S.I. No. 49/2008 - Roads (Schemes) (forms) Regulations 2008

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

3

(“the Authority”/“the road authority”)

3

has applied under section 51(2) (as amended by section 9(1)(e)(i) of the

Roads Act 2007

) to An Bord Pleanála (‘the Board’) for approval in relation to a proposed road development consisting of ...................................................

4

and has submitted to the Board the environmental impact statement prepared in accordance with section 50 (as amended by section 9(1)(d) of the

Roads Act 2007

) in respect of the proposed road development.

2. A copy of the environmental impact statement is enclosed.

3. Submissions may be made in writing to the Board at ...................................................

5

in relation to the likely effects on the environment of the proposed road development.

Notes to Form No. 6

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

(2) Insert name and address of prescribed authority in Northern Ireland.

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

(4) Insert a brief non-technical description of the proposed road development consisting of the construction of motorway, a busway, a service area or any prescribed type of proposed road development consisting of a proposed public road or this improvement of an existing public road and this principal ancillary works.

(5) Insert address of An Bord Pleanála.

GIVEN under my Official Seal,

28 February 2008

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations, which give effect to the provisions of the Roads Acts 1993 & 2007 (sections 47 & 9 respectively), set out the forms to be used when the National Roads Authority and local authorities are preparing and submitting plans for the provision of a motorway/busway/protected road/service area scheme to An Bord Pleanala.

These Regulations also prescribe the forms to be used to notify the public and persons affected by such schemes and the forms to be used in relation to the environmental impact assessment of road projects.

This Regulation revokes S.I. 453/2000 (Roads Regulations 2000).

4. The proposed road development is likely to have significant effects on the environment in Northern Ireland

8

.

5. The Board may, in relation to an application for approval under section 51, by order, approve the proposed road development with or without modifications or it may refuse such development.

6. Submissions may be made in writing to the Board at .............................................

9

in relation to the likely effects on the environment of the proposed road development between ................................. and ........................................

10

Notes to Form No. 4

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

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

(3) Insert a brief non-technical description of the proposed road development.

(4) Insert a sketch map which should cover at least 10% of the surface area of the notice and include an outline illustration of the proposed motorway/busway/protected road/service area. It should show the terminal points of the project and key intermediate points, should identify any significant centres of population (all census towns) and important physical or other features and should include existing roads and significant proposed ancillary works (such as new access road/service area under a motorway scheme). An approximate scale should be shown.

(5) Insert name and address of the National Roads Authority/road authority/ies as appropriate.

(6) Section 51(3)(

a

)(iii)(as amended by section 51(3)(

a

) of the

Planning and Development (Strategic Infrastructure) Act 2006

) of the

Roads Act 1993

provides that the period during which a copy of the environmental impact statement may be inspected shall be a period of not less than 6 weeks.

(7) Section 51(3)(

a

)(iv) provides that the fee should not exceed the reasonable cost of making a copy of the environmental impact statement.

(8) Delete if not relevant.

(9) Insert address of An Bord Pleanála.

(10) Insert the same dates as given for inspection in paragraph 2 (section 51(3)(

a

)(v) (as amended by section 51(3)(

c

) of the

Planning and Development (Strategic Infrastructure) Act 2006

) of the

Roads Act 1993

provides that the period for making submissions is that period referred to in section 51(3)(

a

)(iii)).

SCHEDULE 5 Roads Act 1993

Form No. 5. Regulation 7

Prescribed form of notice to be served on bodies or persons referred to in section 51(3)(

b

)(as amended by section 51(3)(

e

) of the

Planning and Development (Strategic Infrastructure) Act 2006

)

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

1

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

2

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

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

.

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

7

th 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