Dáil Éireann debate -
Tuesday, 23 May 2000

Vol. 519 No. 5

Written Answers. - Road Network.

John V. Farrelly

Question:

232 Mr. Farrelly asked the Minister for the Environment and Local Government if, during the construction of the Bray by-pass, there was a precedent set by the National Roads Authority and his Department that farms would not be severed and left unserviceable during the compulsory purchase order procedure and construction of this roadway; if he will make available the decisions made then; if such actions will leave any existing viable family holdings unviable in the future; and if he will make a statement on the matter. [14172/00]

John V. Farrelly

Question:

235 Mr. Farrelly asked the Minister for the Environment and Local Government the plans, if any, he has to review the powers he has under environmental legislation that he require the National Roads Authority or the local authority to provide alternative means of access because of the provision of a motorway or other such schemes for farmers whose land may be severed as a result of the proposals; and if he will make a statement on the matter. [14178/00]

Minister for the Environment and Local Government (Mr. Dempsey):

I propose to take Questions Nos. 232 and 235 together.

The making of motorway schemes and the environmental impact assessment of proposed major roads is now governed by Part IV of the Roads Act, 1993; these provisions were not in force when the M11 Shankill-Bray motorway was approved and constructed.

Under section 49 of the Roads Act, 1993, the Minister for the Environment and Local Government may, in the context of approving a motorway, busway or protected road, direct a road authority to provide for any person permanently or temporarily deprived of reasonable access to or from their property or from one part of their property to another. The exercise of this and related functions under the Roads Act, 1993, will, under the Planning and Development Bill, 1999, be transferred from the Minister for the Environment and Local Government to An Bord Pleanála. There is no other proposal to review these legislative provisions.

John V. Farrelly

Question:

233 Mr. Farrelly asked the Minister for the Environment and Local Government if he intends to have the power to approve, with or without modification, new motorways recommended by the National Roads Authority or local authorities under the new Planning Bill; and if he will make a statement on the matter. [14173/00]

Minister for the Environment and Local Government (Mr. Dempsey):

In accordance with the Roads Act, 1993, the approval of new motorways is a matter for the Minister for the Envir onment and Local Government. The provisions of the Planning and Development Bill, 1999, will transfer this approval function to An Bord Pleanála.