Roads Act 1993
Approval of scheme by Minister.
49.—F58[(1) A road authority or the Authority shall submit any scheme made by it under section 47 to An Bord Pleanála 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(b) consider any objections to the scheme which have been made to him and not withdrawn,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 F59[, 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 F59[, 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 F60[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.
F61[(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.]
Annotations
Amendments:
F58
Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(c)(i), commenced on enactment.
F59
Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(c)(ii), commenced on enactment.
F60
Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 11 and sch., commenced on enactment.
F61
Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(c)(iii), commenced on enactment.
F62
Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 11, not commenced as of date of revision.
Modifications (not altering text):
C37
Prospective affecting provisions: functions transferred, references construed by Planning and Development Act 2024 (34/2024), ss. 410(a)(1), (b), (2), 416(3), 420, 423(1)(a)(ix), (b), (2), 429(3)(c), not commenced as of date of revision.
Continuance of vesting of certain functions
410. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—
(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of land by a local authority under the following enactments: ...
(ix) the Roads Acts 1993 and 1998;
...
(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,
shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.
...
Oral hearings in relation to compulsory acquisition of land
416. (1) Where, as a result of the section 410 functions, the Commission would otherwise be required to hold a local inquiry, public local inquiry or oral hearing, that requirement shall not apply to the Commission but the Commission may, at its absolute discretion, hold an oral hearing in relation to the matter, the subject of the function concerned.
...
(3) For the purposes of this Part, in so far as this Part relates to land, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: ...
(c) Part IV of the Act of 1993.
...
References to section 410 functions in regulations, etc.
420. (1) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 410 to the Minister of the Government concerned, and which relate to the section 410 functions, shall be deemed to be references to the Commission.
(2) A reference in any regulations, prescribed forms or other instruments made under the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 410 to local inquiries or public local inquiries, and which relate to the section 410 functions, shall be deemed to be references to oral hearings by the Commission.
...
Continuance of vesting of certain functions
423. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—
(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of a maritime site by a local authority under the following enactments: ...
(ix) the Roads Acts 1993 and 1998;
...
(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,
...
shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.
...
Oral hearings in relation to compulsory acquisition of maritime site
429. (1) Where, as a result of the section 423 functions, the Commission would otherwise be required to hold a local inquiry, public local inquiry or oral hearing, that requirement shall not apply to the Commission but the Commission may, at its absolute discretion, hold an oral hearing in relation to the matter, the subject of the function concerned.
...
(3) For the purposes of this Part, in so far as this Part relates to the maritime area, the references to local inquiries or public local inquiries in the following provisions shall be deemed to be references to oral hearings under this section: ...
(c) Part IV of the Act of 1993.
...
C38
Prospective affecting provision: subs. (5)(b) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 11, not commenced as of date of revision.
(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 F62[section 177 of the Act of 2024], 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.
C39
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
217B.—...
(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.
C40
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.
227.— ...
(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.
C41
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.