Temple Bar Area Renewal and Development Act, 1991

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Number 19 of 1991

TEMPLE BAR AREA RENEWAL AND DEVELOPMENT ACT, 1991

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

Temple Bar Renewal Limited

PART III

Temple Bar Properties Limited

FIRST SCHEDULE

Temple Bar Area

SECOND SCHEDULE

Grounds for Approval, etc., of Existing or Proposed Buildings or Premises

THIRD SCHEDULE

Provisions Relating to Compulsory Acquisition

Number 19 of 1991

TEMPLE BAR AREA RENEWAL AND DEVELOPMENT ACT, 1991

AN ACT TO PROVIDE THE GROUNDS UPON WHICH CERTAIN APPROVALS MAY BE MADE BY TEMPLE BAR RENEWAL LIMITED RELATING TO EXISTING OR PROPOSED BUILDINGS AND PREMISES IN THE TEMPLE BAR AREA, TO PROVIDE THAT TEMPLE BAR PROPERTIES LIMITED SHALL BE A DEVELOPMENT COMPANY FOR THE TEMPLE BAR AREA AND FOR THE COMPULSORY ACQUISITION OF LAND IN THAT AREA BY IT, TO AUTHORISE THE MINISTER FOR FINANCE TO GUARANTEE BORROWINGS BY TEMPLE BAR PROPERTIES LIMITED, TO MAKE FURTHER PROVISIONS RELATING TO TEMPLE BAR RENEWAL LIMITED AND TO TEMPLE BAR PROPERTIES LIMITED AND TO PROVIDE FOR CONNECTED MATTERS. [15th July, 1991]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title.

1.—This Act may be cited as the Temple Bar Area Renewal and Development Act, 1991.

Interpretation.

2.—(1) In this Act—

“the Area” means the Temple Bar Area;

“building or premises” includes, where the context allows, a proposed building or premises;

“the Minister”, other than in the Third Schedule , means the Minister for Finance;

“the Temple Bar Area” means the area described in the First Schedule .

(2) In this Act a reference to a Part of an enactment or to a section or Schedule is to a Part or section of this Act or a Schedule to this Act, unless it is indicated that a reference to some other enactment is intended.

(3) In this Act a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

PART II

Temple Bar Renewal Limited

Appointment of directors of Temple Bar Renewal Limited.

3.—Notwithstanding any provision of the Companies Acts, 1963 to 1990, the Taoiseach shall appoint the directors of Temple Bar Renewal Limited.

Grounds for approval, etc., of certain expenditure.

4.—(1) In deciding whether or not to approve existing or proposed buildings or premises for the purposes of Chapter VII of Part I of the Finance Act, 1991 , Temple Bar Renewal Limited shall do so in accordance with the Second Schedule having regard to the uses and activities set out in that Schedule and on the basis of the criteria so set out, and a reference in that Schedule to approved means approved for those purposes and a contrary reference shall be construed accordingly.

(2) In respect of an approval to which subsection (1) relates, Temple Bar Renewal Limited may specify the period during which such an approval shall apply.

Copies of decisions to be laid before Houses of the Oireachtas.

5.—A written copy of every decision, made by Temple Bar Renewal Limited in the period of three months ending on the passing of this Act and in the following and each subsequent period of three months, to approve or not to approve existing or proposed buildings or premises for the purposes of Chapter VII of Part I of the Finance Act, 1991 , shall be laid before each House of the Oireachtas at the end of the said period to which the decision relates or as soon as possible thereafter.

Board, chief executive and staff of Temple Bar Renewal Limited.

6.—(1) The chairman and each member of the board of Temple Bar Renewal Limited shall be paid, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.

(2) The chief executive of Temple Bar Renewal Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.

(3) Subject to subsection (2), a member of the staff of Temple Bar Renewal Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as it may determine with the consent of the Taoiseach and the Minister.

Auditor of Temple Bar Renewal Limited.

7.—(1) Notwithstanding any provision contained in the Companies Acts, 1963 to 1990, the Comptroller and Auditor General shall be the sole auditor of the accounts of Temple Bar Renewal Limited.

(2) The accounts to which subsection (1) relates, as audited by the Comptroller and Auditor General, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Taoiseach who shall cause copies to be laid before each House of the Oireachtas.

