Statutory Procedures
The statutory procedures governing the construction and improvement of trunk roads are contained in The Roads (Northern Ireland) Order 1993. The Roads (Amendment) (Northern Ireland) Order 2004 came into operation on the 18 January 2005 allowing the three strands of the statutory procedures - Environmental Statement, Direction Order and Vesting Order - to be taken forward concurrently i.e. to be published into the public domain at the same time and to allow individual inquiries into each of the three strands of the statutory procedures to be held at the same time.The rights of the public to comment on the Environmental Statement or to object to the Direction Order and/or the Vesting Order are not diminished. The new procedure presents a more user-friendly system, as objectors will be able to present a single case, incorporating all of their objections on one occasion.
1. Direction Order
Article 14 of The Roads (Northern Ireland) Order 1993 provides that:
- Where the Department considers it expedient for the purpose of extending, improving or reorganising the trunk road system that any road should be designated as a trunk road; the Department may direct that (a) any existing Road (b) any road in the course of construction or (c) any road proposed to be constructed shall become a trunk road and the trunk road system should be modified accordingly.
Planning approval for a trunk road is not required as each scheme is subject to public consultation during the Direction Order procedures.The practical effect of the statutory procedures is that the preferred line of the new trunk road is published together with an illustrative map and a draft Order. Advertisements are placed in the Belfast Gazette and in the local press. A period of not less than 30 days from the date of the last publication of the notice is allowed for objection.Depending on the weight and content of the objections, Roads Service may convene a public inquiry under the auspices of an independent chairman to examine the proposal.
2. Environmental Statement
Part V of The Roads (Northern Ireland) Order 1993 provides that:
- The Department must publish any determination made by it as to whether or not the scheme is a relevant project or should be made subject to an environmental impact assessment in accordance with directive Council Directive No.85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive No. 97/11/EC and Directive No. 2003/35/EC of the European Parliament and Council.
The practical effect of the statutory procedure is that where an environmental statement is required, advertisements are placed in the Belfast Gazette and in the local press. A period of not less than 6 weeks from the date of publication of the notice is allowed for objection. Depending on the weight and content of the objections, Roads Service may convene a public inquiry under the auspices of an independent chairman to examine the proposal.
3. Vesting Order
Article 113 of The Roads (Northern Ireland) Order 1993 provides that:
- Where the Department desires to acquire any land otherwise than by agreement, the Department may make an order vesting the land in the Department.
The practical effect of the statutory procedure is that where a vesting order is required, advertisements are placed on at least two occasions in in the local press. A period of not less than one month from the date of the last publication of the notice is allowed for objection.
Depending on the weight and content of the objections, Roads Service may convene a public inquiry under the auspices of an independent chairman to examine the proposal.
When publishing the Direction Order, Environmental Statement & Vesting Order Notices together, a composite Notice appears in the Belfast Gazette and on 2 successive weeks in the local press with the objection period expiring 6 weeks after the date of first publication.
