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[1] The applicant in this case is a resident of Glengormley who is compelled to use a wheelchair by reason of disability. The applicant has initiated these judicial review proceedings to challenge a number of decisions taken by the respondents in relation to an Orange Arch which was erected at Antrim Road Glengormley between Farmley Road and Hightown Road on 19�June 2001.
[2] The relevant articles of the Roads (Northern Ireland) Order 1993 (�the 1993 Order�) provide as follows:
[5] Article 73(8) of the 1993 Order provides that, without prejudice to the generality of paragraph (7) a consent under paragraph(2) (a) may be made subject to conditions relating to insurance, the production of certificates relating to the safety of the apparatus and a specified time limit between the erection and removal of the apparatus.
[6] Article 73(10) of the 1993 Order specifies that failure to comply with a condition to which a consent is made subject shall be a separate offence and where there is non-compliance with such a condition or conditions the Department has power, in accordance with Article 73(11) to revoke the consent, remove the relevant apparatus and recover the consequent reasonable expenses from the licencee.
[7] Article 73(9) of the 1993 Order affords an indemnity to the Department in the following terms:
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