Roads Act 1993

F37 [ Procedures to be followed by road authority when submitting scheme to Bord Plean á la.

48

48. Before submitting a scheme to An Bord Plean á la under section 49 a road authority or the Authority, as the case may be, shall

( a ) publish in one or more newspapers circulating in the area where the proposed motorway, service area, busway or protected road is to be located a notice in the prescribed form

(i) stating that a scheme has been made,

(ii) indicating the times at which, the period (not being less than 6 weeks) during which and the place where a copy of the scheme and the map referred to in it may be inspected, and

(iii) stating that objections may be made in writing to An Bord Plean á la in relation to the scheme during that period,

F38 [ (iv) stating that a person may question the validity of a decision of An Bord Plean á la by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) and

(v) identifying where practical information on the review mechanism can be found. ]

and

( b ) serve on every owner and occupier of any land referred to in a scheme and on every person who, in the opinion of the road authority or the Authority, as the case may be, is affected by the proposed revocation or modification of a planning permission specified in the scheme, a notice in the prescribed form stating

(i) the nature and extent of the scheme,

(ii) that the scheme will be submitted to An Bord Plean á la for approval, and

(iii) the period (which is that referred to in paragraph (a)(ii) ) within which objections may be made in writing to An Bord Plean á la in relation to the scheme. ]

Annotations:

Amendments:

F37

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(b), commenced on enactment.

F38

Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 12(1).

Editorial Notes:

E54

Power to determine fees under section provided by Planning and Development Act 2000 (30/2000), s. 144(1A)(j), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 44, S.I. No. 477 of 2010.

E55

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

E56

Form for the purposes of para. (a) prescribed (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 4 and sch. 2.

E57

Form for the purposes of para. (b) prescribed (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 5 and sch. 3.

E58

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

E59

Previous affecting provision: section amended (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51(2), S.I. No. 684 of 2006; substituted as per F-note above.

E60

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.