Roads Act 2007

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Declaration of motorways.

8.— (1) The Minister may, subject to subsection (2), on the application of the Authority, by order declare as a motorway—

(a) any existing public road which, before the passing of this Act, is a national road, or

(b) any proposed road development for the construction of a national road, in respect of which, before the passing of this Act, an application for approval has been made or the development has been approved under section 51 of the Principal Act,

or any part or section as such.

(2) Where the Minister proposes to declare under subsection (1) a road to be a motorway and the Authority informs him or her in writing that—

(a) the road has been or will be constructed to a similar or higher standard as existing motorways,

(b) provision is made for alternative means of access to any land which is to cease as a result of the declaration, and

(c) the road is or will be at least a dual carriageway or an integrated part of the design of a dual carriageway and part of the network of national roads,

the Minister must—

(i) publish, in one or more newspapers circulating in the area where the road is located or the proposed road is intended to be located which he or she proposes to declare to be a motorway, a notice—

(I) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the application under subsection (1) and a map showing the road may be inspected, and

(II) stating that objections or representations may be made in writing to the Minister in relation to the declaration before a specified date (which shall be not less than 2 weeks after the period allowed for such inspection), and

(ii) consider any objections or representations made under paragraph (i)(II) and not withdrawn.

(3) Section 43 of the Principal Act is amended by substituting for subsection (1) the following:

“(1) In this Act ‘ motorway ’ means—

(a) a public road or proposed public road specified to be a motorway in a motorway scheme approved under section 49, or

(b) a national road or a proposed road development for the construction of a national road declared to be a motorway under section 8 of the Roads Act 2007.”.

(4) Notwithstanding any other enactment, neither a planning authority or An Bord Pleanála shall decide to grant or grant planning permission nor shall a decision by such be regarded as having been given under section 34(8) of the Planning and Development Act 2000 in respect of the developments referred to in section 46 of the Principal Act in respect of a national road or a proposed road development for the construction of a national road declared to be a motorway under subsection (1).