Dáil Éireann debate -
Wednesday, 23 May 1934

Vol. 52 No. 12

Town and Regional Planning Bill, 1933—From the Seanad. - In Committee.

Minister for Local Government and Public Health (Mr. O Ceallaigh)

I propose to ask the Committee to adopt all the amendments that have been sent down by the Seanad. I beg to move that the Committee agree with the Seanad in amendment No. 1:—

Section 2. A new sub-section added at the end of the section as follows:—

(3) For the purposes of this Act the placing or keeping on any land of any shed, van, tent, or other object (whether fixed or movable or collapsible) which is not a structure shall be a use of such land.

This is an amendment which was suggested by Senator Douglas. I thought it an improvement to the Bill and I was glad to accept it.

Mr. Costello

The Seanad has done something useful then, apparently.

Question agreed to.

Mr. O Ceallaigh

I move: That the Committee agree with the Seanad in amendment No. 2:—

New section. Before Section 10 a new section inserted as follows:—

10.—(1) A planning authority or a responsible authority may, for any purpose arising in relation to the making, enforcement, or carrying out of a planning scheme, by notice in writing require the occupier of any land or structure in the area to which such planning scheme relates or is intended to relate or any person receiving, whether for himself or for another, rent out of any such land or structure to state in writing to such planning authority or responsible authority (as the case may be), within a specified time not less than 14 days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such land or structure or receives such rent (as the case may be), and the name and address, and the estate, interest, or right (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such land or structure.

(2) Every person who is required under this section to state in writing any matter or thing to a planning authority or a responsible authority (as the case may be) and either fails so to state such matter or thing within the time appointed under this section or when so stating any such matter or thing makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Mr. O Ceallaigh

In the preparation of a planning scheme the planning authority will have to give notice to owners and occupiers of land and other property in the area that is being planned. The regulation to be made by the Minister under the First Schedule of the Bill will require this to be done. A responsible authority in the execution or enforcement of a scheme will likewise be required to serve notice on owners and occupiers of property in respect of which any action is to be taken in pursuance of the scheme. The clause proposed to be added to the Bill is intended to provide additional machinery to enable a planning authority to get the necessary particulars of the various interests in property to which either a scheme proposed to be made or a scheme already in force will relate. There is a similar clause to this in the Housing Act of 1931.

General Mulcahy

Can the Minister say if this is, so far as the present Bill is concerned, the introduction of a new principle—that is, giving a planning authority powers under penalties to get all the necessary information it may require for the purpose of keeping its house straight, so to speak?

Mr. O Ceallaigh

It is not a new principle. It is a principle already embodied in other Bills.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 3:—

Section 14. A new sub-section added at the end of the section as follows:—

(6) Whenever any land or structure in the area to which a planning scheme relates is at the relevant date occupied by a statutory undertaker for the purposes of his undertaking, and ceases at any time after the relevant date to be occupied by such statutory undertaker for such purposes, and either such statutory undertaker has not given the consent mentioned in this section or the Minister has not made an order under this section, every provision contained in such planning scheme which would have applied to such land or structure if it were not so occupied by such statutory undertaker shall, immediately upon such cesser, apply to such land or structure but with the modification that the date of such cesser shall be the relevant date in respect of such land or structure.

Section 14, as it stands, does not make suitable provision to bring any land or structure belonging to a statutory undertaker, such as the railways or the Electricity Supply Board, and suitate in an area in which a planning scheme is in force, within the provisions of the scheme, in the event of the land or structure ceasing to belong to the statutory undertaker after the relevant date. The sub-section proposed to be added will make the position clear.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 4:—

Section 19, sub-section (4). The words "have regard to" deleted in line 22 and the word "consider" substituted therefor.

This is merely a change of words.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 5:—

Section 34, sub-section (5). A new sub-section inserted before the sub-section as follows:—

(5) The provisions of this Part of this Act in relation to the passing of resolutions for the making of a planning scheme and to such resolutions when passed shall apply in respect of a resolution under consideration by or passed by a planning authority under this section for the making of a revoking or amending planning scheme as if the notice required by this section to be given and published by the chief executive officer of such planning authority were a notice of intention to propose a resolution in the terms of such application.

