Roads Act, 1993

Scheme for a motorway, busway or protected road.

47.—(1) A road authority may make—

(a) a motorway scheme,

(b) a busway scheme,

(c) a protected road scheme,

(d) a protected road scheme amending a protected road scheme approved under section 49 ,

referred to in this Act as “a scheme”.

(2) (a) A scheme under this section shall be in the prescribed form and shall (where appropriate) specify—

(i) the proposed motorway, busway or protected road to which the scheme relates,

(ii) any land which is proposed to be compulsorily acquired for the purposes of the proposed motorway, busway or protected road,

(iii) any rights proposed to be compulsorily acquired in relation to land for the purposes of the proposed motorway, busway or protected road,

(iv) any public and private rights of way proposed to be extinguished over the land referred to in subparagraphs (ii) and (iii),

(v) any 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 motorway, busway or protected road,

(vi) any 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 the proposed protected road,

(vii) any planning permissions for the development of land proposed to be revoked or modified and the extent of any such modification,

(viii) such other matters as may be prescribed from time to time by the Minister.

(b) The matters referred to in paragraph (a) shall (where appropriate) be described by reference to a map or maps.

(c) The land referred to in paragraph (a) (ii) and the rights in relation to land referred to in paragraph (a) (iii) shall include all land and rights in relation to land necessary for or incidental to the construction or maintenance of a motorway, a busway or a protected road and all land or rights in relation to land required for access roads, ramps, toll facilities, service areas and maintenance depots.

(3) Where it is proposed to prohibit or restrict the use of a protected road or a particular part thereof by—

(a) specified types of traffic, or

(b) specified classes of vehicles,

the protected road scheme shall specify the proposed prohibitions or restrictions.

(4) (a) Where in accordance with subsection (2) a scheme made by a road authority specifies a planning permission which is proposed to be revoked, that planning permission shall stand suspended from the date of the making of the scheme until the Minister approves or refuses to approve the scheme under section 49 and if the scheme is approved the planning permission shall be revoked.

(b) Where in accordance with subsection (2) a scheme made by a road authority specifies a planning permission which is proposed to be modified, that planning permission shall stand modified to such extent as is specified in the scheme from the date of the making of the scheme until the Minister 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.

(c) A planning authority shall enter in the register kept under the Act of 1963 particulars of—

(i) the planning permissions proposed to be revoked or modified under a scheme made under this section and the extent of such modification,

(ii) the decision of the Minister under section 49 (3) insofar as it affects the planning permissions referred to in subparagraph (i).

(d) For the purposes of this section “planning permission” means a planning permission (which has not ceased to have effect in accordance with the provisions of the Act of 1982).