Written answers

Tuesday, 20 May 2008

Department of Environment, Heritage and Local Government

Proposed Legislation

9:00 pm

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 557: To ask the Minister for the Environment, Heritage and Local Government the progress made in regard to the commitment given in the Programme for Government to bring forward legislation on the foot of the recommendations of the All-Party Committee on the Constitution on property rights. [19376/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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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 1970's have not proceeded with such a scheme.

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. The General Scheme also provides for mandatory registration of, and the imposition of a levy on, land purchase options. It is anticipated that the Bill will be drafted not later than the end of 2008.

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.

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