PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 17 Power to vary position or direction and to fix beginning and end of new streets.

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PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 17

Power to vary position or direction and to fix beginning and end of new streets.

17.(1) The [Ministry of Development] may, on the deposit of a plan and
sections of a new street in pursuance of a byelaw ..., by order vary the
intended position, direction or termination, or level of the new street so far
as is necessary for the purpose of securing more direct, easier, or more
convenient means of communication with any other street or intended street, or
for the purpose of securing an adequate opening at either end of the new
street, or of securing compliance with any enactment or byelaw ... for the
regulation of streets and buildings.

The [Ministry of Development] may also by their order fix the points at which
the new street shall be deemed to begin or end, and the limits of the new
street as determined by the points so fixed shall have effect for the purposes
of the Public Health (Ireland) Acts, 1878 to 1907, and of any byelaws made
under those Acts ....

(2) The powers of the [Ministry of Development] under this section shall not
be exercisable in any case in which it is shown, to their satisfaction, that
compliance with their order will entail the purchase of additional lands by
the owner of the lands on which the new street is intended to be laid out, or
the execution of works elsewhere than on those lands.

(3) Where the [Ministry of Development] make an order under this section a
person shall not lay out or construct the new street otherwise than in
compliance with the order. If any person acts in contravention of this
provision, he shall be liable to a penalty not exceeding five pounds, and to a
daily penalty not exceeding [#2].

(4) The [Ministry of Development] shall pay compensation to any person
injuriously affected by the exercise by the [Ministry] of their powers under
this section.

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Northern Irish Legislation

PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 17