Written answers

Wednesday, 14 November 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 57: 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. [28690/07]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 82: To ask the Minister for the Environment, Heritage and Local Government if he will bring in legislation in line with the recommendations of the Kenny report and the Ninth Progress Report of the All Party Oireachtas Committee on the Constitution to empower local authorities to compulsorily acquire land on it being zoned for residential development at agricultural value or its existing use value plus 25%; and if he will make a statement on the matter. [28695/07]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 227: To ask the Minister for the Environment, Heritage and Local Government when he will introduce the Designated Land (Housing Development) Bill; if it will provide for a use it or lose it scheme when he launched the housing policy document, Delivering Homes, Sustaining Communities; and if he will elaborate further on the intended provisions of the Bill. [28840/07]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 228: To ask the Minister for the Environment, Heritage and Local Government when he intends introducing the Designated Land (Housing Development) Bill; if he will provide for a use it or lose it scheme (details supplied); and if he will make a statement on the matter. [28865/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 57, 82, 227 and 228 together.

As indicated in reply to Question Nos. 149 and 156 of 10 October 2007, 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 plus 25%, 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, which is under consideration by the Office of the Parliamentary Counsel, 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.

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.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Question 58: To ask the Minister for the Environment, Heritage and Local Government when legislation will be introduced to provide for the independent electoral commission to take responsibility for electoral administration and oversight as promised in the programme for Government; and if he will make a statement on the matter. [28682/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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The Agreed Programme for Government contains a commitment to the establishment of an independent Electoral Commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling electoral register, take over the functions of the Standards in Public Office Commission relating to election spending, and examine the issue of financing the political system. I will be developing appropriate proposals as soon as possible to take forward this extensive and complex agenda.

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