Written answers

Wednesday, 3 May 2006

Department of Environment, Heritage and Local Government

Site Acquisitions

9:00 pm

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 539: To ask the Minister for the Environment, Heritage and Local Government if, where a local authority acquires land through a compulsory purchase order, a process of public tender is required to employ a developer to develop that land; and if a process of public sale is required to sell that compulsory purchase ordered land on to a developer. [16116/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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Normal public procurement guidelines apply in respect of the engagement by a local authority of a private party to develop land owned by that authority.

Under section 211 of the Planning and Development Act 2000, land acquired by a local authority may be sold, leased or exchanged. Subject to regulations made under subsection 211(3), the consent of the Minister for the Environment, Heritage and Local Government is required where the price or rent, or what is obtained by a local authority on an exchange, is not the best reasonably obtainable. However, article 206 of the Planning and Development Regulations 2001 provides that such Ministerial consent is not required where a local authority is of the opinion that for economic or social reasons, it is reasonable that the disposal of land be carried out in accordance with the terms specified by the authority in the notice which is required to be given to members of the authority in accordance with section 183 of the Local Government Act 2001. In such a case, the notice in question must incorporate or be accompanied by a report from the Manager setting out the economic or social reasons that apply in relation to the disposal of the land in question.

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