PART IVIMPROVEMENT AND SAFETY OF ROADS
Safety of roads
Retaining walls57
1
This Article applies to a retaining wall any part of which is within 6 metres of a road and which—
a
is at any point of a height of one metre or more above the level of the ground at the boundary of the road nearest that point; or
b
serves, or is intended to serve, as a support for earth or other material which supports a road.
2
No retaining wall, being a wall which when erected will be a retaining wall to which this Article applies, shall be erected otherwise than in accordance with plans, sections and specifications approved by the Department.
3
Any person who erects a retaining wall in contravention of paragraph (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Where—
a
a retaining wall to which this Article applies by virtue of paragraph (1)(a) is in such a condition as to constitute a danger to persons using the road; or
b
a retaining wall to which this Article applies by virtue of paragraph (1)(b) is in such a condition as to constitute a danger to the support and stability of a road,
the Department may, by notice served on the owner or occupier of the land on which that wall is situated, require him to carry out such works as will obviate the danger.
5
Any person aggrieved by the refusal of the Department to give its approval under paragraph (2) may, within 21 days of receiving notice thereof, appeal to the planning appeals commission by notice in writing under this Article.
6
Paragraphs (2) and (3) of Article 84 apply to an appeal under this Article as they apply to an appeal under that Article.
7
In this Article “retaining wall” means a wall, not forming part of a permanent building, which serves, or is intended to serve, as a support for earth or other material on one side only.