Motorways and the requirement for consent under section 53 of the Roads Act

If there are proposed works by any State authority, statutory undertaker or local authority for new infrastructure along, adjoining, in, on, under or over a motorway, consent under Section 53 of the Roads Act is required from National Roads Authority (TII).

Note: This may include non-national roads where they cross over or under a motorway.

Roads Act 1993

Control of works by a State authority, statutory undertaker or local authority.

53.—(1) ( a ) The powers conferred on any State authority, statutory undertaker or local authority by or under any enactment to carry out works along, adjoining, in, on, under or over any land shall not be exercised by that authority or undertaker in relation to any land comprised in a motorway, busway or protected road otherwise than with the consent of the Authority (in the case of a national road) or the Minister (in the case of a regional road or a local road).

( b ) Paragraph (a) shall not apply to the carrying out by a road authority of any functions assigned to it by or under any enactment (including this Act) relating to the construction or maintenance of public roads.

( c ) (i) The carrying out by a State authority, statutory undertaker or local authority of emergency works necessary to eliminate or reduce danger or risk to persons or property or of maintenance works shall not require consent under paragraph (a). (ii) In subparagraph (i) "maintenance works" includes the inspection, repair, renewal or removal of the works referred to in paragraph (a), but does not include the relocation of those works. (iii) A road authority may issue a direction to a State authority, statutory undertaker or local authority in relation to the works referred to in subparagraph (i) and the authority or undertaker shall comply with this direction.

Note: Maintenance or removal of statutory undertakers’ infrastructure does not require TII consent under section 53 of the Roads Act.

For further information in relation to obtaining consent under Section 53 of the Roads Act from TII, please contact us by email at thirdpartyworks@tii.ie