PRESCRIBED FORM FOR A MOTORWAY SCHEME UNDER SECTION 47 OF THE ROADS ACT, 1993, AS AMENDED BY THE ROADS (AMENDMENT) ACT, 1998, AND BY THE ROADS ACT 2007 AND THE PLANNING AND DEVELOPMENT ACTS, 2000-2006.
SECTION 10 OF THE LOCAL GOVERNMENT ( IRELAND ) ACT, 1898, AS AMENDED BY SECTION 11 OF THE LOCAL GOVERNMENT (NO.2) ACT, 1960,
AND SECTION 10 OF THE LOCAL GOVERNMENT (NO. 2)ACT 1960 AS INSERTED BY SECTION 86 OF THE HOUSING ACT 1966,
AND THE LOCAL GOVERNMENT ACT 2001,
AND SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000.
Galway County Council
M17 Galway (Rathmorrissy) to Tuam Motorway Scheme 2007
In exercise of the powers conferred on it by Section 47 of the Roads Act, 1993 (as amended by section 4 of the Roads (Amendment) Act, 1998 and by Section 9 of the Roads Act 2007) Galway County Council (“the road authority”) has made the following scheme in respect of the proposed provision of a motorway:
• It is proposed to provide a motorway on the land described in Part I of the First Schedule and shown coloured blue on the maps marked “M17 Galway (Rathmorrissy) to Tuam Motorway Scheme 2007”, being Drawing Nos. OD67-MO-01F, OD67-MO-02F, OD67-MO-03F, OD67-MO-04F, OD67-MO-05F, OD67-MO-06F, OD67-MO-07F, OD67-MO-08F, OD67-MO-09F, OD67-MO-10F, OD67-MO-11F, OD67-MO-12F, OD67-MO-13F, OD67-MO-14F, OD67-MO-15F, OD67-MO-16F, OD67-MO-17F, OD67-MO-18F and OD67-MO-19D annexed hereto and sealed with the seal of the road authority, from the lines A-A in the Townland of Caraunduff (Clare By), the lines B-B and lines C-C in the Townland of Rathmorrissy and marked on the map, Drawing No OD67-MO-01F annexed hereto, to the line H-H in the Townland of Killeelaun marked on the map, Drawing No OD67-MO-18F annexed hereto and traversing the Townlands of Pollnagroagh, Castlelambert, Tobernavean, Ballybackagh (Clare By), Caherateemore South, Caherateemore North, Sheeaunpark, Glenmore, Kilskeagh, Gortavaura, Cloonnavaddoge, Laragh More, Mira, Ballinvoher (ED Deerpark), Garrauncreen, Annagh Hill, Barnaboy (ED Deerpark), Parkgarve (ED Ballynapark), Pollsillagh, Ballyglooneen, Bullaun (Clare By), Annagh (Clare By), Ardskea Beg, Ballintober (Clare By), Brockagh (Clare By), Ballinphuil, Ballybanagher, Rathmore, Mahanagh (Clare By), Cloonkeen South, Illaunroe, Cloonkeen North, Cloondarone, Cloonmore (ED Clare Tuam) and Cloontooa.
• Subject to the provisions of the Roads Acts, 1993-2007 and of Section 10 of the Local Government (No 2) Act, 1960 (as inserted by Section 86 of the Housing Act, 1966 and amended by the Roads Act, 1993 and the Planning and Development Act, 2000) as applied thereby, the road authority proposes:
• to acquire compulsorily the land or substratum of land described in the First Schedule,
• to acquire compulsorily the rights in relation to land described in the Second Schedule,
• to extinguish, over the land referred to in sub-paragraphs (a) and (b) above or, in the case of public rights of way, over land adjacent to or associated with such land, -
• the public rights of way described in Part I of the Third Schedule, by order made after the acquisition of the said land or rights,
• the private rights of way described in Part II of the Third Schedule,
• to prohibit, close, stop up, remove, alter, divert or restrict all or any means of direct access to or from the proposed motorway in respect of the land described in the Fourth Schedule.
• (1)The permissions under Part IV of the Local Government (Planning and Development) Act 1963 or Part III of the Planning and Development Act 2000 for the development of land (hereinafter referred to as “planning permissions”) proposed to be revoked or modified and the extent of any such modifications are described in the Seventh Schedule.
• (a) The Planning Permissions described in Part I of the Seventh Schedule stand suspended from the date of the making of the scheme until the Board approves the scheme or any part thereof, or refuses to approve the scheme. If the scheme or any part thereof is approved by the Board those planning permissions will be revoked with effect from the date of such approval.
(b)The planning permissions described in Part II of the Seventh Schedule stand modified to the extent specified in that Part of that Schedule from the date of the making of the scheme until the Board approves the scheme or any part thereof, or refuses to approve the scheme. If the scheme, or any part thereof, is approved by the board, with or without conditions or modifications, those planning permissions shall be modified to the extent specified in the scheme as approved.
• The service areas proposed to be provided in relation to the proposed motorway are described in the Eighth Schedule.
• (1) The land or substratum of land described in the First, Second, Fourth, Fifth and Eighth Schedules and the rights of way described in the Third Schedule are individually numbered and shown on the maps referred to in Paragraph 1.
(2)(a) The land described in Part II of the First Schedule and shown coloured grey on the maps referred to in Paragraph 1 consists of land -
(i) necessary or incidental to the construction or maintenance of the motorway,
(ii) required for access roads, ramps, toll facilities, services areas and maintenance depots,
not forming part of the motorway.
(b) The land described in section II of Part I and section II of Part II of the First Schedule hereto and identified on the map referred to in paragraph 1 consists of houses which in the opinion of the road authority are unfit for human habitation and are not capable of being rendered fit for human habitation at a reasonable expense.
6. This scheme may be cited as the M17 Galway ( Rathmorrissy ) to Tuam Motorway Scheme 2007
