This junction is west of Mallow on the road to Killarney. To progress the scheme, engineering consultants have been procured by Cork National Roads Office on behalf of Cork County Council through the TII Project Services Framework Lot 1. A previous feasibility report prepared for Cork County Council indicated that the preferred solution would be the construction of a roundabout. A Natura Impact Statement is being prepared for submission to An Bord Pleanála.
FORM OF NOTICE 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 (AS SUBSTITUTED BY SECTION 86 OF THE HOUSING ACT 1966) AND AMENDED AND EXTENDED BY SECTION 6 AND THE SECOND SCHEDULE OF THE ROADS ACT 1993, THE HOUSING ACTS 1966 TO 2019, THE LOCAL GOVERNMENT ACTS 1925 TO 2019 AND THE ROADS ACTS 1993 TO 2015,
PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (A) OF THE THIRD SCHEDULE TO THE HOUSING ACT 1966 AS AMENDED BY THE PLANNING AND DEVELOPMENT ACTS 2000 – 2020
COMPULSORY ACQUISITION OF LAND
Cork County Council
N72/R579 Ballymaquirk Junction Upgrade
Compulsory Purchase Order , 2021
IN THE MATTER OF THE PLANNING AND DEVELOPMENT ACTS 2000-2020
AND IN THE MATTER OF THE HOUSING ACT, 1966 [AS AMENDED], LOCAL GOVERNMENT (NO. 2) ACT, 1960
HOUSING ACTS 1966-2015
ROADS ACTS 1993 TO 2015
LOCAL GOVERNMENT ACTS 1925-2019
AND ALL OTHER ACTS THEREBY ENABLING
The Cork County Council (hereinafter referred to as “the local authority”) 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 Acts, 1993- 2015, and as amended by the Planning and Development Acts, 2000-2020 , have 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 acquire compulsorily the land described in the Schedules hereto for the purposes of the construction of the proposed Ballymaquirk Junction Upgrade and all consequential and ancillary works in relation thereto.
Owners, lessees and occupiers of the land described in the Schedules will receive individual written notice.
Any objections to this order should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1, D01 V902, so as to reach the Board before 5.00pm on 19th July 2021 and should state the grounds of the objection.
The order will also authorise the local authority to extinguish the public and private rights of way described in the Third and Fourth Schedules thereto, by order made by them after they have acquired the land, where the said public and private rights of way are 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 or private rights of way should be made in writing to An Bord Pleanála, 64 Marlborough Street, Dublin 1 within 6 weeks of the publication of this notice.
The Board may at its discretion decide not to confirm—
(a) 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,
(b) an order which authorises the extinguishment of a public right of way if there is an objection to the extinguishment, which is not withdrawn,
(c) an order which authorises the extinguishment of a private 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 objections and the report of the person who held the oral hearing.
Before making its decision on an application to confirm the Compulsory Purchase Order, the Board must consider any objection(s) made and not withdrawn, any additional submissions or observations made pursuant to a request by the Board under Section 217A of the Planning and Development Act, 2000 (as amended) and in the event of an oral hearing being held, any report of the person who conducted the hearing.
An Bord Pleanala may confirm the Compulsory Purchase Order or any part thereof with or without modifications or may annul the Compulsory Purchase Order or any part thereof.
A person may question the validity of any decision by An Bord Pleanála to confirm a Compulsory Purchase Order by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts as provided for in Section 50 of the Planning and Development Acts 2000-2021. Further information can be obtained from An Bord Pleanala, 64 Marlborough Street, Dublin 1 in respect of the judicial review procedure. Further information in respect of the Judicial Review process can also be found on www.citizensinformation.ie Contact Lo Call 1890777121 or + 353 21 4521600 for details of the locations and operating hours of your local Citizens Information Centre.
A copy of the order and of the map referred to in it may be seen until the 19th July 2021 at the following locations:
- County Hall Foyer, County Hall, Carrigrohane Road, Cork T12 R2NC; Phone no: 021 427 6891
- Cork County Council National Roads Office, Richmond, Glanmire, County Cork T45 WA44; Phone no: 021 482 1046
- Cork County Council, Divisional Headquarters, Annabella, Mallow, County Cork P51 Y6YT; Phone no: 022 21123
- Cork County Council, Municipal District Office, Kanturk, County Cork P51 X466; Phone no: 029 20616
Due to Covid restrictions, appointments will be required to view the display at the locations above.