Roads Act 1993

F57 [ Consultations with An Bord Plean á la before making of application under section 51

51A

51A. (1) Where a road authority or the Authority, as the case may be, proposes to make an application for approval to An Bord Plean á la pursuant to section 51(2) in relation to a proposed road development, it may, before making the application, make a request to An Bord Plean á la to enter into consultations in relation to the proposed road development.

(2) An Bord Plean á la shall

( a ) accede to a request under subsection (1) as soon as possible, and

( b ) ensure that consultations held are completed as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the holding of those consultations.

(3) In any consultations, An Bord Plean á la may give advice to the road authority concerned or the Authority regarding the proposed application for approval under section 51(2) and, in particular, regarding

( a ) the procedures involved in making such an application and in considering such an application, and

( b ) what considerations, relating to

(i) the effects of the proposed road development on the environment, or an area, site or land, referred to in section 50(1)(d) , or

(ii) proper planning and sustainable development,

that may, in the opinion of An Bord Plean á la, have a bearing on its decision in relation to the application.

(4) A road authority or the Authority, as the case may be, shall, for the purposes of consultations, supply to An Bord Plean á la sufficient information in relation to the proposed road development so as to enable An Bord Plean á la to assess that development.

(5) An Bord Plean á la may consult with any person who may, in the opinion of An Bord Plean á la, have information which is relevant for the purposes of consultations in relation to the proposed road development.

(6) The holding of the consultations shall not prejudice the performance by An Bord Plean á la of any other of its functions under this Act or regulations under this Act and shall not be relied upon in an application for approval under section 51(2) or in legal proceedings.

(7) An Bord Plean á la shall keep a record in writing of any consultations, including the names of those who participated in the consultations, and a copy of any such record shall be placed and kept with the documents to which any application for approval under section 51(2) in respect of the proposed road development relates.

(8) An Bord Plean á la shall provide a copy of any record kept in accordance with subsection (7) to the road authority concerned or the Authority.

(9) Following the completion of any consultations between An Bord Plean á la and the road authority concerned or the Authority, as the case may be, the road authority or the Authority may apply to An Bord Plean á la for the approval referred to in section 51(2) in relation to a proposed road development.

(10) In this section, consultations means the consultations referred to in subsection (1) . ]