Planning and Development Act 2024
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Acquisition by planning authority of public components of certain developments | ||
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264. (1) Where a development is being, or has been, carried out, and— | ||
(a) any public components of the development are taken in charge under subsection (6) of section 261 , | ||
(b) a request is at any time made under subsection (1) of section 261 in relation to any public components of the development, or | ||
(c) the public components of the development are not completed in compliance with the requirements of the permission for the development and any conditions attaching to the permission to the satisfaction of the planning authority before the expiry of the permission, or within such reasonable period as is specified in a notice given by the planning authority to the developer after the expiry of the permission warning of its intention to exercise powers under this subsection (notwithstanding any enforcement action, within the meaning of Part 11 , that may have been taken in relation to such non-compliance), | ||
the planning authority may, by agreement with the owner of the public components or compulsorily, in accordance with this section— | ||
(i) acquire all or part of the public components, and | ||
(ii) where acquiring public components, may acquire the land on, in, over or under which the public components are situated. | ||
(2) Where a planning authority proposes to compulsorily acquire public components or land under subsection (1), it shall— | ||
(a) serve notice on the owner of the public components or the land, and | ||
(b) publish a notice in at least one newspaper circulating in its functional area, | ||
of its intention to acquire the public components or the land, as more particularly described in the notice, and the notice (in this section referred to as an “acquisition notice”) shall specify a period (being a period of not less than 4 weeks from the date on which the notice is served or published, whichever is the later) within which an appeal may be brought under subsection (3). | ||
(3) A person having an interest in the public components or the land to which an acquisition notice relates may, within the period specified in the acquisition notice, appeal against the acquisition notice to the Commission. | ||
(4) The Commission may, where an appeal is brought against an acquisition notice under subsection (3)— | ||
(a) annul the acquisition notice, or | ||
(b) confirm the acquisition notice, with or without modification, in respect of all or such part of the public components, or all or such part of the land, as the Commission considers reasonable. | ||
(5) If a planning authority publishes an acquisition notice and— | ||
(a) the period for bringing an appeal against the notice has expired and no appeal has been brought, or | ||
(b) an appeal has been brought against the notice and the appeal has been withdrawn or the notice has been confirmed with or without modifications, | ||
the planning authority may make an order, in the prescribed form, which shall be expressed and shall operate to vest the public components and the land to which the acquisition notice (if applicable, as confirmed) relates in the planning authority on a specified date in accordance with subsection (7). | ||
(6) Where a request is made under subsection (1) of section 261 and the planning authority proposes to compulsorily acquire public components the subject of the request in the circumstances referred to in paragraph (b) of subsection (1), but the acquisition notice served is annulled by the Commission under paragraph (a) of subsection (4), paragraph (b) of subsection (1) shall not apply to the request and section 261 shall apply as if the acquisition notice had not been served, subject to the modification that, in calculating the period referred to in subsection (3) of section 261 , the period from the date of the service of the acquisition notice to its annulment shall be excluded. | ||
(7) An order under subsection (5) shall vest the public components and the land the subject of the order in the planning authority— | ||
(a) for all the estate of the persons entitled to the public components or the land in possession or in reversion, | ||
(b) together with all easements, rights and privileges appurtenant to the public components or the land, | ||
(c) subject to— | ||
(i) all or any easements, rights and privileges previously granted for the benefit of any houses or other units in the development, | ||
(ii) any purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine or to the Commissioners, in respect of the public components or land, provided that, in a case where the public components or land are subject thereto in conjunction with other land, the liability of the planning authority shall be for such portion thereof as shall be apportioned by that Minister, or by the Commissioners, on the public components or land as if they had been transferred to the authority by the owner thereof on the date of the order, | ||
(iii) any easements, rights, privileges or other interests excluded from the order, | ||
(iv) any rights or obligations of Uisce Éireann where the public components have been taken in charge under section 262 , | ||
(v) all or any easements, rights, privileges or interests reinstated under paragraph (d) of subsection (10), and | ||
(vi) the obligation on the part of the planning authority— | ||
(I) to undertake within a reasonable period any works which, in the opinion of the authority, are necessary for the satisfactory completion of the public components of the development, subject to the right to recover the costs of such works from the developer, and | ||
(II) to grant all easements, rights and privileges reasonably necessary to enable the owner of each house in the development to enjoy the quiet and peaceful occupation of the house of which he or she is the owner, in so far as possible in accordance with any existing scheme of common easements, rights and privileges for the development, to be determined by agreement between such owner and the planning authority or in default of agreement by application in a summary manner to the Circuit Court, | ||
but | ||
(d) freed of all other estates, rights and interests, including those of the State. | ||
(8) A road or part of a road acquired by a planning authority pursuant to this section shall be deemed to be a public road within the meaning of the Roads Act 1993 . | ||
(9) A person holding an interest in or over the public components or land to which an order under subsection (5) relates that is extinguished by virtue of such order may claim compensation arising from the making of the order. | ||
(10) Where a claim is made under subsection (9), it shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act 1919 as if the claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award and to the following provisions— | ||
(a) the arbitrator shall make a nil award unless it is shown by or on behalf of the claimant that an amount equal to the value of the land to which the permission relates, being the value at the time the application for the permission was made, had the development been carried out at that time, has not been recovered and would not be recoverable by disposing of the land to which the permission relates less any land to which the order relates, | ||
(b) in the assessment of the value of the land to which the order relates, no regard shall be had to its value for use other than as public components of the development, | ||
(c) any sum due to the planning authority by the claimant may be set off against the compensation (if any) to which the claimant may be entitled, and | ||
(d) where any person claims compensation for the loss of any easement, right, privilege or interest in the public components or land the subject of an order under subsection (5), the planning authority may make an order reinstating the easement, right, privilege or interest, and in such case, the easement, right, privilege or interest in question shall be deemed to have continued in existence as if the acquisition had not taken place, and no compensation shall be payable save in respect of temporary loss or damage (if any) arising in the period between the making of the order under subsection (5) and the order reinstating the easement, right, privilege or interest in question. |