N52 GRANGE TO CLONTAIL SCHEME - COMPULSORY PURCHASE (No. 1) ORDER, 2022

COMHAIRLE CHONTAE NA MÍ
MEATH COUNTY COUNCIL
FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER UNDER SECTION 76 OF, AND THE THIRD SCHEDULE TO, THE HOUSING ACT, 1966, AS EXTENDED BY SECTION 10 OF THE LOCAL GOVERNMENT (No. 2) ACT, 1960 (SUBSTITUTED BY SECTION 86 OF THE HOUSING ACT, 1966) AND AMENDED AND EXTENDED BY THE PLANNING AND DEVELOPMENT ACTS, 2000 - 2021

THE LOCAL GOVERNMENT (No. 2) ACT, 1960, THE ROAD ACTS, 1993 - 2015

LOCAL GOVERNMENT ACTS 1925 - 2019 INCLUDING SECTIONS 11 AND 184 OF THE LOCAL GOVERNMENT ACT, 2001 AND HOUSING ACTS 1966 - 2021 AND

PART XIV OF THE PLANNING AND DEVELOPMENT ACTS, 2000 - 2021 INCLUDING SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000

COMPULSORY ACQUISITION OF LAND
MEATH COUNTY COUNCIL
N52 GRANGE TO CLONTAIL SCHEME
COMPULSORY PURCHASE (No. 1) ORDER, 2022

WHEREAS in pursuance of the provisions of Section 76 of, and the Third Schedule to, the Housing Act 1966 as extended by Section 10 of the Local Government (No. 2) Act, 1960, as substituted by Section 86 of the Housing Act, 1966 (as amended by Section 6 and the Second Schedule to the Roads Act, 1993 and amended and extended by the Planning and Development Acts, 2000 – 2021), Meath County Council (hereinafter referred to as “the Local Authority”) has decided to effect the acquisition of the lands and wayleave to which this Order relates under the Housing Act, 1966 (as amended) and has made an Order entitled as above which is about to be submitted to An Bord Pleanála for confirmation. If confirmed, the Order will authorise the Local Authority to acquire compulsorily the lands and wayleave described in the Schedule for the purposes of construction of the N52 Grange to Clontail Scheme comprising the construction of a Type 2 single carriageway for a distance of 4.8 km from a location approximately 300m south west of Cassidy’s Cross (N52/R162 junction) to a tie in point approximately 300m north east of Mitchelstown Cross; and associated accommodation and fencing works, landscaping works, surface water drainage/attenuation works and ancillary works in the townlands of Grange, Castletown, Stephenstown, Fringestown, Carnacop, Mitchelstown and Clontail.

Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.

The Order will authorise the Local Authority to extinguish the public rights of way described in Part III of the Schedule by Order made by it after the Local Authority has acquired the land, where the said public rights of way are over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof.

The Order will authorise the Local Authority to extinguish the private rights of way described in Part IV of the Schedule by Order made by it after the Local Authority has acquired the land, where the said private rights of way are over the land so acquired or any part thereof, or over land adjacent to or associated with the land so acquired or any part thereof.

Any objections to this Order should be made in writing to An Bord Pleanála, 64 Marlborough Street,
Dublin 1, D01 V902 so as to reach the Board before 4.00 p.m. on Wednesday 5th October 2022.

The Board cannot confirm –

(a) a Compulsory Purchase Order in respect of the lands (including wayleave) if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn,

(b) an Order which authorises the extinguishment of public and private rights of way if there is an objection to the extinguishment, which is not withdrawn,

until it has considered the objection(s).

An Bord Pleanála has an absolute discretion under Section 218 of the Planning and Development Act, 2000 (as amended) to hold an oral hearing.
Before making its decision on an application to confirm the Compulsory Purchase Order, the Board must consider any objection(s) made and not withdrawn, any additional submissions or observations made pursuant to a request by the Board under Section 217A of the Planning and Development Act, 2000 (as amended) and in the event of an oral hearing being held, any report of the person who conducted the hearing.

An Bord Pleanála may confirm the Compulsory Purchase Order or any part thereof with or without modifications or may annul the Compulsory Purchase Order or any part thereof.

A person may question the validity of any decision by An Bord Pleanála to confirm a Compulsory Purchase Order by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts as provided for in Section 50 of the Planning and Development Acts 2000 - 2021. Further information can be obtained from An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902 in respect of the judicial review procedure. Further information in respect of the judicial review process can also be found on www.citizensinformation.ie - contact 0818074000 for details of the locations and operating hours of your local Citizens Information Centre.

A copy of the Order and of the map referred to, may be seen at the following offices - Monday to Friday between the hours of 9.00 a.m. and 1.00 p.m. and 2.00 p.m. and 5.00 p.m. from 17th August to 5th October 2022 inclusive (excluding weekends and Public Holidays):

- Meath County Council, Buvinda House, Dublin Road, Navan, Co. Meath C15 Y291
- Meath County Council, Kells Municipal District Office, Headfort Place, Kells, Co. Meath A82 W2R3
- Meath County Council, Laytown/Bettystown Municipal District Office, Main Street, Duleek, Co. Meath A92 R9KW.
A copy of the Order and maps will also be available for inspection on Meath County Council’s web site www.meath.ie

Martin Murray,
Director of Services - Transportation,
Meath County Council,
Buvinda House,
Dublin Road,
Navan, Co. Meath
C15 Y291