S.I. No. 453/2000 - Roads Regulations, 2000

(1) These Regulations may be cited as the Roads Regulations, 2000.

(1) In these Regulations, “the Act” means the Roads Act, 1993 (No. 14 of 1993).

These Regulations shall come into operation on 1 January 2001.

(1) The prescribed forms for the purposes of sections 47, 48 and 51 of the Act are set out in the Schedule as follows:

Part 9 and Schedule D of the Roads Regulations, 1994 (S.I. 119 of 1994) are hereby revoked.

It is proposed to provide a motorway/busway/protected road ³ on the land described in Part I of the First Schedule and shown coloured blue on the map marked _______ ² annexed hereto and sealed with the seal of the road authority.

Subject to the provisions of the Roads Acts, 1993 and of section 10 of the Local Government (No. 2) Act, 1960 (as inserted by section 86 of the Housing Act, 1966 and amended by the Roads Act, 1993 and the Planning and Development Act, 2000 ) as applied thereby, the road authority proposes:

(1) The permissions under Part IV of the Local Government (Planning and Development) Act, 1963 or Part III of the Planning and Development Act, 2000 for the development of land (hereinafter referred to as “planning permissions”) proposed to be revoked or modified and the extent of any such modifications are described in the Seventh Schedule.

The service areas proposed to be provided in relation to the proposed motorway/protected road ³ are described in the Eighth Schedule. (4)

(1) The land or substratum of land described in the First, Second, Fourth, Fifth and Eighth Schedules and the rights of way described in the Third Schedule are individually numbered and shown on the map referred to in paragraph 1.

This scheme may be cited as the ______________² .

___________ ¹ has made the ________ ⁴⁰ under section 47 of the Roads Act, 1993 which it proposes to submit to An Bord Pleanála (“the Board”) for approval. If the scheme is approved by the Board, ___ ¹ will then be authorised to provide a motorway/busway/protected road

Approval of the scheme will authorise ____ ¹ to compulsorily acquire certain land or substratum of land and certain rights in relation to land, to extinguish certain public and private rights of way, to prohibit or restrict direct access to the motorway/busway/protected road ⁴³ from adjoining land and to prohibit or restrict the use of the protected road to or a particular part of the road by certain types of traffic and/or classes of vehicles ⁴⁴ . Approval of the scheme will also have the effect of revoking or modifying certain planning permissions, which have been suspended, or modified, by the scheme. ⁴⁵ .

The extract from the scheme and accompanying map appeared to this notice describe the land/rights in relation to land/rights of way/means of access ⁴⁶ in which you have an interest and which are affected by the scheme.

A copy of the scheme and of the map referred to in it may be inspected at _____ between the hours of ___ and ___ on working days between ___ 20 _ and ____ 20 ____ ⁴⁷ .

Written objections in relation to the scheme may be made to An Bord Pleanála, Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1 before ____ 20 _ ⁴⁸ .

An Bord Pleanála may approve the scheme with or without modifications or it may refuse to approve it. However, before making its decision the Board must arrange for the holding of an oral hearing into all matters relating to the scheme, consider any written objections to the scheme which have been made to it and not withdrawn and consider the report and any recommendations of the person holding the oral hearing. Public notice of the oral hearing will be given a later date.

Where the scheme is approved by the Board, with or without modifications, _____ ¹ will be authorised to compulsorily acquire the land, substratum of land or rights to land as specified in the scheme as approved. Any land or rights in relation to land being acquired will be subject to assessment with a view to compensating the owner/occupier of that land.

Where the closing, stopping up, removing, altering, diverting or restricting of an existing means of direct access results in the owner of any land being deprived of the only means of access from that land to any public road, or to that land from a public road, ____ ¹ cannot close, stop up etc. such access until an alternative means of access to or from a public road has been provided. Where a person is deprived of reasonable access (temporarily during construction or permanently) to or from his/her property or from one part of his/her property to another, the Board may direct that suitable alternative access be provided.