This is a drafting amendment.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment 6:—

Section 35, sub-section (3). After the word "scheme" in line 61 the words "and by order approve of such scheme as so made" inserted.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 7:—

Section 39, sub-section (3). After the word "for" in line 38 the words "and manner in" inserted.

This is a drafting amendment.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 8:—

Section 39, sub-section (3). The words "or in any manner except a specified manner" added at the end of paragraph (b).

In view of the amendment of Section 2 of the Bill, it is desirable to provide in Clause 39 that a planning scheme may contain provisions controlling and limiting the manner in which, as well as the purposes for which, land may be used.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 9:—

Section 48, sub-section (1). Before the word "Every" in line 51 the following words inserted:—"Without prejudice to any civil remedy which may be available in the circumstances to the responsible authority or any other person."

This amendment is introduced to meet the views expressed on Report Stage on an amendment to take power to make penal any contravention of a special prohibition. It is desirable that the penalty for contravention of a planning scheme should be without prejudice to any civil remedy which may be available to the responsible authority or any other person as is proposed in the case of the contravention of a special prohibition. It will actually devolve on the responsible authority to take effective action where required.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 10:—

Section 50, sub-section (1). All from the word "this" in line 37 deleted down to the word "form" in line 39 inclusive, and the following words substituted therefor:—"the next preceding section of this Act, the responsible authority shall serve, on every owner and on every occupier of such structure or land and on every person having a right over or in respect of such structure or land which in the opinion of the responsible authority may be affected by such exercise, a notice."

It is considered desirable that the notice should be served on the owners as well as the occupiers.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 11:—

Section 50. A new sub-section added at the end of the section as follows:—

(3) In this section the word "owner" means, in relation to any land or any structure, any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of such land or structure or of any term of years for the time being subsisting in respect of such land or structure of which the unexpired residue exceeds three years.

A definition of owner is necessary in view of the previous amendment.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with amendments Nos. 12, 13, 14 and 15, which are purely consequential:—

12. Section 51, sub-section (1). After the word "served" in line 58 the words "on any person" inserted.

13. Section 51, sub-section (1). The words "any person occupying or having an estate or interest in such structure or such land" deleted in lines 61-62 and the words "such person" substituted therefor.

14. Section 52, sub-section (1). The words "act or omission" deleted in line 21 and also in line 27, and the word "matter" substituted therefor in each case.

15. Section 52, sub-section (2). The words "act or omission" deleted in line 32 and also in lines 33-34 and the word "matter" substituted therefor in each case.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 16:—

Section 52, sub-section (3). The words "the land on, in, or under which it is or was situate" deleted in line 46 and the words "the rateable hereditament or tenement consisting of or including such land or structure" substituted therefor.

As the section stands, it might be held that the charge would only be on the actual portion of land on which the work was carried out or, in the case of a structure that was removed, the land on which the structure stood. It is necessary that the charge should in both cases be on the rateable hereditament consisting of or including the land or structure as the case may be.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 17:—

New section. Before Section 57 a new section inserted as follows:—

57.—(1) When a planning authority has passed a resolution for the making of a planning scheme and has, before such planning scheme comes into operation, made a special prohibition in relation to any work, such planning authority may, if they are of opinion that the prejudicial effect of proceeding with or doing the work to which such special prohibition relates would be of such nature as to be incapable of being remedied after the coming into operation of such planning scheme, declare, at any time before such planning scheme comes into operation, that any contravention of such special prohibition before such coming into operation shall be unlawful.

(2) Without prejudice to any civil remedy which may be available in the circumstances to the planning authority or any other person, every person who proceeds with or does any work which is a contravention of a special prohibition and is by virtue of a declaration under this section an unlawful contravention of such prohibition shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence is continued, or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine or fines and such imprisonment.

