S.L. 552.7 Art. 5Applications for changes to the alignment of roads and buildings in the official alignment or Subsidiary Plans.

(1) When an application involves a change to the alignment of roads and buildings as provided in article 54(4)(a) of the Act, the Authority shall follow the procedure set out in this regulation.

(2) The Authority shall publish details of the application, including the name of the applicant, by a notice on site and in one local newspaper, giving the opportunity to interested parties to make representations, in writing to the Authority, within fifteen days of the date of the publication of the notice: Provided that the Authority may, when it considers it expedient to do so, extend the aforesaid period up to thirty days and in such case it shall give notice of such extension in the said publication.

(3) The Authority shall serve a copy of the application and of the site plan on the local council in whose locality the site lies.

(4) The Authority shall determine the application not later than sixteen weeks from the date of receipt of all documentation and submissions in accordance with these regulations, provided that the period of time required for the preparation of the plans mentioned in regulation 4(4) shall not be considered as forming part of this period.

(5) In determining the application, the Authority shall have regard to the official alignment or Subsidiary Plans, to representations made in response to the publication of the application and to any other material consideration.

(6) The Authority shall have the power to grant or refuse an application, and in granting such application, it may approve the proposal with or without modifications as it deems fit, but the Authority shall give reasons for its refusal or for any modifications imposed by it: Provided that where the Authority decides to modify the proposal, any person who has made written objections to the proposal shall be informed by the Authority and shall be invited to be present at the Authority’s sitting when such application shall be discussed.

(7) The Authority shall communicate its decision to the applicant, and to any third parties who made representations on the application in accordance with subregulation (2), not later than two weeks from the date on which the decision was made:

Provided that the decision shall not be communicated in accordance with the provisions of this regulation until the applicant has paid the relative fees established from time to time by the Authority to cover the share of the expenses set out by the Authority related to the infrastructural contributions.