S.I. No. 395/1977 - Local Government (Roads and Motorways) Act, 1974 (Prescribed Forms) Regulations, 1977.


S.I. No. 395 of 1977.

LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 (PRESCRIBED FORMS) REGULATIONS, 1977.

The Minister for the Environment in exercise of the powers conferred on him by sections 4 and 14 of the Local Government (Roads and Motorways) Act, 1974 , hereby makes the following Regulations:

1. These Regulations may be cited as the Local Government (Roads and Motorways) Act, 1974 (Prescribed Forms) Regulations, 1977.

2. In these Regulations—

"the Act" means the Local Government (Roads and Motorways) Act, 1974 .

3. ( a ) Form No. 1 in the Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (2) of section 4 of the Act.

( b ) Form No. 2 in the Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (1) (a) of section 5 of the Act.

( c ) Form No. 3 in the Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (1) (b) of section 5 of the Act.

( d ) Form No. 4 in the Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (3) of section 8 of the Act.

SCHEDULE.

FORM No. 1.

SCHEME FOR THE PROVISION OF A MOTORWAY UNDER SECTION 4 of THE LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 .

LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 .

In exercise of the powers conferred on them by section 4 of the Local Government (Roads and Motorways) Act, 1974 the ...................... (hereinafter referred to as the "road authority") have decided to make the following Scheme for the provision of a motorway:

1. A motorway shall be provided from ....................... to ...................... on the lands shown coloured blue (or pink) on the map annexed hereto. These lands are referred to in this Scheme as "the lands to which this Scheme relates".

2. The lands to which this Scheme relates and the lands which are affected by this Scheme are described in the First, Second and Third Schedules hereto.

3. Subject to the provisions of the said Act and of section 10 of the Local Government (No. 2) Act, 1960 as applied thereby the road authority propose

( a ) to acquire compulsory for the purpose of providing the proposed motorway, the lands described in Part I and Part II of the First Schedule hereto,

( b ) to extinguish the public right(s) of way described in the Second Schedule hereto, by order made after the acquisition of the land over which there is/are the said public right(s) of way,

( c ) to close, stop up, remove, alter or divert any existing means of access from the land described in Part I of the Third Schedule hereto to the proposed motorway,

( d ) by notice under section 8 of the Local Government (Roads and Motorways) Act, 1974 to suspend, revoke or modify planning permissions in respect of the lands referred to in Part II of the Third Schedule hereto.

4. The lands described in the First, Second and Third Schedules hereto are numbered and shown on a map marked .......................... and sealed with the seal of the road authority, (hereinafter referred to as the "deposited map").

5. The land described in Part I of the First Schedule hereto which is coloured pink on the deposited map consists of (a) house(s) and the said house(s) is/are in the opinion of the road authority unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

6. This Scheme may be cited as the ............................. Motorway Scheme, 19 ..............

FIRST SCHEDULE.

Lands to which this Scheme relates and which are proposed to be compulsorily acquired.

PART I.

Land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

No. on map deposited at the offices of the road authority

Quantity, description and situation of the land

Owners or reputed owners

Lessees or reputed lessees

Occupiers

PART II.

Lands 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.

No. on map deposited at the offices of the road authority

Quantity, description and situation of the land

Owners or reputed owners

Lessees or reputed lessees

Occupiers

SECOND SCHEDULE.

Description of public right(s) of way proposed to be extinguished over lands to which the scheme relates.

THIRD SCHEDULE.

Lands affected by the Scheme.

PART I.

Lands from which any existing means of access to the proposed motorway may be closed, stopped up, removed, altered or diverted.

No. on map deposited at the offices of the road authority

Quantity, description and situation of the land

Owners or reputed owners

Lessees or reputed lessees

Occupiers

PART II.

Lands in respect of which planning permissions shall be suspended and if the Scheme is approved by the Minister for the Environment, revoked or modified by notice under section 8 of the Local Government (Roads and Motorways) Act, 1974 .

The lands referred to in Part I of this Schedule and numbered ..................... on the map deposited at the offices of the road authority and the following lands—

No. on map deposited at the offices of the road authority

Quantity, description and situation of the land

Owners or reputed owners

Lessees or reputed lessees

Occupiers

The official seal of the road authority was affixed hereto this day of 19 in the presence of:—

________________________

________________________

________________________

NOTES.

Paragraph No.

1. Insert a description of the places between which it is proposed to provide the motorway.

4. The map should be marked with a heading in the terms of the title of the Scheme and should show the lands on which it is proposed to provide the motorway.

5. Where the land proposed to be acquired does not include a house or houses considered unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, paragraph 5 may be omitted, the First Schedule should not be divided into parts, no lands should be coloured pink on the map and headings will, therefore, not be required.