This amendment is substituted for an amendment proposed on Report Stage. A planning authority may declare that planning authority may declare that any contravention of a special prohibition in respect of any work proposed to be undertaken before the coming into operation of a planning scheme shall be unlawful. Should the work be proceeded with, every person who does so shall be guilty of an offence under the section now proposed and be liable on summary conviction to the penalties therein contained. This power is without prejudice to any civil remedy, and the planning authority, or any other person interested, may seek an injunction.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 18, which is a drafting amendment:—

Section 57, sub-section (1). Before the word "special" in line 26 the words "general or" inserted.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 19, which is consequential on No. 17:—

Section 57, sub-section (1). A new paragraph added at the end of the sub-section as follows:—

(g) in the case of an appeal from a special prohibition any contravention of which has been declared by a planning authority to be unlawful, revoke such declaration.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 20:—

Section 68. The word "the" deleted in line 16 and the word "a" substituted therefor.

This is a verbal amendment.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 21, which is a drafting amendment. It is not necessary to prescribe the form of application.

Section 70, sub-section (1). The words "in the prescribed manner" deleted in line 46.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 22:—

Section 71, sub-section (5). A new sub-section inserted before the sub-section as follows:—

(5) Every application by the responsible authority under the next preceding sub-section of this section for a payment of betterment calculated in accordance with that sub-section shall be made within 12 months (or such longer period as shall be allowed by the planning scheme) after the property or the portion thereof, in relation to which such application is made, is so sold, leased, or let or is begun to be so used as to entitle the responsible authority to make such application.

It is necessary to prescribe a time limit within which the responsible authority shall make application for payment of betterment under sub-section (4) of the section.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 23:—

First Schedule, paragraph 1. The words "persons to whom, manner in which, and" deleted in line 15.

This amendment will enable regulations to be made to deal with the manner in which notices to the public are to be given and published.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 24:—

First Schedule, paragraph 1. The following words added at the end of the paragraph:—"and in the case of notices to persons, the persons to whom and the manner in which such notices are to be given, and in the case of notices to the public, the nature of the advertisements or other means by which such notices are to be given and published."

This amendment also deals with the regulations under the First Schedule and is of similar import to No. 20.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 25:—

Second Schedule, Part III, paragraph 2. All after the words "preservation of" in line 1 deleted down to the end of the paragraph and the words "views and prospects and of the amenities of places and features of natural beauty or interest" substituted therefor.

This amendment widens the scope of the section and brings in places that were sought to be brought in by a certain amendment in the Seanad that brought in slopes, summits and valleys, as well as other areas that might be covered by the Bill. The amendment is designed to make the section more inclusive.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 26:—

Second Schedule, Part III, paragraph 5. The words "on any ship, boat, raft, or other like object" deleted in line 10 and the words "or any temporary erection, or any vehicle, boat or other movable object (whether on land or on or in water)" substituted therefor.

This deals with the control of advertisements.

General Mulcahy

There is just one point I should like to mention in reference to amendment No. 26. The amendment proposes to delete certain words and to put certain other words in their stead. The question arises in my mind whether the first word "or" should or should not be "on." As it stands at the present moment the paragraph would read:—"Prohibiting, restricting, or controlling, either generally or in particular places, the exhibition, whether on the ground, on any structure, or any temporary erection, on any vehicle, boat or other movable object..." I do not know whether having the word "or" there before the words "any temporary erection" instead of the word "on" might mean that the Act may prejudice the position with regard to advertisements on a boat. I do not know if it makes any difference, but perhaps the Minister would say whether the section, as proposed to be amended, would actually give powers to control advertisements put on a boat no matter in what circumstances, temporary or otherwise, the structure was affixed to the boat.

Mr. O Ceallaigh

I think that the wording suggested here is all right and that it will give power to control advertisements on movable as well as permanent structures—even on boats on the rivers, whether the river Liffey or anywhere else. I think that it gives power to control any advertisements of that kind.

Question agreed to.

Mr. O Ceallaigh

I move that the Committee agree with the Seanad in amendment No. 27:—

Second Schedule, Part III, paragraph 5. After the word "advertisements" in line 11 the words "or other public notices" added.

Question agreed to.

Agreement to all the amendments from the Seanad, from 1 to 27 inclusive, reported. The Seanad to be notified accordingly.