COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, March 12, 2019

MOTION NO. 8

MOTION: Councillor D. Looney

"That this Area Committee, learning the lessons of recent events, calls for the use of Part 8 procedures, with full public consultation and the democratic decision of elected Councillors, on all roads projects of a significant scale."

REPORT:

In implementing schemes to enhance bus priority and improve facilities for cyclists, some road authorities use the procedures set out in Section 38 of the Road Traffic Act, 1994 and some use Part 8 of the Planning and Development Regulations, 2001.

Section 38 of the Road Traffic Act, 1994 empowers road authorities, in the interests of the safety and convenience of road users and subject to certain requirements, to provide traffic calming measures on public roads.

Part 8 of S.I. No. 600/2001 - Planning and Development Regulations, 2001 prescribes the type of development to which Section 179 of the Planning and Development Act of 2000 applies, and the notice requirements.

The following development is prescribed under section (b) 

 “the construction of a new road or the widening or realignment of an existing road, where the length of the new road or of the widened or realigned portion of the existing road, as the case may be, would be—

(i) in the case of a road in an urban area, 100 metres or more, or

(ii) in the case of a road in any other area, 1 kilometre or more”

And under section (k) 

“any development where the estimated cost of which exceeds €126,000, not being development consisting of the laying underground of sewers, mains, pipes or other apparatus.”

Section 46(2) of the Public Transport Regulation Act 2009 amends Section 179(6) of the Planning and Development Act of 2000 to include additional works to which the section does not apply. These are “works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994 ) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994 ,”.

The National Transport Authority advises that;

"Where no road widening is involved, the procedure set out under Part 8 of the Planning and Development Regulations 2001 is not the appropriate mechanism for local authority development to enhance public bus services or improve facilities for cyclists. The amendment introduced by Section 46(2) of the Public Transport Regulation Act 2009 specifically excludes such development from the Part 8 process, subject to compliance with section 38 of the Road Traffic Act 1994".