Written answers

Wednesday, 10 October 2007

Department of Environment, Heritage and Local Government

Proposed Legislation

9:00 pm

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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Question 149: To ask the Minister for the Environment, Heritage and Local Government when he plans to introduce legislation on foot of the recommendations of the All Party Committee on the Constitution on property rights; and if he will make a statement on the matter. [22818/07]

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael)
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Question 156: To ask the Minister for the Environment, Heritage and Local Government when he will legislate to allow for the compulsory purchase of land by local authorities at agricultural or existing value plus 25% for the purpose of social or affordable housing; and if he will make a statement on the matter. [22742/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 149 and 156 together.

The principal recommendation in the Ninth Progress Report of the All Party Oireachtas Committee on the Constitution (APOCC), on Private Property, was for the implementation of the central proposal of the 1973 majority "Kenny Report", a "designated area scheme" under which local authorities would be empowered to compulsorily acquire land for general development purposes, at its existing use value plus25%, rather than at open market value. In the light of a range of substantive legal, practical and financial considerations, successive Governments since the 1970s have not proceeded with such a scheme, and I have no proposals to do so.

However, the Government has approved the drafting of a Designated Land (Housing Development) Bill to provide for a "use it or lose it" scheme. The General Scheme of the Bill provides for—

powers for planning authorities to enter into a binding agreement with, or impose requirements on, the owners of designated land in order to bring such land into housing development;

an amended compensation mechanism whereby designated land, if not developed in agreement with, or in accordance with requirements imposed by, the relevant planning authority, could be compulsorily acquired at below market value; and

as a possible alternative to compulsory acquisition, the imposition by planning authorities of an annual development incentive levy on designated land.

€18 billion is being made available under the National Development Plan (NDP) to support expanded social and affordable housing programmes. As a result, it is estimated that the housing needs of some 140,000 households will be met over the life of the NDP. Activity under these programmes has increased significantly this year. With some 4,350 units delivered, output of social and affordable housing for the first half of 2007 is up 24% on same period in 2006; this includes an increase of 51% in the delivery of housing units under Part V of the Planning and Development Act 2000.

The APOCC report recommended, inter alia, that—

there should be a 'one stop shop' planning procedure for strategic infrastructural projects,

the right to compensation for the acquisition of property rights below a specified depth under the surface should be removed, and

the existence of land purchase options should be made public to achieve transparency in property markets generally.

The Strategic Infrastructure Act 2006—

introduced a streamlined planning consent procedure for strategic infrastructure developments, and

amended the rules of compulsory acquisition to provide that the value of any land lying 10 metres or more below the surface shall be taken to be nil, unless it can be shown to be of greater value by a claimant.

The General Scheme referred to above also provides for mandatory registration of, and the imposition of a levy on, land purchase options.

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