Compulsory Purchase of Land - Mungret LIHAF Phase 2

FORM OF NOTICE OF A COMPULSORY PURCHASE ORDER FOR THE PURPOSES OF THE HOUSING ACT, 1966 (AS AMENDED), TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE SAID ACT, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACTS, 2000-2020

COMPULSORY ACQUISITION OF LAND

LIMERICK CITY AND COUNTY COUNCIL

Mungret Local Infrastructure Housing Activation Fund

Phase 2

COMPULSORY PURCHASE ORDER 2021

NOTICE OF THE MAKING 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 AND AMENDED AND EXTENDED BY THE PLANNING AND DEVELOPMENT ACTS, 2000 – 2020, INCLUDING SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT, 2000 (AS AMENDED), SECTION 10 OF THE LOCAL GOVERNMENT (IRELAND), ACT 1898 AS AMENDED BY SECTION 11 OF THE LOCAL GOVERNMENT (NO.2), ACT, 1960, THE LOCAL GOVERNMENT ACTS, 1925 – 2019, INCLUDING SECTIONS 11 AND 184 OF THE LOCAL GOVERNMENT ACT, 2001 AND THE LOCAL GOVERNMENT (NO. 2), ACT 1960, (AS AMENDED), THE HOUSING ACTS 1966-2015, THE ROADS ACTS 1993 – 2015 AND ALL OTHER ACTS THEREBY ENABLING

The Limerick City and County Council (hereinafter referred to as “the Local Authority”) in exercise of the powers conferred upon it by section 76 of the Housing Act, 1966, and the Third Schedule thereto, 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 of and the Second Schedule to the Roads Acts, 1993 -2015 and as amended and extended by the Planning and Development Acts, 2000 -2020, has made an order entitled as above which is about to be submitted to An Bord Pleanála (“the Board”) for confirmation.

If confirmed, the order will authorise the Local Authority to permanently and temporarily acquire compulsorily the land described in the First Schedule hereto for the purposes of providing road improvements comprising;

• This project involves the construction of approximately 1610m of new roadway west of the R510 Regional Road and south of the R859 Regional Road in Mungret, County Limerick.

• The new roadway will comprise of two number roads (Road 1 approximately 1210m long and Road 2 approximately 400m long) and a new junction connecting these new roads. The proposed new roadway will be 26.9metres wide, consisting of a 6.5metre wide carriageway, 2.5metre car parking facility either side of the carriageway, two number 1.2metre wide verges, two number 2metre wide footpaths, two number 2metre wide cyclepath and two number 2.5metre wide privacy strips. The footpath and cyclepath are required to be provided on both sides of the proposed roads and at the proposed junction of the new roads. Public street lighting shall also be provided along the new roads. Bus-bays/stops and pedestrian crossings on a raised platform/ramp shall also be provided as part of the new road works. All services to facilitate the development of the residential development shall be provided along the new of roads. The construction of the road infrastructure also includes the provision of all necessary drainage works, foul and watermain works and the provision of all necessary road markings and signage.
• Road and drainage impact attenuation
• Fencing
• Landscaping
• Public lighting
• Accommodation works
• Associated site works

Through the townlands of Baunacloka, Dromdarrig, Caheranardrish, and Moneteen, Mungret in the County of Limerick.

Owners, lessees and occupiers of the land described in the First Schedule hereto will receive individual written notice.  Any objections to the compulsory acquisition of the land and to extinguishment of the said rights of way should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1 D01 V902 before 5.30 pm on Monday 27^th September 2021.

The Board cannot confirm—

1. a compulsory purchase order in respect of the land if an objection is made in respect of the acquisition by an owner, lessee or occupier of the land, and not withdrawn,
2. the extinguishment of a private right of way or an order which authorises the extinguishment of a public right of way, if there is an objection to the extinguishment, which is not withdrawn, until it has caused to be held an oral hearing into the matter and until it has considered the objection and the report of the person who held the oral hearing.  However, regard should be had to the provisions of section 218 of the Planning and Development Act, 2000 (as amended) which provide that where as a result of the transfer of functions under section 214, 215, 215A, 215B  or 215C of the Planning and Development Act 2000 (as amended), the Board would otherwise be required to hold a local inquiry, public local inquiry or oral hearing, that requirement shall not apply to the Board, but the Board may, at its absolute discretion, hold an oral hearing in relation to the matter, the subject of the function transferred.

A copy of the order and the deposit map referred to in it may be inspected at the following locations during the listed hours (with the exception of Saturdays, Sundays and public holidays) from Thursday 12^th August to Monday the 27th September 2021.   

A copy of the order and the deposit map referred to in it may also be inspected online at http://mypoint.limerick.ie

FIRST SCHEDULE ATTACHED HERETO

DATED THIS DAY OF 12 August 2021

Senior Executive Officer

Corporate Services