Confirmation Notice. Compulsory Purchase Order No 1 of 2020. N77 Ballyragget to Ballynaslee Road Improvement Scheme (Ballyconra to Ballynaslee)
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, TO BE PUBLISHED IN ACCORDANCE WITH ARTICLE 4 (a) OF THE THIRD SCHEDULE TO THE HOUSING ACT, 1966, AS AMENDED BY THE PLANNING AND DEVELOPMENT ACT 2000, AS AMENDED.
COMPULSORY ACQUISITION OF LAND
Kilkenny County Council Compulsory Purchase Order No. 1 of 2020 - N77 Ballyragget Village to Ballynaslee Road Improvement Scheme (Ballyconra to Ballynaslee)
Notice of the Confirmation by Kilkenny County Council of a COMPULSORY PURCHASE ORDER made in accordance with 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 Act 2000, as amended; Local Government Acts, 1925-2019; Roads Acts 1993-2015; Section 10 of the Local Government (Ireland) Act 1898 (as amended) and all other Acts.
Published in accordance with Section 78(1) of the Housing Act, 1966, as amended by the Planning and Development Act 2000, as amended.
Kilkenny County Council by order on the 6th May 2021 confirmed the Compulsory Purchase Order without modifications. The said order, as so confirmed, authorises the COUNTY COUNCIL OF THE COUNTY OF KILKENNY to acquire the said land compulsorily as respects the land described in the Schedule hereto. It will become operative three weeks from the date of publication of this notice. A copy of the order as so confirmed and of the map referred to in it may be viewed between Wednesday 19th May 2021 and Friday 16th July 2021 at the following locations:
The consultation website of Kilkenny County Council at https://consult.kilkenny.ie
Planning Department, Kilkenny County Council, County Hall, John Street, Kilkenny, A95A397; from 9am to 1pm & 2pm to 4pm Monday to Friday (Except Public Holidays), by appointment only. Contact (056) 7794010 or planning@kilkennycoco.ie to make an appointment.
An application for judicial review of the decision of Kilkenny County Council under Order 84 of the Rules of the Superior Courts (S.I. No.15 of 1986) may be made to the High Court within eight weeks of the date of publication of this notice in accordance with Section 50 of the Planning and Development Act, 2000, as amended.
The Court;
(a) may by interim order suspend the operation of the compulsory order as so confirmed either generally or in so far only as it affects any property of the applicant until the final determination of the proceedings; and
(b) if satisfied upon the hearing of the application that the compulsory purchase order as so confirmed is not within the powers of the Housing Act, 1966 (as amended), or that the interests of the applicant have been substantially prejudiced by any requirement of the Act not having been complied with, may quash the order as so confirmed either generally or in so far only as it affects any property of the applicant.
General Information on Judicial Review Procedures is contained on the following website. www.citizensinformation.ie
Owners, lessees and occupiers of the land described in the Schedule will receive individual written notice.
On the top right hand side of the screen please find the following:
(1) CPO Deposit Maps
(2) CPO Schedule
(3) Cover Letter from An Bord Pleanala confirming open to Kilkenny County Council to confirm the CPO
(4) Kilkenny County Council Chief Executives Order confirming the CPO
Dated: 19th May 2021.
Anne Maria Walsh,
County Secretary,
Kilkenny County Council.