Alteration of memorandum and articles of association of Temple Bar Renewal Limited.

8.—Temple Bar Renewal Limited shall take such steps as may be necessary under the Companies Acts, 1963 to 1990, to alter its memorandum and articles of association so as to make them consistent with this Part and with Chapter VII of Part I of the Finance Act, 1991 .

PART III

Temple Bar Properties Limited

Development company for the Area.

9.—Temple Bar Properties Limited shall be a development company for the Temple Bar Area.

Shareholder in Temple Bar Properties Limited.

10.—Notwithstanding any provision of the Companies Acts, 1963 to 1990, the Taoiseach, through his nominees, shall be the sole shareholder of Temple Bar Properties Limited.

Provisions relating to subletting, etc.

11.—(1) Notwithstanding any provision of the Landlord and Tenant Acts, 1967 to 1989, where a person (in this section referred to as the tenant) enters into a tenancy agreement with Temple Bar Properties Limited in respect of any premises in the Area then the tenant shall not assign, sublet or share possession of the said premises, or any part thereof, without the prior consent in writing of Temple Bar Properties Limited.

(2) (a) Temple Bar Properties Limited shall not unreasonably withhold its consent to any assignment, subletting or sharing of possession referred to in subsection (1).

(b) For the purposes of this section Temple Bar Properties Limited shall be deemed not to be acting unreasonably in withholding its consent where the proposed assignee or sublessee of the premises or part thereof or the person with whom the tenant proposes to share possession of the premises or part thereof (as the case may be) intends to use the said premises or such part for a use or activity which, having regard to the provisions of section 4 and the Second Schedule , Temple Bar Renewal Limited would not have approved of for the purposes of Chapter VII of Part I of the Finance Act, 1991 .

(3) As a condition to giving a consent for the purposes of subsection (1), Temple Bar Properties Limited shall, where appropriate, be entitled to require that the rent payable by the tenant assigning, subletting or sharing possession of the premises concerned, or part thereof, be increased so as to become and be a rent not exceeding the full open market rent of the said premises at—

(a) the commencement date of the term of the tenancy, or

(b) the last review date or last date of automatic increase in rent immediately preceding such assignment, subletting or sharing possession, as the case may be,

whichever is the later.

Compulsory acquisition of land in Temple Bar Area, etc.

12.—(1) Temple Bar Properties Limited may, in accordance with paragraphs 1 to 8 of the Third Schedule , acquire compulsorily any land, or any interest in or right over any land, in the Area for the purposes of ensuring the implementation in a coherent, comprehensive and integrated manner of any scheme of development for the Area or any part thereof which, in the opinion of Temple Bar Properties Limited, would prove impracticable without the land or interest concerned being included in that scheme and, in particular, for the purposes of—

(a) the implementation of safety and aesthetic considerations and requirements,

(b) the renewal, preservation, conservation, restoration, development or redevelopment of the streetscape, layout and building pattern of the Area, and

(c) the infill or other development or redevelopment of a derelict site (being a derelict site within the meaning of section 3 of the Derelict Sites Act, 1990 ) or of a vacant site (being land which is neither a derelict site nor upon which is there any permanent building or premises) in a manner that complements the conservation and architectural legacy of the Area.

(2) (a) The provisions of paragraphs 9 and 10 of the Third Schedule shall, where appropriate, have effect in the circumstances set out in subparagraph (1) of the said paragraph 9 for the purposes of vesting land in Temple Bar Properties Limited.

(b) The making of a vesting order by virtue of paragraph 9 of the Third Schedule shall not of itself prejudice any claim to compensation made after the making of the order in respect of any estate or interest in or right over the land, or any part thereof, to which the order relates and, accordingly, the provisions of paragraphs 7 and 8 of the Third Schedule shall apply to such a claim.

Guarantee by Minister of borrowings.

13.—(1) The Minister may guarantee, in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he thinks fit—

(a) the due repayment by Temple Bar Properties Limited of the principal of any moneys borrowed by that company or the payment of interest on such moneys or both the repayment of the principal and the payment of the interest, and

(b) the due payment of a promissory note made, or a bill of exchange drawn or accepted, by Temple Bar Properties Limited,

and any such guarantee may include a guarantee of the payment by that company of commission and incidental expenses arising in connection with such borrowing, promissory note or bill of exchange.

