Roads Act, 1993

Approval of scheme by Minister.

49.—(1) A road authority shall submit any scheme made by it under section 47 to the Minister for his approval.

(2) Before approving a scheme submitted to him the Minister shall—

(a) cause a public local inquiry into all matters relating to the scheme to be held,

(b) consider any objections to the scheme which have been made to him and not withdrawn,

(c) consider the report and any recommendation of the person conducting such inquiry.

(3) The Minister may, by order, approve a scheme with or without modifications or he may refuse to approve such a scheme and shall publish in one or more newspapers circulating in the area where the proposed motorway, busway or protected road is to be located notice of his decision, including, where appropriate, particulars of any modifications to the scheme.

(4) The Minister may, in any case where he considers it reasonable to do so, direct the road authority to provide for any person who, by reason of the implementation of a motorway, busway or protected road scheme—

(a) is permanently deprived of reasonable access to or from his property or to or from one part of his property to another — a suitable alternative means of access,

(b) is, during construction, temporarily deprived of reasonable access to or from his property or to or from one part of his property to another — a temporary means of access during the course of such construction,

and the road authority shall comply with any such direction.

(5) Where a scheme made by a road authority under section 47 specifies a planning permission which it is proposed to revoke or modify and where the Minister—

(a) refuses to approve the scheme, or

(b) approves the scheme with modifications and the effect of such modifications is that the specified 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 the road authority,

the duration of such planning permission shall, notwithstanding the Act of 1982, be extended by a period specified in the order of the Minister under subsection (3), the duration of which shall be equivalent to the period beginning on the date on which the scheme was made by the road authority and ending on the date on which the decision referred to in paragraph (a) or (b) was made by the Minister.