Seal

The signature and description of the persons in whose presence the seal is affixed should be inserted e.g. "Lord Mayor", "Chairman", "Nominated Member", "Manager" etc.

FORM No. 2.

FORM OF NOTICE OF THE MAKING OF A SCHEME FOR THE PROVISION OF A MOTORWAY UNDER SECTION 4 (1) (a) OF THE LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 , TO BE PUBLISHED IN ACCORDANCE WITH SECTION 5 OF THE ACT.

SCHEME FOR PROVISION OF A MOTORWAY.

The ............................ (hereinafter referred to as "the road authority") in exercise of the powers conferred on them by section 4 of the Local Government (Roads and Motorways) Act, 1974 have made a Scheme entitled as above for the purpose of providing a motorway from ..................... to ..................... 1 The Scheme is about to be submitted to the Minister for the Environment for approval.

1 Describe the places between which it is proposed to provide the motorway.

If approved by the Minister after the holding of a public local inquiry under section 6 (1) of the Act, the Scheme will have the same effect as if it were a compulsory purchase order in respect of the land proposed to be acquired which, consequent on a decision made by the road authority pursuant to section 10 (1) of the Local Government (No. 2) Act, 1960 , has been duly made and confirmed and the road authority will thereupon be authorised:—

( a ) to acquire compulsorily the land described in the First Schedule hereto,

( b ) to extinguish the public right(s) of way described in the Second Schedule hereto, by order made after the acquisition of the land over which there is/are the said public right(s) of way,

( c ) to close, stop up, remove, alter or divert any existing means of access to the motorway from the land described in Part I of the Third Schedule hereto.

( d ) by notice under section 8 of the Act to suspend, revoke or modify planning permissions in respect of the lands referred to in Part II of the Third Schedule hereto.

It is provided that before approving a Scheme submitted to him the Minister shall cause to be held a public local inquiry into all matters relating to the Scheme and shall consider the report of the person who conducted the inquiry and any objections to the Scheme which have been made to him and which have not been withdrawn.

A copy of the Scheme and the map referred to therein may be inspected at ................ between the hours of ............................ and ......................... on the normal working days of the road authority.

___________________________________________________________________________

FIRST SCHEDULE.2

SECOND SCHEDULE.

THIRD SCHEDULE.

Dated this ....................... day of ............................ 19

.........................................

County Secretary or Town Clerk

_______________________________________________________________________

NOTES.

2Insert description(s) as in schedule(s) to Form No. 1.

FORM No. 3.

FORM OF NOTICE OF THE MAKING OF A SCHEME FOR THE PROVISION OF A MOTORWAY UNDER SECTION 4 of THE LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 , TO BE SERVED ON OWNERS, AND OCCUPIERS OF LAND IN ACCORDANCE WITH SECTION 5 (1) (b) OF THE ACT.

_______________________________________________________________________

.....................................(title of Scheme)

To .................................

of .................................

The ................ (hereinafter referred to as "the road authority") in exercise of the powers conferred upon them by section 4 of the Local Government (Roads and Motorways) Act, 1974 have made a Scheme entitled as above for the purpose of providing a motorway from ................ to ........................ 1

The Scheme is about to be submitted to the Minister for the Environment for approval.

The Minister, if he thinks fit, may approve the Scheme with or without modifications or may refuse to approve it.

The Minister may not, however, approve the Scheme until he has caused to be held a public local inquiry into all matters relating to the Scheme and until he has considered the report of the person conducting such inquiry and has considered any objections to the Scheme which have been lodged and which have not been withdrawn.

Written objections to the Scheme may be lodged with the Minister for the Environment and should be addressed to the Minister for the Environment at the Custom House, Dublin.

A copy of the Scheme and of the map referred to in it may be seen at ............................. between the hours of ............................................. and ........................ on the normal working days of the road authority.

If the Scheme is approved, the road authority will thereupon be authorised under section 6 of the Local Government (Roads and Motorways) Act, 1974 and section 10 of the Local Government (No. 2) Act, 1960 :—

( a ) to acquire compulsorily the lands described in the First Schedule hereto,

( b ) to extinguish the public right(s) of way described in the Second Schedule hereto, by order made after the acquisition of the lands over which there is the said public right(s) of way,

( c ) to close, stop up, remove, alter or divert any existing means of access to the motorway from the lands described in Part I of the Third Schedule hereto.

( d ) by notice under section 8 of the Local Government (Roads and Motorways) Act, 1974 , to suspend, revoke or modify planning permissions in respect of the lands referred to in Part II of the Third Schedule hereto.

In any case where the closing, stopping up, removing, altering or diverting of any means of access results in the owner of any land being deprived of the only means of access from that land to any public road the road authority shall not close, stop up, remove, alter or divert such means of access until an alternative means of access to a public road has been provided.

