 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,

(4) Any decision made by the Commission and in force at the dissolution of the Commission shall, to such extent as may be specified in the dissolution order, continue to have effect until amended or revoked by Dublin Corporation or the Dublin Transport Authority where appropriate.

(5) An order providing for the dissolution of the Commission shall not be made under the Local Government Services (Corporate Bodies) Act, 1971 .

5.—It shall be the general duty of the Commission to secure in the Metropolitan Central Area by every practicable means an improvement in environmental conditions, in the level of civic amenity and in the standard of civic design, with special reference to the convenience and safety of pedestrians, the general appearance of streets and buildings (including standards of design, maintenance and cleanliness), the regulation of traffic and parking and the provision of further civic amenities.

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.

7.—(1) The functions of Dublin Corporation in relation to the construction, maintenance and improvement of a public road and any other functions incidental thereto under the Local Government Acts, 1925 to 1985, the Road Traffic Acts, 1961 to 1984, and under any other enactment shall stand transferred to the Commission in so far as they apply to the Metropolitan Central Area.

(2) In this section "public road" has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974 .

8.—(1) In this section—

"the Act of 1961" means the Road Traffic Act, 1961 ;

"the Act of 1986" means the Dublin Transport Authority Act, 1986 ;

"the Authority" means the Dublin Transport Authority.

(2) Notwithstanding anything in the Act of 1986, the powers conferred on the Commissioner of the Garda Síochána by sections 84, 85, 89, 90 or 95 of the Act of 1961, in so far as they relate to the Metropolitan Central Area, are hereby transferred to the Commission.

(3) The powers conferred on the Authority by section 40 of the Act of 1986, in so far as they relate to the Metropolitan Central Area, are hereby transferred to the Commission.

(4) In the exercise of functions transferred to it by this section, the Commission shall consult with the Authority and have regard to its views.

(5) The provisions of sections 50 and 51 of the Act of 1986 shall apply to the exercise by the Commission of functions transferred to it by this section and references to the Authority in the said sections 50 and 51 shall be deemed to he references to the Commission and the references in the said sections to the Commissioner of the Garda Síochána shall be deemed to be references to the said Commissioner and the Authority.

(6) Notwithstanding subsections (2) and (3) of this section, bye-laws or temporary rules made under sections 84, 89 or 90 of the Act of 1961 or under section 40 of the Act of 1986 and applying to the Metropolitan Central Area which are in force on the commencement of this provision shall continue in force and, in so far as they apply to that Area, may be amended or revoked by the Commission.

(7) Notwithstanding subsection (2) of this section, a direction under section 85 of the Act of 1961 applying to the Metropolitan Central Area which is in force on the commencement of this provision shall continue in force and, in so far as it applies to that area, may be revoked by the Commission.

(8) Any reference to an officer of the Garda Síochána in sections 85 and 95 of the Act of 1961 shall, in the application of those sections to the Metropolitan Central Area, be construed as a reference to a person appointed by the Commission.

(9) Notwithstanding subsection (2) of this section—

( 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.

9.—(1) The Commission shall have, in the Metropolitan Central Area, the functions of—

( 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.

(2) Any bye-law made by Dublin Corporation under any of the enactments specified in subsection (1) of this section and in force immediately before the commencement of this provision shall continue in force and have effect and be enforceable by the Commission in the Metropolitan Central Area as if such bye-law had been made by the Commission.

10.—(1) In addition to the functions assigned to it by sections 6 to 9 of this Act the Commission shall carry out works of amenity development and environmental improvement in order to encourage people to work, shop or otherwise to use the facilities provided in the Metropolitan Central Area.

(2) Notwithstanding sections 6 to 9 of this Act, the Minister may by order terminate the transfer of any of the functions to the Commission made under any such section.

(3) In the performance of its functions the Commission shall have regard to the importance of the Metropolitan Central Area in both the local and national contexts.

(4) Without prejudice to the generality of subsection (1) of this section or to any provision of this Act, the Commission may carry on any activity which appears to it to be requisite, advantageous or incidental to, or which appears to it to facilitate, the performance by it of any of its functions under this Act.

(5) In addition to the functions assigned to it by subsection (1) of this section the Commission shall have such other functions related to securing the improvement of the Metropolitan Central Area as for the time being stand assigned to it by the Minister by order.

(6) The Commission may do all such things as arise out of or are consequential on or are necessary or expedient for the purposes of the functions assigned to it by or under this Act, or for purposes incidental to those purposes.

( 7 ) ( 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.

(8) The Minister may from time to time give to the Commission a general directive in writing as to policy regarding the performance of any of the functions assigned to it by or under this Act, and the Commission shall in performing its functions have regard to any such directive.

(9) 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.

