Roads Regulations, 2000.

Statutory Instrument No.453/2000
Date20 December 2000

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 7 , 47 , 48 and 51 of the Roads Act, 1993 (No. 14 of 1993) hereby makes the following Regulations:

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

(2) These Regulations and the Roads Regulations, 1994 shall be construed as one and may be collectively cited as the Roads Regulations, 1994 to 2000.

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

(2) Except where otherwise specified any word which has a meaning assigned to it by the Act shall have the same meaning for the purposes of these Regulations.

3. These Regulations shall come into operation on 1 January 2001.

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

(a) Form No. 1 shall be the prescribed form for the purposes of section 47 of the Act.

(b) Form No. 2A shall be the prescribed form for the purposes of section 48 of the Act.

(c) Form No. 2B shall be the prescribed form for the purposes of section 51 of the Act.

(d) Form Nos. 3 and 4 shall be the prescribed forms for the purposes of section 48 of the Act.

(e) Form No. 5 shall be the prescribed form for the purposes of section 51 of the Act.

(2) The area of a prescribed notice required to be published in a newspaper for the purposes of section 48(a) and subsection(3)(a) of section 51 of the Act shall exceed 800 square centimetres.

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

SCHEDULE:

FORM NO. 1.

PRESCRIBED FORM FOR A MOTORWAY, BUSWAY OR PROTECTED ROAD SCHEME UNDER SECTION 47 OF THE ROADS ACT, 1993 AS AMENDED BY THE ROADS (AMENDMENT) ACT, 1998 AND THE PLANNING AND DEVELOPMENT ACT, 2000 .

SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898, AS AMENDED BY SECTION 11 OF THE LOCAL GOVERNMENT (NO. 2) ACT, 1960 AND SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000 .

(1)

(2)

In exercise of the powers conferred on it by section 47 of the Roads Act, 1993 (as amended by section 4 of the Roads (Amendment) Act, 1998 ) ______ (1) (“the road authority”) has made the following scheme in respect of the proposed provision of a motorway/busway/protected road (3) :

1. 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.

2. 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:

(a) to acquire compulsorily the land or substratum of land described in the First Schedule,

(b) to acquire compulsorily the rights in relation to land described in the Second Schedule,

(c) to extinguish, over the land referred to in sub-paragraphs (a) and (b) above or, in the case of public rights of way, over land adjacent to or associated with such land,—

(i) the public rights of way described in Part I of the Third Schedule, by order made after the acquisition of the said land or rights,

(ii) the private rights of way described in Part II of the Third Schedule,

(d) to prohibit, close, stop up, remove, alter, divert or restrict all or any means of direct access to or from the proposed motorway/busway/protected road (3) in respect of the land described in the Fourth Schedule,

(e) to prohibit, close, stop up, remove, alter, divert or restrict all or any means of direct access to or from the proposed protected road, in respect of land used for a specified purpose described in the Fifth Schedule. (4)

(f) to prohibit or restrict the use of the proposed protected road or a particular part thereof by the types of traffic and/or classes of vehicles described in the Sixth Schedule (4) .

3. (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.

(2) (a) The planning permissions described in Part I of the Seventh Schedule stand suspended from the date of the making of the scheme until the Board approves the scheme or refuses to approve the scheme. If the scheme is approved by the Board those planning permissions will be revoked with effect from the date of such approval.

(b) The planning permissions described in Part II of the Seventh Schedule stand modified to the extent specified in that Part of that Schedule from the date of the making of the scheme until the Board approves the scheme or refuses to approve the scheme. If the scheme is approved by the Board, with or without modifications, those planning permissions shall be modified to the extent specified in the scheme as approved.

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

5. (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.

(2) (a) The land described in Part 2 of the First Schedule and shown coloured grey on the map referred to in paragraph 1 consists of land—

(i) necessary or incidental to the construction or maintenance of the motorway/busways/protected road, (3) (4)

(ii) required for access roads, ramps, toll facilities, services areas and maintenance depots, (3) (4)

not forming part of the motorway/busway/protected road (3) .

(b) The land described in section II of Part I and section II of Part II of the First Schedule hereto and identified on the map referred to in paragraph 1 consists of houses which in the opinion of the road authority are unfit for human habitation and are not capable of being rendered fit for human habitation at reasonable expense.

6. This scheme may be cited as the ______________________________________________________________(2) .

First Schedule.

Land (or Substratum of Land) Proposed to be Compulsorily Acquired.

Part I.

Land on which it is proposed to provide a motorway/busway/protected road (3) .

I.

Land or substratum of land (other than land consisting of houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense):

Reference number of land on map

Area, description and situation of land

Owner or reputed owner

Lessee or reputed lessee

Occupier

II.

Land consisting of houses unfit for human habitation and not capable of being rendered fit for-human habitation at reasonable expense:

Reference number of land on map

Area, description and situation of land

Owner or reputed owner

Lessee or reputed lessee

Occupier

Part II.

Land not forming part of the motorway/busway/protected road (3) :

I.

Land (other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense):

Reference number of land on map

Area, description and situation of land

Owner or reputed owner

Lessee or reputed lessee

Occupier

II.

Land consisting of houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense:

Reference number of land on map

Area, description and situation of land

Owner or reputed owner

Lessee or reputed lessee

Occupier

Second Schedule.

Description of the Rights in Relation to Land Proposed to be Compulsorily Acquired.

Third Schedule.

Description of the Public and Private Rights of Way Proposed to be Extinguished.

Part I.

Public rights of way proposed to be extinguished.

Part II.

Private rights of way proposed to be extinguished.

Fourth Schedule.

Land in respect of which it is Proposed to Prohibit, Close, Stop Up, Remove, Alter, Divert or Restrict All or Any Means of Direct Access to or from the Proposed Motorway/Busway/Protected Road: (3)

Reference number of land on map

Area, description and situation of land

Owner or reputed owner

Lessee or reputed lessee

Occupier

Proposed course of action

Fifth Schedule.

Land Used for a Specified Purpose in respect of which it is Proposed to Prohibit, Close, Stop Up, Remove, Alter, Divert or Restrict All or Any Means of Direct Access to or from the Proposed Protected Road:-

Reference number of land on map

Area, description and situation of land

Owner or reputed owner

Lessee or reputed lessee

Occupier

Purpose of which land is used

Proposed course of action

Sixth Schedule.

Part I.

Description of the Types of Traffic and/or Classes of Vehicles Proposed to be Prohibited from Using the Proposed Protected Road or a Particular Part thereof.

Part II.

Description of the Types of Traffic and/or Classes of Vehicles Proposed to be Restricted in Their Use of the Proposed Protected Road or a Particular Part Thereof and the Nature and Extent of such Restrictions.

Seventh Schedule.

Part I.

Planning Permissions which have been Suspended:

Reference number in planning register.

Nature of permission

Date granted

Reference number of land on scheme map.

Part II.

Planning Permissions which have been...

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