Article 15 of the 1993 Order makes provision for the Department for Regional Development ("DRD") to designate an existing road, a road under construction or a road proposed to be constructed as a special road for the purposes of the 1993 Order. A Designation Order essentially takes the place of planning permission in the case of roads. Article 15(3) makes provision that a designation order may authorise the DRD to construct a new road where it appears to the DRD to be necessary or desirable for any purpose connected with a special road.
Schedule 8 to the 1993 Order sets out the procedure for making a Designation Order under Article 15. DRD must advertise the proposed Designation Order and allow the public to examine it together with any relevant map or plan for up to 30 days and to make objections within that period. DRD must also inform a number of named bodies at the same time. If objections are received in relation to the application from one of the named bodies and the objection is not withdrawn, DRD must cause a local inquiry to be held. If the objection is received from someone other than one of the named bodies, DRD can decide whether or not a public inquiry is necessary. DRD may then make the Designation Order either without modifications or subject to modifications after considering any objections received to the proposed Order which are not withdrawn and the report of the person who held any public inquiry (if applicable).