The Roads (Northern Ireland) Order 1993

Construction of permitted means of access to a road

80.—(1) Subject to paragraphs (2) and (3), any person who, without the consent of the Department, constructs any permitted means of access to—

(a) a trunk road or classified road from agricultural land; or

(b) any other road,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Paragraph (1) does not apply—

(a) if planning permission has been granted in respect of the construction of the means of access; or

(b) to anything done for the sole purpose of repairing any lawful work or of restoring it to substantially the form in which it was at any time within the preceding 3 years.

(3) Sub-paragraph (b) of paragraph (1) does not apply if the means of access is constructed in compliance with such requirements as to the siting and layout of means of access to roads of the kind mentioned in that sub-paragraph as may be prescribed by regulations made by the Department.

(4) Where—

(a) a person has constructed a means of access in contravention of paragraph (1); and

(b) the Department considers that the existence or use of the means of access constitutes a danger to persons using the road,

then, (whether or not proceedings are instituted for an offence under that paragraph) the Department may—

(i) stop-up the means of access and carry out such other works as are necessary to obviate the danger, and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(5) Where a person has constructed a means of access in contravention of paragraph (1), the Department may serve on that person a notice requiring that the means of access be stopped-up; and where, within 21 days from the date on which a notice is served on any person under this paragraph, a means of access is stopped-up in compliance with the notice, that person shall not be liable to prosecution for an offence under paragraph (1) in respect of that means of access.

(6) Any person, other than a person exercising a public right of way on foot, who uses a means of access stopped-up under paragraph (4) or in compliance with a notice under paragraph (5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where—

(a) a person is convicted of an offence under paragraph (1); and

(b) he does not, within such period as the court may allow, remove any means of access constructed in contravention of that paragraph and make good any damage to the road,

then the Department may itself—

(i) remove that means of access and make good any damage to the road; and

(ii) recover from that person any expenses thereby reasonably incurred by it.

(8) A consent under paragraph (1) may be given by the Department where it is satisfied that the safety or convenience of traffic using the road, or which may be expected to use the road, will not thereby be prejudiced.

(9) A consent under paragraph (1) shall be given subject to such conditions as seem to the Department to be adequate for securing—

(a) the proper completion of the means of access and reinstatement of the road; and

(b) the safety and convenience of traffic.

(10) Without prejudice to the generality of paragraph (9), a consent under paragraph (1) may be given subject to conditions—

(a) designed to ensure—

(i) safe access to the road for traffic likely to use the road as a result of the construction of the means of access; and

(ii) the provision of adequate accommodation adjoining the road for vehicles which, by waiting to load or unload or otherwise using the road for any purpose relating to the construction of the means of access, might reasonably be expected to obstruct the traffic on the road;

(b) requiring the deposit by the person to whom the consent is given of a sum of money as security for the completion of the means of access to which the consent relates;

(c) requiring the person to whom the consent is given to insure against such risks in connection with the construction of the means of access to which the consent relates as the Department may specify.

(11) Any person who—

(a) constructs a means of access in pursuance of a consent given under paragraph (1); and

(b) fails to comply with any condition subject to which that consent was given,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(12) Where it appears to the Department that a person has contravened paragraph (11), then (whether or not proceedings are instituted for an offence under that paragraph), the Department may—

(a) revoke the consent given to that person under paragraph (1);

(b) remove any means of access constructed in pursuance of that consent and make good any damage to the road; and

(c) recover from that person any expenses thereby reasonably incurred by it.

(13) In this Article—

• “agricultural land” has the same meaning as in the Agriculture Act (Northern Ireland) 1949(1);

• “constructing a means of access” includes forming, laying out or altering that means of access;

• “development order” has the same meaning as in the Planning Order;

• “permitted means of access” means a means of access the construction of which would be permitted by a development order.

(1)

1949 c. 2 (N.I.)