Seanad debates

Thursday, 18 June 2015

Commencement Matters

Derelict Sites

10:30 am

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

I thank Senator Landy for raising this matter, in which I have a deep interest. The Senator is quite correct to bring a focus on derelict sites to the Seanad, as they are a blight on our towns and villages. Local authorities have a statutory responsibility to deal with them. From my own knowledge, having been a member of a local authority for several years, there is nothing worse or more frustrating for community groups, such as the Carrick-on-Suir community group the Senator mentioned, which are working hard to improve their towns and the appearance of their community, than to have a derelict site right in the middle of their town or village. It is unacceptable and local authorities have a statutory role to deal with such sites.

Section 9 of the Derelict Sites Act 1990 provides that it shall be the duty of every owner and occupier of land, including a statutory body and a State authority, to take all reasonable steps to ensure that the land in question does not become, or does not continue to be, a derelict site. In this connection, the term "statutory body" includes local authorities, harbour authorities, vocational education committees, as well as State boards and bodies established under any statute. Section 10 of the Act further places a specific obligation on local authorities to take all reasonable steps to ensure that any land within their functional area does not become, or continue to be, a derelict site.

For the purposes of the Act, a derelict site is defined as: any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.

Local authorities have substantial powers under the Act, including powers to establish a register of derelict sites in their functional areas; requiring owners or occupiers of sites to take specific measures which the authority considers necessary to address the dereliction within specified time-frames; to acquire a site by agreement or compulsorily in certain circumstances; and to impose an annual derelict sites levy at a rate of 3% of the market value of a site on registered sites in urban areas or other areas prescribed by the Minister for the Environment, Community and Local Government to be an urban area for the purposes of the Act.

As required under section 8(6) of the Derelict Sites Act 1990, my Department requests each local authority to submit, on an annual basis, its derelict sites register in respect of the previous calendar year. The most recent information held by my Department in this regard covers the year 2013.

Under section 8(5) of the Derelict Sites Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. I would encourage members of the public to look for this register and create awareness in communities, which would put the pressure on local authorities to ensure they are pursuing these derelict sites.

For the information of the Senator, my Department has compiled a report which I will provide to him, summarising the information returned from local authorities in respect of 2013. This report addresses, on a county-by-county basis, the number of derelict sites on the records of each local authority; and the amount of levy collected on an individual local authority basis. By way of summary, the report indicates that nationally there were 1,755 derelict sites on the local authority registers on 1 January 2013; 143 new sites were added to the local authority registers during that year; and 187 sites were removed from the local authority registers during 2013, which left a total number of 1,711 sites nationally on the local authority derelict sites register.

Information is not held in my Department on the number of sites on the respective local authority registers, which are in the ownership of local authorities, or how these sites are treated under the Derelict Sites Act. The administration and implementation of the Act at a local level is a matter for the respective local authorities and I have no function in this regard.

The Senator has made a very pertinent point regarding local authority-owned lands and I share some of his concerns. Elected members have a mandate to represent communities and I would urge local councillors to ensure that those lands owned by their authorities are put to beneficial use if at all possible. This is something I feel strongly about in terms of urban regeneration. The Senator has mentioned that the Bill will be coming before the Seanad shortly, at which time there will be further opportunity to debate these issues.

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