Where, by reason of the construction of the motorway a person is deprived of reasonable access from one part of his property to another, the Minister is empowered to direct that a suitable alternative means of access shall be provided.

If land to which the Scheme, as approved by the Minister, relates, is acquired by the road authority, compensation will be assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 , the Property Values (Arbitrations and Appeals) Act, 1960 , Local Government (Planning and Development) Act, 1963 , subject to the modifications contained in the Third Schedule to the Housing Act, 1966 .

In the case of land consisting of a house unfit for human habitation and not capable of being rendered so fit at reasonable expense, compensation will be assessed in accordance with Part I of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended and modified as aforesaid, as the value of the land at the time the relevant notice to treat is served as a site cleared of buildings and available for development in accordance with the requirements of building bye-laws in force in the area under the Local Government (Sanitary Services) Acts, 1878 to 1964, or building regulations in force in the area under the Local Government (Planning and Development) Act, 1963 , less such sum as may be determined by the arbitrator to be the cost of clearing and levelling the land.

If the Minister is of the opinion that a house described in the Scheme as being unfit for human habitation and not capable of being rendered so fit, ought not to have been so described, he may modify the Scheme in so far as it relates to the house, so as to authorise the road authority to acquire the house and to pay compensation for it assessed in accordance with Part II of the Fourth Schedule to the Housing Act, 1966 , and the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended and modified as aforesaid.

The land/part of the land in which you have an interest consists of a house or houses which is/are, in the opinion of the road authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense.

Whenever by reason of the construction of a motorway, access from any land to a public road has been closed, stopped up, removed, altered or diverted by a road authority pursuant to section 6 (3) of the Local Government (Roads and Motorways) Act, 1974 and any person 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 the land, he shall be entitled to recover from the road authority compensation in respect of that damage but in assessing compensation regard shall be had to any new means of access provided by the road authority.

A claim for compensation under section 6 of the Local Government (Roads and Motorways) Act, 1974 shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land.

Any question of disputed compensation shall be referred to and be determined by a property arbitrator appointed under the Property Values (Arbitrations and Appeals) Act, 1960 . A claimant for compensation may, at any time after the expiration of fourteen days from the date on which the relevant notice to treat is served, send to the Secretary, the Reference Committee, Four Courts, Dublin, an application in writing for the nomination of a property arbitrator for the purpose of determining the compensation to be paid. The application should be made in accordance with the Property Values (Arbitrations and Appeals) Rules, 1961 ( S.I. No. 91 of 1961 ).

FIRST SCHEDULE.2

SECOND SCHEDULE.

THIRD SCHEDULE.

___________________________________________________________________

Dated this ........................ day of ........................... 19......

...........................................

County Secretary or Town Clerk

NOTES.

1 Describe the places between which it is proposed to provide the motorway.

2 Insert descriptions as in schedules to Form No. 1.

3 Where a notice is being served on a person to whom Part I of the First Schedule to Form No. 1 does not apply paragraphs dealing with unfit houses should be omitted.

FORM No. 4.

LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 .

NOTICE OF SUSPENSION OR MODIFICATION OF PLANNING PERMISSION UNDER SECTION 8 OF THE ACT.

PLANNING PERMISSION NO. 1................... DATED ....................................

1. The ................ have made a Scheme pursuant to section 4 of the Local Government (Roads and Motorways) Act, 1974 which is about to be submitted to the Minister for the Environment for approval. A copy of the Scheme and the relevant map may be seen at ................. between the hours of 2 ............ and ....................... on the normal working days of the road authority.

2. As the lands which are the subject of the above-mentioned grant of planning permission are affected by the Scheme, and as the permitted development has not commenced/is not completed,* you are hereby notified that the grant of planning permission is suspended until the Minister gives an approval or refusal in relation to the Scheme.

3. If the Scheme is approved by the Minister the above-mentioned grant of planning permission will be thereby revoked/modified* to the following extent:—............................................................ ...............

............................................................ ............................................................ .......................................................

4. The Minister may not approve the Scheme until he has caused a public local inquiry to be held into all matters relating to it and has considered the report of the inquiry and any objections made to the Scheme which have not been withdrawn.

5. Written objections to the Scheme may be lodged with the Minister for the Environment and should be addressed to the Minister for the Environment at the Custom House, Dublin.

Dated this ................................... day of ....................., 19

............................................................ ............................................................ ...........

County Secretary/Town Clerk.

NOTE:

The service of this notice on persons who have been granted planning permission shall be made in the manner set out in section 5 of the Local Government (Roads and Motorways) Act, 1974 .

__________________

NOTES.

1 Insert serial 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 .

2 Insert hours of inspection.

GIVEN under the Official Seal of the Minister for the Environment

this 28th day of December, 1977.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the forms to be used by a road authority in connection with the preparation and submission to the Minister of a scheme for the provision of a motorway.