(2) The Minister shall not so exercise the powers conferred on him by this section that the amount, or the aggregate amount—

(a) of principal, commission and incidental expenses, and

(b) on promissory notes and bills of exchange,

which he may at any one time be liable to repay on foot of any guarantee or guarantees under this section for the time being in force, together with the amount (if any) of principal, commission and incidental expenses and on promissory notes and bills of exchange which the Minister has previously paid on foot of any guarantee under this section and which has not been repaid by Temple Bar Properties Limited exceeds £25,000,000.

(3) The Minister shall, as soon as may be after the expiration of every financial year, lay before each House of the Oireachtas a statement setting out with respect to each guarantee under this section given during that year or given at any time before, and in force at, the commencement of that year—

(a) particulars of the guarantee,

(b) in case any payment has been made by the Minister under the guarantee before the end of that year, the amount of the payment and the amount (if any) repaid to the Minister on foot of the payment,

(c) the amount of moneys covered by the guarantee which was outstanding at the end of that year.

(4) Moneys paid by the Minister under a guarantee under this section shall be repaid to him (with interest thereon at such rate or rates as he appoints) by Temple Bar Properties Limited within twelve months from the date of the advance of the moneys out of the Central Fund.

(5) Where the whole or any part of moneys required by subsection (4) to be repaid to the Minister has not been paid in accordance with that subsection, the amount so remaining outstanding shall be repaid, at such times as the Minister shall determine, to the Central Fund out of moneys provided by the Oireachtas.

(6) Notwithstanding the provision of moneys under subsection (5) to repay the amount to the Central Fund, Temple Bar Properties Limited shall remain liable to the Minister in respect of that amount and that amount (with interest thereon at such rate or rates as he appoints) shall be repaid to him by that company at such times and in such instalments as he appoints and, in default of repayment as aforesaid and without prejudice to any other method of recovery, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(7) Moneys paid by Temple Bar Properties Limited under subsection (4) or (6) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister thinks fit.

(8) In relation to guarantees given by the Minister in money in a currency other than the currency of the State—

(a) each of the references to principal, each of the references to interest and the reference to commission and incidental expenses in subsection (1) and the reference to a promissory note or bill of exchange in paragraph (b) thereof, shall be taken as referring to the equivalent in the currency of the State of the actual amount of such principal, interest, commission and incidental expenses, promissory note or bill of exchange, as the case may be, such equivalent being calculated according to the cost in the currency of the State of such amount at the time the calculation is made,

(b) each of the references to principal, commission, incidental expenses, promissory notes and bills of exchange in subsection (2) shall be taken as referring to the equivalent in the currency of the State of the actual amount of such principal, commission, incidental expenses, promissory notes and bills of exchange, as the case may be, such equivalent being calculated in the manner provided for by paragraph (a),

(c) the reference to moneys in subsection (3) shall be taken as referring to the equivalent in the currency of the State of the actual moneys, such equivalent being calculated according to the rate of exchange for that currency and the currency of the State at the time the calculation is made, and

(d) each of the references to moneys in subsections (4) to (6) shall be taken as referring to the cost in the currency of the State of the actual moneys.

Advance of moneys out of Central Fund.

14.—All moneys from time to time required by the Minister to meet sums which may become payable by him under section 13 shall be advanced out of the Central Fund or the growing produce thereof.

Board, chief executive and staff of Temple Bar Properties Limited.

15.—(1) The chairman and each member of the board of Temple Bar Properties Limited shall be paid, out of moneys at its disposal, such remuneration (if any) and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.

(2) The chief executive of Temple Bar Properties Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as may be determined by the Taoiseach and the Minister.

(3) Subject to subsection (2), a member of the staff of Temple Bar Properties Limited shall be paid, out of moneys at its disposal, such remuneration and allowances for expenses incurred by him as it may determine with the consent of the Taoiseach and the Minister.

Auditor of Temple Bar Properties Limited.

16.—(1) Notwithstanding any provision contained in the Companies Acts, 1963 to 1990, the Comptroller and Auditor General shall be the sole auditor of the accounts of Temple Bar Properties Limited.

