Roads Act 1993

Declaration of public roads.

11

11. (1) ( a) A road authority may, by order, declare any road over which a public right of way exists to be a public road, and every such road shall be deemed to be a public road and responsibility for its maintenance shall lie on the road authority.

( b) Where a road authority proposes to declare a road to be a public road it shall—

(i) satisfy itself that the road is of general public utility,

(ii) consider the financial implications for the authority of the proposed declaration,

(iii) publish in one or more newspapers circulating in the area where the road which it is proposed to declare to be a public road is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection),

(iv) consider any objections or representations made to it under paragraph (iii) and not withdrawn.

(2) The consideration of objections or representations and the making of an order under subsection (1) shall be reserved functions.

(3) The Minister may prescribe criteria for the declaration of roads to be public roads and a road authority shall comply with any such prescribed criteria when exercising its functions under this section.

(4) Every national road, regional road, motorway, busway and protected road shall be a public road and it shall not be necessary for a road authority to make an order under subsection (1) in relation to any such road.

(5) A certificate of a road authority that a road is a public road shall be prima facie evidence thereof.

(6) Every road which, immediately before the repeal of an enactment by this Act, was a public road shall be a public road.

(7) Any road constructed or otherwise provided by a road authority after the commencement of this section shall, unless otherwise decided by such road authority, be a public road and it shall not be necessary for the authority to make an order under subsection (1) in relation to any such road.

Annotations:

Modifications (not altering text):

C13

Application of section extended by Planning and Development Act 2000 (30/2000), s. 180(2A), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 59(c), S.I. No. 477 of 2010.

Taking in charge of estates.

180.— ...

(2A) ( a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either—

(i) enforcement proceedings have been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or

(ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,

the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.

( b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)( g) for the satisfactory completion of the development in question.

...

C14

Application of section extended (21.01.2002) by Planning and Development Act 2000 (30/2000), s. 180(2)(a), S.I. No. 599 of 2001, as amended (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 59, S.I. No. 477 of 2010

Taking in charge of estates.

180.— ...

(2) ( a) Notwithstanding subsection (1), where the development [referred to in subsection (1) ] has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42 , as the case may be, the authority shall, [where requested by the majority of owners of the houses involved ], comply with section 11 of the Roads Act, 1993, except that subsection (1)( b)(ii) of that section shall be disregarded.

( b) In complying with paragraph (a), the authority may apply any security given under section 34(4)(g) for the satisfactory completion of the development in question.

...

C15

References to “road authority” construed (21.01.2002) by Planning and Development Act 2000 (30/2000), s. 180(5), S.I. No. 599 of 2001.

Taking in charge of estates.

180.— ...

(5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993, to a road authority shall be deemed to include references to a planning authority.

...

Editorial Notes:

E41

Particulars for notice required in subs. 1(b)(iii) set out (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994), reg. 5.