BIG READ: Funding on the way for Carlow Relief Road Scheme as Council get over first hurdle
'The advice is for Carlow and Laois County Councils to consider the project as a whole...'
Carlow councillors have approved a Section 85 agreement with Laois County Council for the purpose of progressing the Carlow Relief Road Scheme - the first hurdle in completing the project.
As the road project is in both Carlow and Laois the Section 85 is for Carlow's local authority to be formally granted permission for the construction of the road - in agreement with the Laois local authority - as it is willing to perform the function.
A Southern Relief Road of Carlow Town is included as a "project currently subject to appraisal under National Strategic Outcome 3 of Project Ireland 2040 - National Development Plan 2018-2027".
The construction of a proposed Relief Road has long been an objective of both Carlow and Laois County Council and now the local authority have been given indications that funding will be made available for completion of the project.
At the May meeting of the Council, Cllr Fergal Browne said "this is good news" but he was disappointed that "only 800m" of road from the Wexford Road Roundabout to the Eire Óg Road has remained incomplete.
Director of Services, Dan McInerney, said as they move into CPO for the project it is important that the Council has its "i's dotted and t's crossed" and don't get accused of project splitting.
"It is one big project," he said.
The Southern Relief Road Scheme will involve a road linking the N9 (now R448) Carlow to Kilkenny Road at Mortarstown with the R725 Carlow to Tullow Road at Chapelstown.
It was first advertised in accordance with the requirements of Local Government planning laws on February 7, 2004.
The then scheme was considered and approved by Carlow County Council at its meeting held on July 5, 2004.
In a report to members, Ray Wickham, senior engineer at the Council, said: "A long period of time has elapsed since 2004.
"The intervening time has seen much new legislative provisions pertaining to appropriate assessment, environmental and ecological considerations.
"Considering recent case history and procurement rules it is the consensus of the Department of Transport, Tourism and Sport, Carlow and Laois County Councils that there is a highly likely risk that the 2004 Part VII permission would be challenged, (on legal, environmental or other grounds), in the context of a CPO process.
"Such a challenge would have the potential to lead to extensive and potentially expensive delays."
He added: "The Department has outlined its recognition and commitment towards this scheme, highlighting the necessary steps to be taken to progress the project to a successful conclusion involved.
"The advice is for Carlow and Laois County Councils to consider the project as a whole, extending from the already constructed portion of roadway located at the Junction with the R726 (Hacketstown Road) orbiting Carlow Town to the south crossing the N80, the Railway line, the R448, the River Barrow, the Local & Regional road network and joining with the already constructed portion in Laois.
"This is a major development and consideration of the project as a whole will rule out the potential of "Project Splitting" challenges. Therefore, it is the view of DTTAS that the overall project be considered as a whole.
"By virtue of the fact that the majority of the project is located within the jurisdiction of Carlow County Council, Carlow County Council is best placed to administer this project.
"To formalise this arrangement, it will be necessary for Carlow County Council to enter a formal agreement with Laois County Council in accordance with Section 85, of the Local Government Act 2001."
Members approved the Section 85 agreement at the May meeting by a show of hands.