Roads Act 1993
Approval of scheme by Minister.
49.— F39 [ (1) A road authority or the Authority shall submit any scheme made by it under section 47 to An Bord Plean á la for its approval. ]
(2) Before approving a scheme submitted to him the Minister shall—
( a) cause a public local inquiry into all matters relating to the scheme to be held,
( b) consider any objections to the scheme which have been made to him and not withdrawn,
( c) consider the report and any recommendation of the person conducting such inquiry.
(3) The Minister may, by order, approve a scheme with or without modifications or he may refuse to approve such a scheme and shall publish in one or more newspapers circulating in the area where the proposed motorway, busway F40 [ , protected road or service area ] is to be located notice of his decision, including, where appropriate, particulars of any modifications to the scheme.
(4) The Minister may, in any case where he considers it reasonable to do so, direct the road authority to provide for any person who, by reason of the implementation of a motorway, busway F40 [ , protected road or service area ] scheme—
( a) is permanently deprived of reasonable access to or from his property or to or from one part of his property to another — a suitable alternative means of access,
( b) is, during construction, temporarily deprived of reasonable access to or from his property or to or from one part of his property to another —a temporary means of access during the course of such construction, and the road authority shall comply with any such direction.
(5) Where a scheme made by a road authority under section 47 specifies a planning permission which it is proposed to revoke or modify and where the Minister—
( a) refuses to approve the scheme, or
( b) approves the scheme with modifications and the effect of such modifications is that the specified planning permission will not be revoked or modified or will be modified in a form other than that specified in the scheme as made by the road authority, the duration of such planning permission shall, notwithstanding F41 [ section 40 of the Act of 2000 ], be extended by a period specified in the order of the Minister under subsection (3), the duration of which shall be equivalent to the period beginning on the date on which the scheme was made by the road authority and ending on the date on which the decision referred to in paragraph (a) or (b) was made by the Minister.
F42 [ (6) Where the Authority has submitted a scheme for approval under subsection (1) references to road authority in the other provisions of this section in respect of the scheme are to read as references to the Authority. ]
Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(c)(i), commenced on enactment.
Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(c)(ii), commenced on enactment.
Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.
Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(c)(iii), commenced on enactment.
Modifications (not altering text):
Application of section extended by Planning and Development Act 2000 (30/2000), s. 217B(4) and (5), as inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 38, S.I. No. 684 of 2006.
Transferred functions under this Part: supplemental provisions
(4) The Board may—
(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Roads Act 1993 or made an application for approval under section 51 of that Act to furnish to the Board such further information in relation to—
(i) the effects on the environment of the proposed scheme or road development, or
(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development, as the Board may specify, or
(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered, or, where necessary, a revised environmental impact statement in respect of it.
(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Roads Act 1993.
Application of section extended (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 227(2), S.I. No. 599 of 2001, subject to restriction in s. 227(11).
Acquisition of land etc. on foreshore.
(2) The functions of a road authority under sections 49, 50 and 51 of the Roads Act, 1993, shall extend to the foreshore adjoining the functional area of the road authority concerned.
(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933, or for a licence under section 3 of that Act made before the coming into operation of this section.
Application of section extended (1.07.1998) by Roads (Amendment) Act 1998 (23/1998), s. 8, commenced on enactment.
Motorway schemes made under Local Government (Roads and Motorways) Act, 1974.
8.—Where a motorway scheme has been made pursuant to section 4 of the Local Government (Roads and Motorways) Act, 1974 , and no order was made pursuant to section 2(2) of that Act in respect of the proposed public road the subject of such scheme, the Minister for the Environment and Local Government may, where the scheme was approved pursuant to either section 4 of that Act or section 49 of the Principal Act, by order declare such proposed public road to be a motorway and such order shall have the same effect as an order to which section 5(1)(b) of the Principal Act applies.