Roads (Schemes) (Forms) Regulations, 2008

• Jurisdiction: Ireland

S.I. No. 49 of 2008

ROADS (SCHEMES) (FORMS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th March, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 7 and sections 47, 48 and 51 (as amended by section 9 of the Roads Act 2007 (No. 34 of 2007)) of the Roads Act 1993 (No. 14 of 1993), hereby make the following regulations:

1. These Regulations may be cited as the Roads (Schemes) (Forms) Regulations 2008.

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

3. The form (Form No. 1) contained in Schedule 1 is prescribed for the purposes of section 47(2) of the Act.

4. The form of the notice (Form No. 2) contained in Schedule 2 is prescribed for the purposes of section 48(a) of the Act.

5. The form of the notice (Form No. 3) contained in Schedule 3 is prescribed for the purposes of section 48(b) of the Act.

6. The form of the notice (Form No. 4) contained in Schedule 4 is prescribed for the purposes of section 51(3)(a) of the Act.

7. The form of the notice (Form No. 5) contained in Schedule 5 is prescribed for the purposes of section 51(3)(b) of the Act.

8. The form of the notice (Form No. 6) contained in Schedule 6 is prescribed for the purposes of section 51(3)(c) of the Act.

9. The Roads Regulations 2000 ( S.I. No. 453 of 2000 ) are revoked.

SCHEDULE 1 Roads Act 1993

Form No. 1.Regulation 3.

Form under section 47(2) (as amended by section 9(1)(a) of the Roads Act 2007 ) for a motorway scheme, service area scheme, busway scheme, protected road scheme or a protected road scheme amending a protected road scheme approved under section 49.

....................................................................... 1

The .......................................... (“the Authority”/“the road authority”) 2 , under section 47 of the Roads Act 1993 , has made the ................................ 1 which it proposes, pursuant to section 49 of the Roads Act 1993 , to submit to An Bord Pleanála for approval. The scheme relates to the proposed provision of a .............................. 3 on the land described in Part 1 of Schedule 1 hereto and shown coloured ............................................ 4 on the scheme map marked ............................ 1 annexed hereto and sealed with the seal of the ..................................... (“the Authority”/“the road authority”) 2 .

1. Under the ......................... 1 scheme it is proposed to:

(a) compulsorily acquire the land or substratum of land described in Schedule 1,

(b) compulsorily acquire the rights in relation to land described in Schedule 2,

(c) extinguish over the land referred to in subparagraphs (a) and (b)—

(i) the public rights of way described in Part 1 of Schedule 3, and

(ii) the private rights of way described in Part 2 of Schedule 3,

(d) prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed ............................. 3 , in respect of the land described in Schedule 4,

(e) prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed protected road, in respect of land used for a specified purpose described in Schedule 5, 5

(f) prohibit or restrict the use of the protected road or a particular part thereof by the types of traffic or the classes of vehicles specified in Schedule 6, 5

(g) revoke the planning permissions for the development of land described in Part 1 of Schedule 7 6 , and

(h) modify the planning permissions for the development of land described in Part 2 of Schedule 7 to the extent specified in that Part. 7

2. The land or substratum of land described in Schedules 1, 2, 4, 5 and 7 and the rights of way described in Schedule 3 are individually numbered and shown on the scheme map.

SCHEDULE 1 Land or substratum of land proposed to be compulsorily acquired

Part 1 Land on which it is proposed to provide a ............................. 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 scheme 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 scheme map Area, description and situation of land Owner or reputed owner Lessee or reputed lessee Occupier

Part 2 Land not forming part of the .......................................... 3 but forming part of the scheme

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 scheme 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 scheme map Area, description and situation of land Owner or reputed owner Lessee or reputed lessee Occupier

SCHEDULE 2 DESCRIPTION OF THE RIGHTS PROPOSED TO BE COMPULSORILY ACQUIRED IN RELATION TO LAND FOR THE PURPOSES OF THE PROPOSED .......................................... 3

SCHEDULE 3 DESCRIPTION OF THE PUBLIC AND PRIVATE RIGHTS OF WAY PROPOSED TO BE EXTINGUISHED

Part 1 Public rights of way proposed to be extinguished over the land described in Schedules 1 and 2 or over land adjacent to or associated with such land

Part 2 Private rights of way proposed to be extinguished over the land described in Schedules 1 and 2

SCHEDULE 4 Land in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from the proposed .......................................... 3

Reference number of land on scheme map Area, description and situation of land Owner or reputed owner Lessee or reputed lessee Occupier Proposed course of action 8

SCHEDULE 5 Land used for a specified purpose in respect of which it is proposed to prohibit, close, stop up, remove, alter, divert or restrict a means of direct access to or from a proposed protected road

Reference number of land on scheme map Area, description and situation of land Owner or reputed owner Lessee or reputed lessee Occupier Proposed course of action 8

SCHEDULE 6

Part 1 Types of traffic or classes of vehicles proposed to be prohibited from using the proposed protected road or a particular part thereof

Part 2 Types of traffic of classes of vehicles proposed to be restricted in their use of the protected road or a particular part thereof

SCHEDULE 7

Part 1 Particulars of planning permissions for the development of land proposed to be revoked

Reference number in planning register Nature of permission Date Granted Reference number of land on scheme map

Part 2 Particulars of planning permissions proposed to be modified and the extent of any such modification

Reference number in planning register Nature of permission Date granted Extent of modification Reference number of land on scheme map

Notes to Form No. 1

(1) Insert the title of the scheme such as: “M4 KINNEGAD-ENFIELD-KILCOCK MOTORWAY SCHEME 2001”.

(2) Insert the National Roads Authority or the name of the road authority/ies and delete as appropriate.

(3) Insert: motorway/busway/protected road/service area.

(4) The following colours should be used for scheme mapping:

Motorway — Blue

Service Area — Green

Busway — Orange

Protected Road — Yellow

Land not forming part of the motorway/busway/protected road/service area/ but forming part of the scheme — Grey

(5) If not applicable insert: “none” or “not applicable” or other cognate word.

(6) Section 47(4)(a) of the Roads Act 1993 provides that any planning permissions specified in Part 1 of Schedule 7 shall stand suspended from the date of the making of the scheme until An Bord Pleanála approves or refuses the scheme under section 49 and if the scheme is approved the planning permission shall be revoked.

(7) Section 47(4)(b) of the Roads Act 1993 provides that any planning permissions specified in Part 2 of Schedule 7 shall stand modified to such extent as is specified in the scheme from the date of the making of the scheme until An Bord Pleanála approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be modified to such extent as is specified in the scheme as approved.

(8) Specify what course of action is being taken e.g prohibit, close, stop up, remove, alter, etc.

SCHEDULE 2 Roads Act 1993

Form No. 2.Regulation 4.

Form of notice to be published pursuant to section 48(a) (inserted by section 9(1)(b) of the Roads Act 2007 ) in relation to the making of a scheme under section 47.

.................................................... 1

1. ....................... (“the Authority”/“the road authority” 2 ), under section 47 of the Roads Act 1993 , has made the ................................... 1 which it proposes to submit to An Bord Pleanála...