Whenever a scheme is approved by the Board, with or without modifications and direct access from any land to a public road, or to that land from a public road, is prohibited closed, stopped up, removed, altered, diverted or restricted, any person who has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of that land, will be entitled to obtain compensation from ___ ¹ in respect of that damage. However in assessing compensation regard will be had to any new means of access provided by __ ¹ and where appropriate to any existing means of access (whether restricted or otherwise) which remains.

If the scheme is approved by the Board, or approved with modifications, a claim for compensation in relation to any direct access affected by the scheme must be made to _______ ¹ not later than six months after the date of such approval.

It should be noted that for compensation purposes the land/part of the land ⁴⁹ in which you have an interest consists of a house/houses ⁵⁰ which, in the opinion of the road authority, is/are ⁵¹ unfit for human habitation and not capable of being rendered fit at reasonable expense ⁵² .

Further information may be obtained from ____________ ⁵³ .

The planning permissions affected by this notice are as follows:

______ ⁵⁹ has made the ____ ⁶⁰ Roads Act, 1993, which it proposes to submit to An Bord Pleanála (“the Board”) for approval. If the Scheme is approved by the Board, _ ¹ will then be authorised to provide a motorway/busway/protected road ⁶¹ _________

The Board may approve the scheme with or without modifications or it may refuse to approve it. However, before making its decision, it must arrange for the holding of an oral hearing into all matters relating to the scheme, consider any written objections to the scheme which have been made to it and not withdrawn and consider the report and any recommendations of the person holding the oral hearing. Public notice of the oral hearing will be given at a later date.

You are hereby notified under section 48 of the Roads Act 1993 , that—

Where the Board refuses to approve the scheme, or approves it with modifications the effect of which is that the above mentioned 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 ________, ¹ , the duration of the planning permission will be extended by a period equivalent to the period beginning on the date this scheme was made and ending on the date on which the Board makes its decision.

A claim for compensation may be made to _______ ¹ in relation to a planning permission which is revoked or modified under a scheme approved by the Board as if the revocation or modification has been made by notice under section 30 of the Local Government (Planning and Development) Act, 1963 / Section 44 of the Planning and Development Act, 2000 ⁶⁷ .

Any claim for compensation must be made not later than six months after the date on which the scheme to which it relates was approved by the Board, and must be made in the manner prescribed by regulations under the Planning and Development Act, 2000 . Further information in relation to compensation for planning permissions which have been revoked or modified under a scheme approved by the Board may be obtained from- ⁶⁸ .

A copy of the scheme and of the map referred to in it may be inspected at ______ between the hours of __ and ___ on working days between __ 20 _ and __ 20 _ ¹⁰ .

Written objections in relation to the scheme may be made to An Bord Pleanála, Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1 before _______ 20 __ ¹¹ .

Further information in relation to the scheme may be obtained from __________ ¹² .

________ ⁷⁵ has prepared an environmental impact statement under section 50 of the Roads Act, 1993 in respect of ________

A copy of the Environmental Impact Statement is enclosed.

Written submissions in relation to the likely effects on the environment of the proposed road development may be made to An Bord Pleanála, Floor 3, Blocks 6 & 7, Irish Life Centre, Lower Abbey Street, Dublin 1 before _____ 20 ___ ⁷⁷ .

A motorway/busway/protected road scheme ⁷⁸ will be required/has been made(6) in respect of the proposed road development and an oral hearing will be held in relation to that scheme. ⁷⁹

Before making its decision on the application for approval, the Board must consider the environmental impact statement, any written submissions made to it and not withdrawn and, where an oral hearing is held, the report and any recommendations of the inspector holding the oral hearing where evidence was given in relation to the likely effects on the environment of the proposal. Public notice of any oral hearing will be given at a later date.

Further information may be obtained from _____________ ⁸⁶ .

Insert the name of the road authority.

Insert the title of the scheme such as “Barrytown Motorway Scheme, 1994”.

Delete as appropriate.

Delete if not applicable.

Insert the title of the scheme.

