Roads Act 1993

Scheme for a motorway, busway or protected road.

47

F32 [ 47. (1) A road authority or the Authority may make

( a ) a motorway scheme,

( b ) a service area scheme,

( c ) a busway scheme,

( d ) a protected road scheme, or

( e ) a protected road scheme amending a protected road scheme approved under section 49,

referred to in this Part as a scheme . ]

(2) ( a) A scheme under this section shall be in the prescribed form and shall (where appropriate) specify—

(i) the proposed motorway, busway F33 [ , protected road or service area ] to which the scheme relates,

(ii) any land F34 [ or any substratum of land ] which is proposed to be compulsorily acquired for the purposes of the proposed motorway, busway F33 [ , protected road or service area ],

(iii) any rights proposed to be compulsorily acquired in relation to land for the purposes of the proposed motorway, busway F33 [ , protected road or service area ],

(iv) any public and private rights of way proposed to be extinguished over the land referred to in subparagraphs (ii) and (iii),

(v) any land in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed motorway, busway F33 [ , protected road or service area ],

(vi) any land used for a specified purpose in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed protected road,

(vii) any planning permissions for the development of land proposed to be revoked or modified and the extent of any such modification,

(viii) such other matters as may be prescribed from time to time by the Minister.

( b) The matters referred to in paragraph (a) shall (where appropriate) be described by reference to a map or maps.

( c) The land F34 [ or substratum of land ] referred to in paragraph (a) (ii) and the rights in relation to land referred to in paragraph (a) (iii) shall include all land F34 [ substrata of land ] and rights in relation to land necessary for or incidental to the construction or maintenance of a motorway, a busway or a protected road and all land F34 [ , substrata of land ] or rights in relation to land required for access roads, ramps, toll facilities, service areas F35 [ (provided under a motorway or protected road scheme) ] and maintenance depots.

(3) Where it is proposed to prohibit or restrict the use of a protected road or a particular part thereof by—

( a) specified types of traffic, or

( b) specified classes of vehicles, the protected road scheme shall specify the proposed prohibitions or restrictions.

(4) ( a) Where in accordance with subsection (2) a scheme made by a road authority F35 [ or the Authority ] specifies a planning permission which is proposed to be revoked, that planning permission shall stand suspended from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be revoked.

( b) Where in accordance with subsection (2) a scheme made by a road authority F35 [ or the Authority ] specifies a planning permission which is proposed to be modified, that planning permission shall stand modified to such extent as is specified in the scheme from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be modified to such extent as is specified in the scheme as approved.

( c) A planning authority shall enter in F36 [ the register kept by it under section 7 of the Act of 2000 ] particulars of—

(i) the planning permissions proposed to be revoked or modified under a scheme made under this section and the extent of such modification,

(ii) the decision of the Minister under section 49 (3) insofar as it affects the planning permissions referred to in subparagraph (i).

(d) For the purposes of this section “planning permission” means a planning permission (which has not ceased to have effect in accordance with the provisions of the Act of 1982).

Annotations:

Amendments:

F32

Substitued (11.07.2007) by Roads Act 200734/2007, s. 9(1)(a)(i), commenced on enactment.

F33

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(a)(i) and (ii), commenced on enactment.

F34

Inserted (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 4, commenced on enactment.

F35

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(a)(iii) and (iv), commenced on enactment.

F36

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.

Editorial Notes:

E49

Power pursuant to section exercised (17.09.2019) by Roads (Schemes) (Forms) (Amendment) Regulations 2019 (S.I. No. 485 of 2019).

E50

Power pursuant to section exercised (28.02.2008) by Roads (Schemes) (forms) Regulations 2008 (S.I. No. 49 of 2008).

E51

Form for the purposes of subs. (2) prescribed (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 3 and sch.

E52

Power pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).

E53

Previous affecting provision: power pursuant to section exercised (1.01.2001) by Roads Regulations 2000 (S.I. No. 453 of 2000); revoked (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 9.