Joanna Tuffy (Dublin Mid West, Labour)
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Question 302: To ask the Minister for the Environment, Heritage and Local Government the position regarding the commitment in the Programme for Government to bring forward legislation on foot of the recommendations of the All-Party Committee on the Constitution on property rights that was published in 2004; and if he will make a statement on the matter. [34027/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 303: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 to implement the Kenny report; and if he will make a statement on the matter. [34028/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 304: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that all transaction details be gathered and published by the State, all lands be registered by a specified date; and if he will make a statement on the matter. [34030/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 305: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that the Government devise a scheme whereby local authorities can secure the release of development lands where development of the land is not being actively pursued by the developers; and if he will make a statement on the matter. [34031/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 306: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that in case of compulsory purchase orders relating to the provision of social and affordable housing public bodies should not have to pay the full market value of the land acquired; and if he will make a statement on the matter. [34032/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 307: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 to establish a national forum on the built environment; and if he will make a statement on the matter. [34033/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 308: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that strategic transport, sewerage and water supply infrastructural projects should be regulated by a specific statute and there should be a one stop shop planning procedure for them; and if he will make a statement on the matter. [34034/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 309: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that legislation relating to compulsory purchase rules and procedures be consolidated and reconfigured in a form that could be attached to any statute giving compulsory purchase powers to an authority; and if he will make a statement on the matter. [34036/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 310: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that the right to compensation for the acquisition of property below a specified depth under the surface be removed; and if he will make a statement on the matter. [34037/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 311: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that guidelines on residential density be subject to a monitoring review of their impact and their integration into the policies of planning authorities; and if he will make a statement on the matter. [34038/08]

Joanna Tuffy (Dublin Mid West, Labour)
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Question 312: To ask the Minister for the Environment, Heritage and Local Government the steps taken to implement the recommendation contained in the All-Party Committee on the Constitution ninth progress report on property rights published in 2004 that research be commissioned into the indirect and direct costs of rural housing; and if he will make a statement on the matter. [34039/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 302 to 312, inclusive, 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 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.

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. It is anticipated that the Bill will be drafted by the end of 2008.

The General Scheme also provides for the mandatory registration of land purchase options by the Property Registration Authority, a statutory body operating under the aegis of the Minister for Justice, Equality and Law Reform. The registration and publication of information on property transactions generally would appear to be a matter for consideration by that Authority in the first instance. I am considering what other mechanisms might be appropriate to achieve the goals of the "Kenny Report".

The APOCC recommended the establishment of a body drawn from planning, construction, property and environmental interests, as well as State regulatory bodies concerned with planning, to meet as a national forum which would aim to inform national planning policy based on experience and research commissioned from appropriate research agencies. The Housing Forum, first established under the Programme for Economic and Social Progress, was reconstituted under the National Agreement Towards 2016 in December 2006, and continues to provide the social partners with an opportunity to contribute to housing policy development. In addition, the Towards 2016 Review and Transitional Agreement 2008-2009 provides that a High Level Working Group involving representatives of the Social Partners will be established to consider, within overall Government economic and budgetary policy, measures for achieving more balanced regional development, including progress in implementation of the National Spatial Strategy, taking account of the analysis by the NESC.

The Strategic Infrastructure Act, which has been fully in force since 31 January 2007, amended the Planning and Development Act 2000 to provide for:

the introduction of a streamlined 'strategic consent process' for strategic infrastructure of national importance provided by statutory bodies and private promoters, and

the restructuring of An Bord Pleanála to allow for the establishment of a Strategic Infrastructure Division to handle all major infrastructure projects.

The types of infrastructure eligible to be considered under this Act include major transport, environmental, and energy related projects. The final decision as to whether a particular project will be processed under the Strategic Consent Process is a matter in each case for An Bord Pleanála having regard to specified criteria as laid down in the Act.

Notwithstanding its recommendations, the APOCC acknowledged that legislation on compulsory acquisition of land provides a sophisticated and subtle set of rules that brings considerable rigour to the assessment of compensation, and provides an exacting but fair arbitration system for determining such compensation. This legislation is supported by a very significant body of case law that has established relevant precedent and principles across a very wide range of circumstances. The consolidation and amendment of this legislation would be a major and very time-consuming task, and I am satisfied that this is not a legislative priority. Accordingly, I have no proposals to undertake such an initiative at this time.

The Strategic Infrastructure Act 2006 amended the rules of compulsory acquisition to provide that the value of any land lying 10 metres or more below the surface is to be taken to be nil, unless it can be shown to be of greater value by a claimant.

Following a review by an expert steering group, draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas were published for public consultation in February 2008 and are intended to replace the 1999 Residential Density Guidelines. These draft guidelines are accompanied by an Urban Design Manual that illustrates essential criteria and best practice for sustainable urban residential development. It is intended to finalise the guidelines before the end of this year and to publish them under section 28 of the Planning and Development Act 2000, which requires planning authorities and An Bord Pleanála to have regard to them in the performance of their functions.

While my Department has appropriate links with academic institutions to inform and assist policy-making in the broad area of rural and regional planning, no specific research has been commissioned by my Department to date into the direct and indirect costs of rural housing. I have no proposals at this time to commission such research.