SI 2004 No. 3079 (N.I. 20)

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This Explanatory Memorandum refers to the Roads (Amendment) (Northern Ireland) Order 2004 (2004 No. 3079 (N.I. 20))

ROADS (AMENDMENT) (NORTHERN IRELAND) ORDER 2004

S.I. 2004 No. 3079 (N.I. 20)

EXPLANATORY MEMORANDUM

INTRODUCTION

1.     The Roads (Amendment) (Northern Ireland) Order 2004 ("the Order") was made on 17th November 2004.

2.     This Explanatory Memorandum has been prepared by the Department for Regional Development ("the Department") in order to assist the reader in understanding the Order. It does not form part of the Order.

BACKGROUND AND POLICY OBJECTIVES

3.     Under Article 133 of the Roads (NI) Order 1993 the Department may be required to hold up to three public inquiries into the Environmental Impact Assessment (EIA), Direction Order/Designation Order (DO) and Vesting Order (VO) aspects of any particular road scheme proposal. While the Article does allow for the EIA and DO, or DO and VO procedures to be taken concurrently this has not obviated the need for three separate inquiries to be held.

4.     In England and Wales these procedures are contained in the Highways Act 1980, but under the provisions of this Act the Highways Agency (Roads Service's counterparts) may take all three strands of the procedures concurrently within a single inquiry process.

5.     There are clear benefits in following the procedures used in England and Wales, both in terms of the time taken to progress schemes through the statutory procedures, as well as a reduction in administrative costs for both the Department and objectors. Consequently, the Department intends to amend the current legislation to this effect.

6.     The Department, in common with its counterparts in all member states, is required under EC directive to assess the environmental impact of any relevant road proposal, publish such assessment and take the results of consultations and the information gathered into consideration in the development consent procedure. The Department will ensure, by administrative means, that it will publish its decision on the environmental impact assessment before proceeding with any other aspect of the statutory process relating to a road proposal.

CONSULTATION

7.     Consultation took place over a 12-week period between 9 February and 30 April 2003. Some 180 individual groups were circulated and 19 responses were received. Of these 18 either supported the proposals or simply acknowledged receipt of the paper. One negative response, which centred around public awareness, was received. The Department will address this concern administratively by expanding its advertising in respect of all major roads proposals to include the 3 Northern Ireland daily newspapers where they are not already included.

MAIN ELEMENTS OF THE ORDER

8.     The Order contains three Articles. Articles 1 and 2 are introductory.

COMMENTARY ON ARTICLES

9.     Article 3 inserts a new Article 133A into the Roads (Northern Ireland) Order which will replace paragraphs (2) and (3) of the present Article 133 of that Order. (Proceedings which may be taken concurrently with proceedings under Schedule 8.)

The new Article 133 allows for all or any of the proceedings connected with a proposed road scheme (ie, the EIA, DO and VO procedures) to be taken concurrently (as far as is practicable).

COMMENCEMENT

The Order comes into operation 2 months after making.