Section 81 of the Local Government Act 2001 provides the statutory basis for the local improvements scheme and my Department's local improvements scheme memorandum, which issued in February 2002, sets out the current terms and conditions for the payment of local improvements scheme grants. Under the scheme grants are provided to county councils for the construction and improvement of non-public roads which provide access to parcels of land of which at least two are owned or occupied by different persons engaged in separate agricultural activities, or provide access for harvesting purposes for two or more persons, or which will in the opinion of the county council be used by the public.
The memorandum also stated that regard should be had to the need to consider special circumstances in some cases, such as hardship or elderly or disabled occupants. My Department's circular letter RW 10/2003 of 4 March 2003 reminded county councils that when assessing applications, discretion could be exercised in cases where special circumstances involving hardship, or elderly or disabled occupants exist.
The administration of the scheme is a matter for the relevant county council. Each county council has responsibility for decisions regarding eligibility and subsequent selection and prioritisation of schemes, subject to the terms of the Department's memorandum and circulars.
