Dock Road Improvement Scheme - Compulsory Acquisition of Land

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, 2000-2019

COMPULSORY ACQUISITION OF LAND

LIMERICK CITY AND COUNTY COUNCIL

DOCK ROAD IMPROVEMENT SCHEME – UPGRADE OF ATLAS AVENUE AND COURTBRACK AVENUE JUNCTIONS

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 – 2019, 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 -2019, 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 acquire compulsorily the land described in the Schedule Part II hereto, and to extinguish the private rights of way described in the Schedule Part V hereto for the purposes of providing road improvements comprising;

• Widening of the Dock Road/Atlas Avenue junction layout
• Synchronised Traffic Lights
• Improved cycleway/footway facilities
• Public lighting
• Accommodation works
• Associated site works

At Dock Rd, Limerick.

Owners, lessees and occupiers of the land described in the Schedule Part II hereto and of the private rights of way to be extinguished described in Schedule Part V 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 6^th December 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 Friday 22^nd October 2021 to Monday 6^th December 2021. A copy of the order and deposit map will also be available for inspection online during the above timeframes at http://mypoint.limerick.ie.

SCHEDULE PART II AND SCHEDULE PART V ATTACHED HERETO

DATED THIS 22^nd  DAY OF October 2021

Signed: Laura Flannery

Senior Executive Officer

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