(2) The accounts to which subsection (1) relates, as audited by the Comptroller and Auditor General, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Taoiseach who shall cause copies to be laid before each House of the Oireachtas.

Alteration of memorandum and articles of association of Temple Bar Properties Limited.

17.—Temple Bar Properties Limited shall take such steps as may be necessary under the Companies Acts, 1963 to 1990, to alter its memorandum and articles of association so as to make them consistent with this Part.

Exemption from stamp duty.

18.—(1) Section 12 of the Finance Act, 1895 , shall not apply in respect of any conveyance, transfer, vesting order referred to in the Third Schedule or other instrument executed for the purpose of vesting in Temple Bar Properties Limited, or any subsidiary thereof, any land situated in the Area or any interest in land so situated.

(2) For the purposes of this section, a company shall be deemed to be a subsidiary of Temple Bar Properties Limited if—

(a) Temple Bar Properties Limited—

(i) is a member of the company and controls the composition of at least half of the company's board of directors, or

(ii) holds at least half in nominal value of the company's equity share capital, or

(iii) holds at least half in nominal value of the company's shares carrying voting rights (other than voting rights which arise only in specified circumstances),

or

(b) the company is a subsidiary of any company which is a subsidiary of Temple Bar Properties Limited.

FIRST SCHEDULE

Temple Bar Area

Section 2 .

Interpretation

In this Schedule—

“thoroughfare” includes any bridge, green, hill, river and street;

a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare;

a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare;

a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare is a reference to the point where a line drawn along the centre of one thoroughfare, or in the case of a projection of a thoroughfare, along the projection, would be intersected or joined by a line drawn along the centre of the other thoroughfare.

Description of Temple Bar Area

That part of the county borough of Dublin bounded by a line commencing at the point (hereinafter in this description referred to as “the first-mentioned point”) where the River Liffey is intersected by O'Connell Bridge, then continuing, initially in a southerly direction along O'Connell Bridge, Westmoreland Street, College Green, Dame Street, Cork Hill and Lord Edward Street to the point where it joins Fishamble Street, then continuing in a northerly direction along Fishamble Street and the northerly projection thereof to the point where it intersects the River Liffey, then continuing in an easterly direction along the River Liffey to the first-mentioned point.

SECOND SCHEDULE

Grounds for Approval, etc., of Existing or Proposed Buildings or Premises

Section 4 .

1. Any building or premises—

(a) where activities of a cultural nature are being carried out, or are to be carried out if that building or premises is duly approved of by Temple Bar Renewal Limited for those activities, or

(b) where activities of a business undertaking providing services for tourists or other visitors to the Area are being carried out or are to be carried out if that building or premises is duly approved of by Temple Bar Renewal Limited for that activity and, in particular but without prejudice to the generality of this subparagraph, where that building is or is to be used as—

(i) a restaurant, or

(ii) a place for the sale and consumption of intoxicating liquor, or

(iii) a hotel, or

(iv) a hostel,

or

(c) where activities by a business undertaking are being carried out, or are to be carried out if that building or premises is duly approved of by Temple Bar Renewal Limited for those activities and where the undertaking—

(i) is or will be smaller or similar in size to existing business undertakings in the Area, and

(ii) employs or will employ not more than 20 persons,

or

(d) used, or to be used if duly approved of by Temple Bar Renewal Limited for use—

(i) as a multi-storey car-park within the meaning assigned to it by Chapter VII of Part I of the Finance Act, 1991 , or

(ii) as residential accommodation, or

(iii) as an office or service activity primarily serving the Area,

may be approved.

2. Any building or premises used or proposed to be used for use—

(a) as a warehouse, other than a storage area for the use of a building or premises to which paragraph 1 relates and which is consistent with the use or activity to which the building or premises is being or is to be put, or

(b) as a factory, other than a building or premises to which paragraph 1 (c) relates, or

(c) by business undertakings, other than those to which paragraph 1 or 3 relates,

shall not be approved.

3. Buildings or premises for the use of financial institutions or which are general office developments (except to the extent that it relates to paragraph 1 (d) (iii)) shall not be approved in any part of the Area other than a part which, in the opinion of Temple Bar Renewal Limited, is situate in the periphery of the Area.

