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Compulsory Acquisition Of Land


Compulsory Acquisition Of Land

FORM OF 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, TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUS- ING ACT, 1966, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT,  2000 (AS AMENDED) AND UNDER SECTION 213 OF THE PLANNING AND DEVELOPMENT ACT 2000 (AS AMENDED), AND SECTION 184 OF THE LOCAL GOVERNMENT ACT 2001.

Galway City Council (Salmon Weir Pedestrian and Cycle Bridge) Compulsory Purchase Order No. SWB-CPO-001, 2020 in the City of Galway

Galway City Council (hereinafter referred to as “the local authority”) acting on its own behalf, in exercise of the powers conferred upon them 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 and the Second Schedule to the Roads Act, 1993 and as amended by the Planning and Development Act, 2000 as amended, and the powers conferred upon them by section 213 of the Planning and Development Act 2000 (as amended), have made an order titled as above which will about to be submitted to An Bord Pleanála for confirmation.

If confirmed, the order will authorise the local authority to acquire compulsorily the land and rights described in the Schedule Part I, Part II and Part IV hereto for the purposes of the construction of Salmon Weir – Pedestrian and Cycle Bridge from between Gaol Road and Newtownsmith in the City of Galway, together with all ancillary works associated therewith, and for the purposes of providing infrastructure to facilitate walking and cycling.

Owners, lessees and occupiers of the land described in the Schedule Part I, Part II and Part IV will receive individual written notice, and any objection by them to the compulsory acquisition of the land or rights described in the Schedule Part I, Part II and Part IV should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin, D01 V902 to be received no later than 4.30pm on Thursday 21st January 2021.

The order will also authorise the local authority to extinguish the public right of way described in the Schedule Part III hereto, by order made by them after they have acquired the land, where the said public right of way is 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 the extinguishing of the said public right of way should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin, D01 V902 to be received no later than 4.30pm on Thursday 21st January 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. 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 considered the objection.

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, An Bord Pleanála must consider any objection made and not withdrawn, any additional sub- missions or observations made pursuant to a request by An Bord Pleanála under section 217A of the Planning and Development Act 2000 (as amended), and any report of the person who held the oral hearing if such an oral hearing takes place.

An application is also being made to An Bord Pleanála under section 177AE of the Planning and Development Act 2000 (as amended), for which separate notice has been given, and for which a Natura Impact Statement has been prepared in respect of the development which is proposed to be carried out on the lands.

Submissions and observations in relation to that application in relation to the implications of the proposed development for proper planning and sustainable development of the area concerned; the likely effects on the environment and the likely significant effects on a European Site may be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin, D01 V902, to be received no later than 4.30pm on Thursday 21st January 2021.

The person conducting any oral hearing that may be held in relation to the Compulsory Purchase Order which relates to a development under section 177AE of the Planning and Development Act 2000 (as amended) is entitled to hear evidence on the likely effects on the environment, the likely consequences for proper planning and sustainable development and the likely significant effects on a European Site.

A copy of the order and of the map referred to in it can be viewed on Galway City Council’s website at www.busconnectsgalway.ie. A copy of the order and of the map referred to in it will also be available for public inspection at the Planning Offices of Galway City Council, City Hall, College Road, Galway City, from 26th November 2020 until 21st January 2021 inclusive, from 10 am to 1pm Monday to Friday, excluding the following dates over the Christmas period, 24th to 29th December 2020 inclusive.

Due to the Covid-19 pandemic the Council’s offices are accessible by prior appointment only.

Please contact Galway City Council by phone 091-536599 or email at planning@galwaycity.ie if you have any queries or wish to arrange an appointment. 

Dated 26th of November 2020

 

Schedule Part I

Lands Being Permanently Acquired

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habita- tion at reasonable expense.

Schedule Part II

Lands Being Temporarily Acquired

Land other than land consisting of a house or houses unfit for human habitation and not capable of being rendered fit for human habita- tion at reasonable expense.

Schedule Part III

Description of Public Rights of Way proposed to be extinguished

Schedule Part IV

Description of the Rights of Way proposed to be compulsorily acquired


Signed CPO Salmon Weir Bridge ENGLISH 24.11.2020 Signed CPO Salmon Weir Bridge GAEILGE 24.11.2020


SWB CPO Schedule Part I SWB CPO Schedule Part II SWB CPO Schedule Part III SWB CPO Schedule Part IV


SWB CPO Deposit Map Signed and Sealed 24.11.2020 SWB CPO Server Map 1 SWB CPO Server Map 2 SWB CPO Server Map 3 SWB CPO Server Map 4 SWB CPO Server Map 5 SWB CPO Server Map 6 SWB CPO Server Map 7