PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 78



78.(1) Where in relation to a road an order has been made under Article 77,
the Ministry may carry out and maintain any such works on or in the road, or
place on or in it any such objects or structures, as appear to it to be
expedient for the purposes of giving effect to the order or of enhancing the
amenity of the road and its immediate surroundings or to be otherwise
desirable for a purpose beneficial to the public.

(2) The powers exercisable by the Ministry under this Article shall extend to
laying out any part of the road with lawns, trees, shrubs and flower beds and
to providing facilities for recreation or refreshment.

(3) The Ministry may so exercise its powers under this Article as to restrict
the access of the public to any part of the road, but shall not so exercise
them as

(a)to prevent persons from entering the road at any place where they could
enter it before the order under Article 77 was made; or

(b)to prevent the passage of the public along the road; or

(c)to prevent normal access by pedestrians to premises adjoining the road; or

(d)to prevent any use of vehicles which is permitted by an order made under
that Article and applying to the road; or

(e)to prevent statutory undertakers from having access to any works of theirs
under, in, on, over, along or across the road.

(4) An order under Article 77(7) may make provision requiring the removal of
any obstruction of the road resulting from the exercise by the Ministry of its
powers under this Article.

(5) A district council may, with the consent of the Ministry, exercise any of
the powers of the Ministry under this Article.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 78