Local Government (Planning and Development) Act, 1963

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Obligation to purchase land on refusal of permission in certain cases.

29.—(1) Where, in a case determined on an appeal under this Part of this Act, permission to develop any land has been refused or has been granted subject to conditions, then, if the owner of the land claims—

(a) that the land has become incapable of reasonably beneficial use in its existing state, and

(b) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of any other development for which permission has been granted under this Part of this Act, or for which the planning authority have undertaken to grant such permission, and

(c) in a case where permission to develop the land was granted as aforesaid subject to conditions, that the land cannot be rendered capable of reasonably beneficial use by the carrying out of the permitted development in accordance with those conditions,

he may, at any time within the period of six months after the decision (or such longer period as the Minister may allow), serve on the planning authority a notice (hereafter in this section referred to as a purchase notice) requiring the planning authority to purchase his interest in the land in accordance with the provisions of this section.

(2) The planning authority on whom a purchase notice is served under this section shall, before the end of the period of three months beginning with the date of the service of that notice, serve on the owner by whom the purchase notice was served a notice stating either—

(a) that the authority are willing to comply with the purchase notice, or

(b) that, for reasons specified in the notice under this subsection, the authority are not willing to comply with the purchase notice and that they have transmitted a copy of the purchase notice and a copy of the notice under this subsection to the Minister.

(3) Where the planning authority upon whom a purchase notice is served under this section have served on the owner by whom the purchase notice was served a notice in accordance with paragraph (a) of subsection (2) of this section, it shall be the duty of the authority to acquire the interest of the owner and, for that purpose, the latter notice shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed.

(4) Where a purchase notice is served on a planning authority under this section and the authority propose to serve on the owner a notice in accordance with paragraph (b) of subsection (2) of this section, they shall transmit a copy of that notice and copy of the purchase notice to the Minister, and subject to the following provisions of this section the Minister shall, if he is satisfied that the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled, confirm the purchase notice, and thereupon it shall be the duty of the planning authority to acquire the interest of the owner, and for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision by the planning authority pursuant to subsection (1) of Section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed:

Provided that—

(i) if it appears to the Minister to be expedient so to do, he may, in lieu of confirming the purchase notice, grant permission for the development in respect of which the application was made or, where permission for that development was granted subject to conditions, revoke or amend the conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of that development;

(ii) if it appears to the Minister, that the land, or any part of the land, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out of any other development for which permission ought to be granted, he may, in lieu of confirming the notice, or in lieu of confirming it so far as it relates to that part of the land, as the case may be, direct that such permission shall, subject to the provisions of this Act, be granted in the event of an application being made in that behalf.

(5) If within the period of six months from the end of the period specified in subsection (2) of this section, or the date on which a copy of the purchase notice is transmitted to the Minister, whichever is the earlier, the Minister has neither confirmed the notice nor taken any such other action as is mentioned in paragraph (i) or paragraph (ii) of the proviso to subsection (4) of this section, nor notified the owner by whom the notice was served that he does not propose to confirm the notice, the notice shall be deemed to be confirmed at the expiration of that period, and it shall be the duty of the planning authority on whom the notice was served to acquire the interest of the owner and, for that purpose,—

(a) the planning authority shall serve on the owner a notice stating that they propose to comply with the purchase notice,

(b) the notice so served shall have the like effect as if it were a compulsory purchase order in respect of that interest which, consequent upon a decision made by the planning authority pursuant to subsection (1) of section 10 of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed.

(6) Where, for the purpose of determining whether the conditions specified in paragraphs (a) to (c) or paragraphs (a) and (b) (as may be appropriate) of subsection (1) of this section are fulfilled in relation to any land, any question arises as to what is or would in any particular circumstances be a reasonably beneficial use of that land, then, in determining that question for that purpose, no account shall be taken of any prospective use of that land which would involve the carrying out of development of any class which is not exempted development.