Roads Act 1993

Prohibition and restriction of access to motorways, busways and protected roads.

46

46. (1) Notwithstanding anything contained in any other enactment, neither a planning authority nor An Bord Pleanála shall decide to grant, or grant, planning permission, nor shall a decision by a planning authority to grant any planning permission be regarded as having been given under F31 [ section 34(8) of the Act of 2000 ]

( a) for any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of a protected road scheme approved by the Minister under section 49 relating to direct access to or from a protected road,

( b) for any development of land proposed to be compulsorily acquired under a scheme made by a road authority under section 47 ,

( c) for any development of land where such development would affect materially the exercise by the road authority of the rights proposed to be compulsorily acquired in relation to land under a scheme made by a road authority under section 47 ,

( d) for any development of land which would contravene the provisions of a scheme made by a road authority under section 47 .

(2) ( a) Where the Minister, by order under section 49 , refuses to approve a scheme, subsection (1) shall cease to apply in relation to such scheme with effect from the date of the making of such order.

( b) Where the Minister, by order under section 49 , approves a scheme with modifications, subsection (1) shall, with effect from the date of the making of such order, apply only to such scheme as approved with modifications.

(3) Compensation under F31 [ section 190 of the Act of 2000 ] shall not be payable in respect of the refusal of permission for any development of land of a kind referred to in subsection (1) or in respect of the imposition, on the granting of permission to develop land, of any condition relating to—

( a) the prohibition of direct access to or from a motorway or a busway,

( b) the prohibition, closure, stopping up, removal, alteration, diversion or restriction of direct access to or from a protected road which is provided for in a protected road scheme approved by the Minister under section 49 .

(4) Save as is provided for in section 54 , no person shall undertake any development of land which would permit or involve direct access to or from a motorway or a busway or which would contravene the provisions of an approved protected road scheme relating to direct access to or from a protected road.

(5) ( a) Where a means of direct access from any land to a motorway or a busway or to any land from a motorway or a busway has been constructed, or otherwise provided, by any person in contravention of section 43 (2) or 44 (2) or subsection (4) of this section, the road authority may, without giving notice to the owner of the land or to any other person, take all steps necessary to close, stop up or remove the means of access and may recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up or removing that means of access.

( b) Where a means of direct access from any land to a protected road or to any land from a protected road contravenes a protected road scheme approved by the Minister under section 49 , the road authority may (as appropriate in accordance with the provisions of such scheme) take all steps necessary to close, stop up, remove, alter, divert or restrict the means of access and may, where the means of access was provided subsequent to the approval by the Minister of the protected road scheme, recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing, stopping up, removing, altering, diverting or restricting that means of access.

(6) ( a) Any person who constructs or provides or attempts to construct or provide a means of direct access to or from a motorway or a busway in contravention of section 43 (2) or section 44 (2) shall be guilty of an offence.

( b) Any person who contravenes subsection (4) shall be guiltyof an offence.

( c) Any person who constructs, provides or retains or attempts to construct, provide or retain a means of direct access which contravenes a protected road scheme approved by the Minister under section 49 shall be guilty of an offence.

(7) Any person (other than a road authority) who interferes with (otherwise than with the prior written consent of the road authority) or damages any fence or other boundary forming part of a motorway, a busway or a protected road shall be guilty of an offence.