11.—(1) Without prejudice to the provisions of the Second Schedule to this Act, an improvement scheme under section 6 of this Act may, in the interests of the amenity and general improvement of the Metropolitan Central Area, provide for:—

( 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.

(2) Where in an improvement scheme approved under section 6 of this Act it is provided that any structure or any structure of a particular class should be removed or altered, the Commission may serve a notice on the owner and on the occupier of the structure and on any person who in its opinion will be affected by the notice requiring within a specified period the carrying out of such removal or alteration and, in the case of a removal, any replacement appearing to the Commission to be suitable.

(3) Where in an improvement scheme approved under section 6 of this Act it is provided, as respects any use of land, that the use should be discontinued, or that any conditions should be imposed on the continuance thereof, the Commission may serve a notice on the owner and on the occupier of the land and on any person who in its opinion will be affected by the notice requiring within a specified period discontinuance of that use or imposing those conditions.

(4) Where in an improvement scheme approved under section 6 of this Act it is provided that an advertisement structure or advertisement, or any advertisement structure or advertisement of a particular class, should be removed, altered, repaired or tidied, the Commission may serve on the person having control of the advertisement structure or advertisement a notice requiring that person to remove, alter, repair or tidy the advertisement structure or advertisement within a specified period.

(5) If within the period specified in a notice under subsection (2) or (4) of this section or within such extended period as the Commission may allow, the removal, alteration, replacement, tidying or repair required by the notice has not been carried out, the Commission may enter on the structure or on the land on which the structure is situate or the advertisement is exhibited and may effect such removal, alteration, replacement, tidying or repair and may, where the structure or advertisement structure concerned is an unauthorised structure, recover as a simple contract debt in any court of competent jurisdiction from the person on whom the notice was served any expenses reasonably incurred by it in that behalf.

( 6 ) ( a ) Where, by virtue of a notice under subsection (3) of this section the use of land for any purpose is required to be discontinued, or any conditions are imposed on the continuance thereof, then, if any person uses the land for that purpose or (as the case may 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.

( 7 ) ( a ) If, on a claim made to the Commission it is shown that, as a result of the removal, alteration or replacement of any structure or advertisement structure consequent upon a notice under subsection (2) or (4) of this section, or as a result of the discontinuance, or the compliance with conditions on the continuance, of any use of land consequent upon a notice under subsection (3) of this section, any person has suffered damage by the depreciation of any interest in the structure, advertisement structure or land to which he is entitled or by being disturbed in his enjoyment of the structure, advertisement structure or land, such person shall, subject to the provisions of this subsection, be entitled to be paid by the Commission by way of compensation the amount of such damage.

( 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.

(8) Sections 68 and 69 of the Act of 1963 shall apply in relation to a claim for compensation under subsection (7) of this section as if such claim arose under that Act and for the purpose of such application the Commission shall be deemed to be the planning authority.

(9) Section 7 of the Act of 1963 shall apply to a notice served under this section.

(10) Section 83 of the Act of 1963 shall apply to entry on any structure or land under this section and, for the purpose of such application, the Commission shall be deemed to be the planning authority.

(11) In this section "advertisement", "advertisement structure", "land", "structure", "unauthorised structure", "unauthorised use" and "use" have the meanings assigned to them by the Act of 1963.

12.—(1) Subject to subsection (2) of this section, the Minister may, in each financial year, after consultation with the Commission in relation to its programme of expenditure for the year, make grants of such amounts as may be sanctioned by the Minister for Finance out of moneys provided by the Oireachtas towards the expenditure of the Commission.

(2) The total amount of grants paid to the Commission under this section shall not exceed £10,000,000.

(3) Dublin Corporation shall, in lieu of expenses that would otherwise have been incurred by them in the Metropolitan Central Area, contribute annually to the Commission such sums of money as shall be agreed with the Commission or, in the event of disagreement, as shall be determined by the Minister.

( 4 ) ( 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.

13.—(1) Where it appears to the Minister—

( 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.

(2) Where the Minister proposes to make an order under this section, a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

(3) In this section "enactment" includes a local Act.

14.—The Minister may from time to time by order amend an order under this Act (including any order made under this section) and, in case the order to be so amended was made by the Minister with the consent of, or after consultation with, a Minister of the Government, the Minister shall, before making the order under this section, in addition, either (as may be appropriate) obtain the consent of or consult with that Minister of the Government.

15.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

16.—(1) This Act may be cited as the Dublin Metropolitan Streets Commission Act, 1986 .

(2) This Act shall come into operation on such day or days as may be appointed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be fixed for different purposes and different provisions of this Act.

Section 2

FIRST SCHEDULE

DESCRIPTION OF METROPOLITAN CENTRAL AREA

1. 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.

2. 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.

3. 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.

Section 6

SECOND SCHEDULE

PROVISIONS RELATING TO AN IMPROVEMENT SCHEME

1. 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.

2. 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.

3. 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.