CONFIRMATION NOTICE - Kilkenny County Council Compulsory Purchase Order No. 3 of 2019 Proposed N24 Tower Road Junction Improvement Scheme (Garrynarea to Belline and Rogerstown)

opendate_range23 Sep, 2020, 9:00am - 20 Nov, 2020, 6:00pm

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, 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 ACTS, 2000-2019.

COMPULSORY ACQUISITION OF LAND

Kilkenny County Council Compulsory Purchase Order No. 3 of 2019

Proposed N24 Tower Road Improvement Scheme (Garrynarea to Belline and Rogerstown).

Notice of the Confirmation by An Bord Pleanála 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 Acts, 2000-2019; 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 Acts, 2000 to 2019.

An Bord Pleanála by order on the 5th of August 2020 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 23rd September 2020 and Friday 20th November 2020 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.

Piltown Municipal District Offices, Kilkenny County Council, Ferrybank Shopping Centre, Ferrybank, Co. Kilkenny, X91DE42; from 9am to 1pm & 2pm to 5pm Monday to Friday (Except Public Holidays), by appointment only. Contact (051) 831370 or ferrybank@kilkennycoco.ie to make an appointment.

An application for judicial review of the decision of An Bord Pleanála 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 Acts, 2000 – 2019.

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 right hand side of the screen please find the following:

1. CPO Deposited Maps.

2. CPO Schedule.

3. An Bord Pleanala Order dated 5th August 2020.

4. An Bord Pleanala Cover letter dated 6th August 2020.