Roads Act 2007

9.

Schemes.

9.— (1) The Principal Act is amended—

( a) in section 47—

(i) by substituting for subsection (1) the following:

“(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”.”,

(ii) in subsection (2)( a)(i), (ii), (iii) and (v), by substituting “, protected road or service area” for “or protected road” in each place it occurs,

(iii) in subsection (2)( c), by inserting “(provided under a motorway or protected road scheme)” after “service areas”, and

(iv) in subsection (4)( a) and ( b), by inserting “or the Authority” after “road authority”,

( b) by substituting for section 48 the following:

“Procedures to be followed by road authority when submitting scheme to Bord Pleanála.

48.— Before submitting a scheme to An Bord Pleanála 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 Pleanála in relation to the scheme during that period,

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 Pleanála 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 Pleanála in relation to the scheme.”,

( c) in section 49—

(i) by substituting for subsection (1) the following:

“(1) A road authority or the Authority shall submit any scheme made by it under section 47 to An Bord Pleanála for its approval.”,

(ii) in subsections (3) and (4), by substituting “, protected road or service area” for “or protected road”, and

(iii) by inserting after subsection (5) the following:

“(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.”,

( d) in section 50—

(i) in subsection (1), by substituting for paragraph ( a) the following:

“( a) A road authority or the Authority shall prepare a statement of the likely effects on the environment (‘environmental impact statement’) of any proposed road development it proposes consisting of—

(i) the construction of a motorway,

(ii) the construction of a busway,

(iii) the construction of a service area, or

(iv) any prescribed type of proposed road development consisting of the construction of a proposed public road or the improvement of an existing public road.”,

and

(ii) the insertion after subsection (4) (inserted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999)) of the following:

“(5) Where the Authority proposes the construction of a proposed road development consisting of anything referred to in subsection (1) references to road authority in the other provisions of this section in respect of the development are to be read as references to the Authority.”,

and

( e) in section 51—

(i) by substituting for subsections (1) and (2) the following:

“(1) A proposed road development shall not be carried out unless An Bord Pleanála has approved it or approved it with modifications.

(2) The road authority concerned or the Authority, as the case may be, shall apply to An Bord Pleanála for the approval referred to in subsection (1) in relation to a proposed road development it proposes and shall submit to An Bord Pleanála the environmental impact statement prepared in respect of the development.”,

(ii) in F1 [ subsection (3)( a )(vii) ] (inserted by section 51 of the Planning and Development (Strategic Infrastructure) Act 2006) by substituting “An Bord Pleanála” for “the Minister”, and

(iii) by inserting after subsection (8) the following:

“(9) Where the Authority makes an application for approval under subsection (2) references to road authority in subsection (3) and its following provisions of this section in respect of the application are to be read as references to the Authority.”.

(2) Where An Bord Pleanála approves a scheme submitted by the Authority under section 49 references to road authority contained in section 52 of the Principal Act in respect of the scheme are to be read as references to the Authority.

Annotations:

Amendments:

F1

Substituted (27.11.2009) by Public Transport Regulation Act 2009 (37/2009), s. 42 and sch. 1 part 4 item 1, commenced on enactment.