The Roads (Northern Ireland) Order 1993

Development of land

Development of land for resettlement of undertakings

115.—(1) The Department may, for the purpose mentioned in Article 111(1)—

(a) develop any land to which this Article applies, whether by the erection or extension of buildings, the carrying out of works, the provision or facilitation of the provision of means of access, services or other facilities, or otherwise;

(b) enter into an agreement with any person for the development in any manner described in sub-paragraph (a) of any land to which this Article applies.

(2) This Article applies to—

(a) any land appropriated by the Department under Article 114(1) for the purpose mentioned in Article 111(1); and

(b) any land acquired by the Department under Article 111(1).

Execution of works in connection with roads

116.—(1) The Department may carry out—

(a) on land acquired by it under this Part;

(b) on any other land belonging to it;

(c) on any road,

works for mitigating any adverse effect which the construction, improvement, alteration, existence or use of a road has, or will have, on the surroundings of the road.

(2) Without prejudice to the generality of paragraph (1), the works that may be carried out under that paragraph include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland.

(3) Notwithstanding anything in the Land Clauses Consolidation Act 1845(1), the Department may develop or redevelop any land acquired by it under this Part, or any other land belonging to it, for the purpose of improving the surroundings of a road in any manner which it thinks desirable by reason of its construction, improvement, alteration, existence or use.

Agreements as to use of land near roads

117.—(1) For the purpose of mitigating any adverse effect which the construction, improvement, alteration, existence or use of a road has or will have on the surroundings of the road, the Department may enter into an agreement with any person interested in land adjoining or in the vicinity of the road for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement.

(2) An agreement under this Article may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.

(3) An agreement under this Article may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the Department to be necessary or expedient for the purposes of the agreement.

(4) Subject to Part X of the Land Registration Act (Northern Ireland) 1970(2), the provisions of any agreement made under this Article with any person interested in land shall be binding on persons deriving title from that person in respect of the land.

(1)

1845 c. 18

(2)

1970 c. 18 (N.I.)