4. Notwithstanding paragraphs 1 and 3, approval by virtue of either of those paragraphs shall be refused where Temple Bar Renewal Limited is of the opinion that such an approval would be detrimental to a suitable mix of uses and activities in the Area or any part thereof.

THIRD SCHEDULE

Provisions Relating to Compulsory Acquisition

Section 12 .

1. In this Schedule—

“the Company” means Temple Bar Properties Limited;

“the Minister” means the Minister for the Environment;

“prescribed” means prescribed by regulations made by the Minister.

2. (1) Where the Company proposes to acquire any land or any interest in or right over land under section 12 the Company may apply to the Minister for an order under this Schedule authorising the Company to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 6.

(2) The Company shall publish the prescribed notice of the application in the Iris Oifigiúil and in one or more newspapers circulating in the county borough of Dublin (including the Temple Bar Area), and serve a copy of the notice on every person who appears to the Company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.

(3) The notice referred to in subparagraph (2) shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister within one month of the making of the application by the Company an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 6 may be inspected.

(4) The Minister shall consider and determine any objection to the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto.

3. The Minister shall, where no objection to the application of the Company is lodged within one month of the making of the application by the Company or any such objection is rejected by the Minister, make an order (in this Schedule referred to as an acquisition order) authorising the Company to acquire the property compulsorily in accordance with the terms of its application or subject to such modifications if any as he may specify.

4. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the Company may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.

(2) The Company shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier at least one month's previous notice in writing of its intention so to do,

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least one month's previous notice in writing of its intention so to do.

5. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.

(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways:

(a) by the description “the occupier” without stating his name,

(b) at the land to which the notice relates.

6. (1) The Company shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at such place or places as the Company, with the consent of the Minister, considers suitable and shall remain so deposited for at least one month and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and public holidays.

7. (1) The amount of price to be paid by the Company for any land acquired to the several persons entitled thereto or having estates or interests therein or for any right acquired to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the said price and, subject to paragraphs 9 and 10, to the conveyance to the Company of the land or right acquired, and for the purpose of the application the Company shall be deemed to be the promoters of the undertaking.

8. The amount to be paid in accordance with paragraph 7 for any land or any estate or interest therein or any right, shall be determined as if Chapter VII of Part I of the Finance Act, 1991 , had not been enacted.

9. (1) Where the Company has entered on and taken possession of land in accordance with the powers conferred upon it by paragraph 4 and the Minister is satisfied that—

(a) the several interests in the land have not been conveyed or transferred to the Company,

(b) it is urgently necessary, in connection with the purposes for which the Company has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

(c) the Company has made a proper offer in writing to each person having an interest in the land who has furnished sufficient particulars of his interest to enable the Company to make proper offer for such interest,

then the Minister may make an order (in this Schedule referred to as a vesting order) vesting the land in the Company.

(2) Where the Minister or the Company, before the making of the vesting order, becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge payable to the Revenue Commissioners on the death of any person, the Minister or the Company, as the case may be, shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) When a vesting order has been made, the Company shall within seven days after notification of the making of the order—

(a) publish in one or more newspapers circulating in the county borough of Dublin (including the Temple Bar Area) a notice stating that the order has been made, describing the land referred to therein and naming a place where a copy of the order may be seen at all reasonable times, and

(b) serve on every person appearing to it to have an interest in the land to which the order relates a notice stating the fact of such an order having been made and the effect of the order.

10. (1) A vesting order shall be in the prescribed form and shall have attached thereto a map of the land to which it applies and it shall be expressed and shall operate to vest the land in the Company in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way) on a specified date not earlier than twenty-one days after the making of the vesting order.

(2) Notwithstanding anything in subparagraph (1), where the Company has acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or the Commissioners of Public Works in Ireland, the Company shall become and be liable, as from the date on which the land is vested in it by the vesting order, for the payment to the Irish Land Commission or the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the Company by the owner thereof on that date.

(3) When the Minister makes a vesting order in relation to any land, he shall cause the order to be sent to the registering authority under the Registration of Title Act, 1964 , and thereupon the registering authority shall cause the Company to be registered as owner of the land in accordance with the order.