The name and description of the persons in whose presence the seal is affixed should be inserted e.g. “Andrew Keane, Nominated Member”, “Margaret Burke, County Manager” etc.

Insert the title of the scheme such “Barrytown Motorway Scheme, 1993”. The name and logo of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under section 59 of the Local Government Act, 1955 or otherwise, the name and logo of that road authority should also appear above the title and an appropriate statement should be included in the notice.

Insert the name of the road authority.

Insert the title of the scheme.

Insert the name of the road authority.

Delete as appropriate.

Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works.

Insert a sketch map which should cover at least 10% of the surface area of the notice and include an outline illustration of the proposed motorway/busway/protected road. It should show the terminal points of the project and key intermediate points, should identify any significant centres of population (all census towns) and important physical or other features and should include existing roads and significant proposed ancillary works (such as new access road). An approximate scale should be shown.

Insert the name of the road authority.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

The minimum period for inspection is one month.

The minimum period for making objections is two weeks from the end of the inspection period.

Insert the name, address, telephone and fax numbers and e-mail address of the road authority and, where possible, the name, telephone extension and e-mail address of an appropriate official.

Delete as appropriate.

Insert the title, for example “Environmental Impact Assessment of Proposed Barrytown Motorway”. The name and logo of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under section 59 of the Local Government Act, 1955 or otherwise, the name and logo of that road authority should also appear above the title and an appropriate statement should be included in the notice.

Insert the name of the road authority.

Insert a brief non-technical description of the proposed road development.

The minimum period for inspection is one month.

The specified fee must not exceed the reasonable cost of making a copy.

The specified fee must not exceed the reasonable cost of making a copy.

The minimum period for making submissions is two weeks from the end of the inspection period.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Insert the title of the scheme.

Insert the name and address (if known) of the person on whom the notice is being served.

Insert the title of the scheme.

Delete as appropriate.

Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works.

Delete as appropriate.

Delete as appropriate.

Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works.

Delete as appropriate.

The minimum period for inspection is one month.

The minimum period for making written objections is two weeks from the end of the inspection period.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Insert the name, address, telephone and fax numbers and e-mail address of the road authority and, where possible, the name, telephone extension and e-mail address of an appropriate official.

Delete as appropriate.

Insert the title of the scheme.

Insert the name and address (if known) of the person(s) on whom this notice is being served.

Insert reference number and date of planning permission as recorded in register of planning permissions kept in accordance with section 8 of the Local Government (Planning and Development) Act, 1963 or section 7 of the Planning and Development Act, 2000.

Briefly outline what is authorised by the permission.

Insert the name of the road authority

Insert the title of the scheme.

Delete as appropriate.

Insert a brief non-technical description of the proposed motorway/busway/protected road and the principal ancillary works.

Delete as appropriate.

Insert the date on which the scheme was made.

Delete as appropriate.

Insert the date on which the scheme was made.

Delete as appropriate.

Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official dealing with the suspension or modification of planning permissions.

The minimum period of inspection is one month.

The minimum period for making objection is two weeks from the end of the inspection period.

Insert the name, address, telephone and fax numbers of the road authority and, where possible, the name and telephone extension of an appropriate official dealing with the scheme.

Delete as appropriate.

Insert the title, for example “Environmental Impact Assessment of Proposed Barrytown Motorway”. The name of the road authority should appear above the title and where the road authority is acting for another road authority, under an agreement under section 59 of the Local Government Act, 1955 or otherwise, the name of that road authority should also appear above the title and an appropriate statement should be included in the notice.

Insert the name and address of the body or person specified by or under section 51(3)(b) of the Road Act, 1993.

Insert the name of the road authority.

Insert a brief non-technical description of the proposed road development.

The minimum period for making of submissions is two weeks from the end of the inspection period specified in the public notice.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Delete as appropriate.

Insert the name, address, telephone, fax numbers and e-mail address of the road authority and, where possible, the name, telephone extension and e-mail address of an appropriate official.

Delete as appropriate.