First Previous (PART VI. Compensation.) Next (PART VIII. Miscellaneous.)

28 1963

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1963

PART VII.

Acquisition of Land, etc.

Appropriation of land to purposes of functions under this Act.

74. —(1) Where—

(a) land is vested in a planning authority otherwise than for the purposes of their functions under this Act, and

(b) the planning authority are satisfied that the land should be made available for those purposes,

the planning authority may, with the consent of the appropriate Minister, appropriate the land to any of those purposes.

(2) In subsection (1) of this section “the appropriate Minister” means—

(a) if the Ministerial functions relating to the land in question are vested in a single Minister other than the Minister—that Minister,

(b) if those functions are vested in two or more Ministers (neither or none of whom is the Minister)—such one of those Ministers as has, in relation to the land, the greater or greatest concern,

(c) in all other cases—the Minister.

(3) If, in relation to paragraph (b) of the foregoing subsection, any doubt as to which one of two or more Ministers has the greater or greatest concern, the doubt shall be determined by the Minister.

Disposal of land by planning authority.

75. —(1) Any land acquired for the purposes of or appropriated under this Act by a planning authority may be sold, leased or exchanged subject to such conditions as they may consider necessary in order to secure the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or to secure the construction, erection, making or carrying out of any structures or works appearing to them to be needed for the proper planning and development of their area.

(2) The consent of the Minister shall be requisite for any sale, lease or exchange under subsection (1) of this section—

(a) in case the price or rent, or what is obtained by the planning authority on the exchange, is not the best reasonably obtainable, or

(b) in case the development proposed for the land would contravene materially the development plan,

but, save as aforesaid, shall not be requisite notwithstanding the provisions of any other enactment.

(3) Capital money arising from the disposal of land under subsection (1) of this section shall be applied for a capital purpose for which capital money may be properly applied.

(4) (a) Where, as respects any land acquired for the purposes of or appropriated under this Act by a planning authority, the authority consider that they will not require the use of the land for any of their functions for a particular period, the authority may grant a lease of the land for that period or any less period and the lease shall be expressed as a lease granted for the purposes of this subsection.

(b) Neither the Landlord and Tenant Acts, 1931 and 1958, nor the Rent Restrictions Act, 1960 , shall apply in relation to a lease granted as aforesaid for the purposes of this subsection.

Extinguishment of public right of way.

76. —(1) A planning authority may, with the approval of the Minister, by order extinguish a public right of way, but an order made under this subsection shall be published in the prescribed manner, and the Minister shall not approve the order until he has caused a public local inquiry to be held and has considered any objections to the order not withdrawn and the report of the person who held the inquiry.

(2) Subsection (1) of this section does not apply to a public right of way over land acquired compulsorily by a planning authority for the purposes of this Act if the order authorising the compulsory acquisition authorised the extinguishment of such right of way.

Development by planning authority, etc.

77. —(1) A planning authority may develop or secure the development of land and, in particular and without prejudice to the generality of the foregoing, may—

(a) secure, facilitate and control the improvement of the frontage of any public road by widening, opening, enlarging or otherwise improving,

(b) develop any land in the vicinity of any road or bridge which it is proposed to improve or construct,

(c) provide areas with roads and such services and works as may be needed for development,

(d) provide areas of convenient shape for development,

(e) secure or carry out, as respects obsolete areas, the development or renewal thereof and the provision therein of open spaces,

(f) secure the preservation of any view or prospect, any structure or natural physical feature, any trees subject to a tree preservation order, any site of geological, ecological or archaeological interest or any flora or fauna subject to a conservation order.

(2) A planning authority may provide—

(a) sites for the establishment or relocation of industries, businesses (including hotels, motels and guest-houses), dwellings, offices, shops, schools, churches and other community facilities and of such buildings, premises, dwellings, parks and structures as are referred to in paragraph (b) of this subsection,

(b) factory buildings, office premises, shop premises, dwellings, amusement parks and structures for the purpose of entertainment, caravan parks, buildings for the purpose of providing accommodation, meals and refreshments, buildings for providing trade and professional services and advertisement structures,

(c) any services which they consider ancillary to anything which is referred to in paragraphs (a) and (b) of this subsection and which they have provided,

and may maintain and manage any such site, building, premises, dwelling, park, structure or service and may make any charges which they consider reasonable in relation to the provision, maintenance or management thereof.

(3) A planning authority may, in connection with any of their functions under this Act, make and carry out arrangements with any person or body for the development or management of land.

(4) For avoidance of doubt it is hereby declared that the powers which a planning authority may exercise pursuant to section 10 of the Local Government (No. 2) Act, 1960 , with respect to compulsory acquisition for the purposes of any of their functions under this Act apply in relation to anything which is specified in subsection (1) of section 2 of this Act as being included in “land”.

Public notice of development proposed to be carried out by certain local authorities.

78. —Regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by local authorities who are planning authorities may—

(a) require the authority to give public notice in any specified manner of development which they propose to carry out,

(b) require the inclusion in any such notice of an invitation for the making by interested persons of objections to the proposed development,

(c) in cases where any such objection is made and is not withdrawn, require the authority to have the consent of the Minister before carrying out the proposed development.

Amendment of Landlord and Tenant Acts, 1931 and 1958.

79. —(1) “business” in the Landlord and Tenant Act, 1931 , shall include the carrying out by a planning authority of any of their functions.

(2) Subsection (1) of section 22 of the Landlord and Tenant Act, 1931 , is hereby amended by the insertion after paragraph (b) of the following paragraph:

“(bb) that, such landlord being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, such tenement or any part thereof is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area, or”.

(3) Subsection (1) of section 15 of the Landlord and Tenant (Reversionary Leases) Act, 1958 , is hereby amended by the addition of “or alternatively, being a planning authority within the meaning of the Local Government (Planning and Development) Act, 1963, satisfies the Court that, in case the reversionary lease would be a lease of the whole of the land, the land or any part of the land is situate in an area in respect of which the development plan within the meaning of that Act indicates objectives for its development or renewal as being an obsolete area or that, in case the reversionary lease would be a lease of part of the land, that part or any part of that part is situate in such an area”.