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Private Streets (Northern Ireland) Order 1980
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[F1Adoption of streets on request of, or with consent of, owners or occupiers of adjoining landN.I.
9.—(1) This Article shall not apply to any street in respect of which the Department has exercised street planning functions, unless the Department has granted the request in an application under Article 7(4A) in respect of the street.]
(2) Where with respect to a street or part of a street not being a public road—
(a)the Department is of the opinion that the street should become a public road, and a majority of the owners or occupiers of the land in or adjoining such street consent thereto in writing; or
(b)a majority of such owners or occupiers request in writing that the street should become a public road and the Department is of the opinion that the request should be granted;
then, if the Department is satisfied that the street is in all respects fit and proper to become a public road, the Department may declare the street to be a public road and the street shall be a public road from the date of the declaration.
(3) Where a street meets the conditions set out in paragraph (2)( a) or ( b) but the Department is not satisfied that the street is in all respects fit and proper to become a public road, the Department may, in exceptional circumstances of such a kind as it may determine, declare the street to be a public road, and the street shall be a public road from the date of the declaration.
(4) Where an application is made to the Department to declare a street to be a public road and the Department is of the opinion that the request should not be granted the Department shall issue notice to that effect to the applicant giving such reasons as it considers appropriate.
(5) Before determining an application under this Article, the Department may, or if the applicant so requests within 28 days from the date of the notice under paragraph (4) shall, afford to him an opportunity of appearing before and being heard by a person appointed for that purpose by the Planning Appeals Commission and considered by it to be qualified in that behalf.
(6) Where a hearing is held under paragraph (5), the Department shall consider any recommendations made by the person appointed under that paragraph.
(7) The decision of the Department on any such application shall be final.
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