Dublin Reconstruction (Emergency Provisions) Act, 1924
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Unsuitable premises on new street frontages. |
4.—(1) In this section the expression “site fronting on an improved street” means any plot, the property of the same person or persons, either directly adjoining any land acquired by the Corporation under this Act for the purpose of improving a street, or between which and such land no building intervenes. | |
(2) If, on the application of the Corporation, the Minister is satisfied in respect of any site fronting on an improved street that for the general scheme of reconstruction of the area it is necessary either— | ||
(a) to remove any existing building on such site, or | ||
(b) to erect a new building on such site, or | ||
(c) to reconstruct or alter any existing building on such site, | ||
he may make an order requiring such removal, erection, reconstruction or alteration to be carried out. | ||
(3) Before making an order under the preceding sub-section in respect of any site, the Minister shall give at least one month's notice to, and shall consider any representations made by, the owners, lessees and occupiers of such site. | ||
(4) The provisions of section 3 of this Act shall apply to the erection of any new building on a site fronting on an improved street as if such site were the site of a building which has been damaged or destroyed in the course of the recent disturbances; and to the reconstruction or alteration of such a building as if such building were an existing building in Upper Sackville Street or Lower Sackville Street (commonly known as “Upper O'Connell Street” and “Lower O'Connell Street” respectively). | ||
(5) Any reconstruction or alteration of a building or any erection of a new building on a site fronting on a new street in pursuance of an order under this section may be carried out notwithstanding that it interferes with any right to light or other easement, but compensation shall be paid to the persons interested in the land to which such right or easement is attached. | ||
(6) Any compensation payable under this section shall be— | ||
(a) fixed by an arbitrator under the rules set out in the Schedule to this Act in the like manner as the compensation mentioned in those rules is to be fixed thereunder, and any appreciation in the value of the land to which the easement is attached by reason of the general reconstruction of the area shall be taken into consideration in fixing such compensation; | ||
(b) paid by the owner of the building by which the right or easement is interfered with and shall in addition be a first charge on such building. |