S.I. No. 455/2000 - Derelict Sites Regulations, 2000.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 4 of the Derelict Sites Act, 1990 (No. 14 of 1990), hereby makes the following Regulations:—

Citation.

1. These Regulations may be cited as the Derelict Sites Regulations, 2000.

Interpretation.

2. In these Regulations:—

“the Act” means the Derelict Sites Act, 1990 (No. 14 of 1990);

“the Act of 2000” means the Planning and Development Act, 2000 (No. 30 of 2000);

“the register” means the derelict sites register established under section 8 of the Act;

“the Minister” means the Minister for the Environment and Local Government.

Derelict sites register.

3. (1) A local authority shall enter on to the register, in addition to the particulars specified in section 8 (1) (a) to (e) of the Act,:—

(a) Particulars of any development objective for the purpose of reserving the land for roads or parking places or for any of the purposes of reserving or preserving land indicated in Part IV of the Third Schedule to the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), or for any of the purposes of reserving or preserving land indicated in Parts IV and V of the First Schedule to the Act of 2000, which exists in relation to land particulars of which are entered on to the register, and

(b) Particulars of any bond entered into by an owner of urban land under section 25 of the Act.

(2) The register shall incorporate a map for enabling a person to trace any land entered on to the register.

Form of notice under section 15 (1) (b) of the Act.

4. Form No. 1 set out in the Schedule to these Regulations, or a form substantially to the like effect, shall be the form of notice of intention to acquire a derelict site compulsorily to be served by a local authority under section 15 (1) (b) of the Act.

Application for consent of An Bord Pleanála to compulsory acquisition of derelict site.

5. An application by a local authority under section 16 of the Act (as amended by Section 214 of the Act of 2000) for the consent of An Bord Pleanála to the compulsory acquisition of any derelict site shall be accompanied by, in addition to the documents and particulars specified in subsection (4) of that section:—

(a) a copy of the newspaper or newspapers in which notice of the intention of the local authority to acquire the derelict site compulsorily was published in accordance with section 15 (1) (a) of the Act, and

(b) a copy of the notice of intention to acquire the derelict site compulsorily served by the local authority in accordance with section 15 (1) (b) of the Act.

Form of vesting order.

6. Form No. 2 set out in the Schedule to these Regulations, or a form substantially to the like effect, shall be the form of a vesting order to be made by a local authority in exercise of the powers conferred on them by section 17 (1) of the Derelict Sites Act, 1990 (as amended by the Act of 2000).

Revocation.

7. The Derelict Sites Act, 1990 Regulations, 1990 ( S.I. No. 192 of 1990 ) are hereby revoked.

SCHEDULE

Notice of Intention to Acquire Derelict Site Compulsorily under Derelict Sites Act, 1990 (as amended by the Planning and Development Act, 2000 ).

Notice is hereby given that the ...............................................¹ (hereinafter referred to as the “local authority”) in exercise of the powers conferred on them by section 14 of the Derelict Sites Act, 1990 intend to acquire compulsorily under the said Act the derelict site described hereunder.

A map of the said derelict site has been deposited at .................................. ² and may be inspected there during office hours.

Any owner, lessee or occupier (except a tenant for a month or a period less than a month) may, on or before the ................ day of ................., 20   , ³ submit to the local authority an objection to the proposed compulsory acquisition of the derelict site. Any such objection must be in writing stating the grounds of the objection and addressed to the local authority at ............................................................ ... ⁴ .

The Derelict Sites Act, 1990 (as amended by the Planning and Development Act, 2000 ) provides that if an objection is made to the proposed compulsory acquisition of a derelict site and the objection is not withdrawn, the derelict site shall not be acquired compulsorily by the local authority without the consent of An Bord Pleanála.

Description of Derelict Site Proposed to be Acquired ⁵

Dated this ................................ day of ...................................., 20

Signed

_________________________

County Secretary/ Town Clerk.⁶

Directions for completing this form

FORM OF VESTING ORDER

Derelict Sites Act, 1990

............................................................ ................... (name of local authority)

VESTING ORDER

WHEREAS the land described in the Schedule hereto and shown on the map attached hereto ¹ . is a derelict site within the meaning of the Derelict Sites Act, 1990 (hereinafter called “the Act”);

AND WHEREAS the provisions of section 15 of the Act have been complied with by the .........................² (hereinafter called “the local authority”) in relation to the said land;

AND WHEREAS no objection has been submitted to the local authority under section 16 of the Act;³

AND WHEREAS an objection was submitted to the local authority under section 16 of the Act and was subsequently withdrawn;³

AND WHEREAS An Bord Pleanála has given its consent to the compulsory acquisition of the said land by the local authority;³

NOW THEREFORE, the local authority, in exercise of the powers conferred on them by section 17 of the Act, hereby order that the land described in the Schedule hereto shown on the map attached hereto shall, on the .................. day of .................................................., 20.............., ⁴ vest in the local authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind.

SCHEDULE

Description of Land⁵

The official seal of the local authority was affixed hereto this .................. day of ..................., 20.........., in the presence of:

............................................................ ................................................... ⁶

Directions for completing this form

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe procedural matters for the purposes of the Derelict Sites Act, 1990 (No. 14 of 1990) and revoke the Derelict Sites Regulations, 1990 ( S.I.No. 192 of 1990 ), to take account of the transfer to An Bord Pleanála of Ministerial powers in relation to the compulsory acquisition of derelict sites.

¹ Insert name of local authority.

² Insert location at which the map of the derelict site has been deposited for inspection.

³ The Act provides that the time within which objections to the proposed compulsory acquisition of a derelict site may be made to the local authority shall be not less than one month.

⁴ Insert address to which objections are to be sent.

⁵ The quantity and location of the land comprised in the derelict site should be indicated.

⁶ Omit words which do not apply.

¹ The map should be sealed and marked by a heading containing a reference to the vesting order e.g. “Map referred to in vesting order made under section 17 of the Derelict Sites Act, 1990, on the .......... day of ..............., 20............, by ..................... (name of local authority)”

²Insert name of local authority.

³Omit recitals which do not apply.

³Omit recitals which do not apply.

³Omit recitals which do not apply.

⁴Section 18 (2) of the Act provides that the vesting date shall be a specified date not earlier than twenty-one days after the making of the vesting order.

⁵The quantity and location of the land should be set out, with an appropriate reference to the manner in which the land is shown on the map.

⁶The description of the persons in whose presence the seal is affixed should be stated e.g. “Lord Mayor”, “Mayor”, “Chairman”, “Nominated Member”, “City Manager and Town Clerk”, “Manager”, etc.