Local Government (Roads and Motorways) Act, 1974
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Control of access to motorways. |
8.—(1) A person shall not have or be entitled to direct access from any land adjoining a motorway to the motorway, or from the motorway to such land, nor shall a right be granted at any time. | |
(2) Notwithstanding anything contained in any other enactment, a planning authority shall not grant permission, nor shall a decision by a planning authority to grant any permission be regarded as having been given, for any development which would provide direct access to a motorway or for any development on land to which a scheme made by a road authority pursuant to section 4 of this Act relates. | ||
(3) Where a scheme is made by a road authority under section 4 of this Act, the planning authority for the area to which the scheme relates shall serve notice in the prescribed manner on all persons who have been granted planning permission for development (which has not been commenced or has not been completed) on any land affected by the scheme. | ||
(4) A notice served by a planning authority under subsection (3) of this section shall state either— | ||
(a) that the planning permission granted is thereby suspended until the Minister gives an approval or refusal in relation to the scheme under section 4 (4) of this Act and that, if the scheme is approved by the Minister, the planning permission is thereby revoked to such extent as may be specified in the notice, or | ||
(b) that the planning permission is thereby modified by the planning authority to such extent as may be specified in the notice. | ||
(5) Where a means of access from any land to a motorway has been constructed by any person in contravention of this section, the road authority may, without giving notice to the owner of the land or to any other person, take all steps necessary to close, stop up or remove the means of access and may recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing up, stopping up or removing that means of access. | ||
(6) Any person (other than a road authority) who constructs, forms or lays out any means of access to a motorway shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds. | ||
(7) Any person (other than a road authority) who interferes with or damages any fence or other boundary forming part of a motorway shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds. |