Written answers

Tuesday, 22 June 2021

Department of Housing, Planning, and Local Government

Local Authorities

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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297. To ask the Minister for Housing, Planning, and Local Government if a local authority can sell a portion of land zoned residential to a primary school to develop a children’s playground at below market value; the process this would require; and if he will make a statement on the matter. [32957/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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It is a matter for each individual local authority to decide on the utilisation of its assets, including its land bank.  A local authority may propose to dispose of land no longer required by it for its statutory functions. This is a reserved function of the elected members.

Section 183 of the Local Government Act 2001 provides inter alia that a prior notice of any proposed land disposal be sent to each of the elected members of the local authority. Details must also be provided of the person or body to whom the land is to be sold and any conditions relating to the sale. 

At the next relevant meeting of the Council the elected members may then decide whether or not the sale shall proceed and any conditions to be applied shall be set out in the members’ resolution.

Under section 211(2) of the Planning and Development Act 2000, as amended, my consent is required in cases where a local authority intends to proceed with a sale of land and the price is not the best reasonably obtainable.

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