Barry Cowen (Offaly, Fianna Fail)
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271. To ask the Minister for Housing, Planning, and Local Government if his Department has undertaken reviews of the potential to broaden the applicability of compulsory purchase legislation in line with the national policy objective 12; the reason and the cases in which his Department is of the view the CPO legislation requires reform; the details of some of the issues with the CPO process and legislative framework as it applies to infill and brownfield development. [44385/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The draft National Planning Framework (NPF) was published at the end of September and is currently undergoing its final public consultation phase.  This is due to end in early November, following which submissions will be reviewed with a view to finalising the NPF before the end of the year. 

The draft NPF has identified that a more dynamic approach is required in relation to how land is managed, in particular in urban areas. National Policy Objective 12 highlights potential mechanisms to support urban infill/brownfield development targets. These may include the establishment of a national land development agency, and if appropriate, the broadening of the applicability of compulsory purchase (CPO) legislation in certain circumstances.

However, it should be noted that a large number of State bodies and authorities already have CPO powers, many of which are underpinned by different statutes. Considering the number of statutes involved, the complexity of the various pieces of legislation, and the 2015 judgment by Supreme Court in respect of a case in Co. Kildare, any review of CPO powers will be a significant task and will require detailed legal input to appropriately balance the constitutional property rights against the wider public interest.

In addition, the complexity of current statute law governing CPOs has been acknowledged by the Law Reform Commission which has begun a project on reform of the law of compulsory acquisition of land, as part of the Commission’s current Fourth Programme of Law Reform. This project will explore the consolidation, clarification and reform of the rules and principles on compulsory acquisition of land, with the aim of putting in place a fair, effective and efficient system. Among the matters included in the project will be:

- simplification, consolidation and codification of the law;

- the principles for the assessment of compensation on the acquisition of land or interests in land;

- time limits for implementation of a CPO; and

- submissions from third parties whose land is not being acquired.

The Commission intends to publish a consultative Issues Paper, which will describe the current law and seek views from interested parties through targeted questions around how the law might be reformed, in the coming months.  In this context, the outcomes of this LRC project will inform the assessment in my Department as to whether and what further review of CPO provisions is warranted. 

Further to the above work being conducted by the LRC, and taking account of advice from the Attorney General, I also intend to engage directly with local authorities, who have practical, on-the-ground, operational knowledge and expertise on the CPO process within their own areas, and who may be able to identify practical measures or immediate legal reforms that could be taken in the short term to improve the existing processes.