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Dáil Éireann debate -
Wednesday, 3 Mar 1965

Vol. 214 No. 9

Ceisteanna—Questions. Oral Answers. - Sale of Dublin Railway Line.

6.

asked the Minister for Transport and Power whether, having regard to the facts which have been brought to his attention by the Upper Beechwood Avenue Residents' Protest Committee, Dublin, in connection with the sale by Córas Iompair Éireann of the former railway line and permanent way running behind Beechwood Avenue, and to the disappointment and indignation of the residents at their failure to acquire the permanent way by purchase at public auction, he will inquire into how the actual purchaser of the permanent way proposes to use the property; whether he will ask the purchaser to sell the property to the residents at the price paid for it by him, and on failure to secure his agreement if he will introduce legislation either to enable the residents compulsorily to acquire the property or, in the alternative, make regulations concerning the use to which the property will be put, so as to preserve the amenities and value of the various premises in Beechwood Avenue affected.

The land in question was disposed of by CIE at public auction in accordance with the provisions of the Transport Acts. It was sold to the highest bidder and I understand that an insufficient bid was made on behalf of the residents. The future use of the property is a matter for the new owner subject to compliance with the provisions of the Local Government (Planning and Development) Act, 1963, and regulations made thereunder by the Minister for Local Government and any other relevant statutes and regulations. I can see no justification for special legislation as suggested by the Deputy.

Does the Minister realise that this problem is likely to arise all over the country and should we not consider directing CIE, as a preliminary step in disposing of abandoned permanent way, to offer it first to adjoining owners on the basis of tender or valuation, and only on its being rejected by adjoining owners should it be offered by public auction? Otherwise, you could have the situation outside the city in which the permanent way divides one man's farm and the process of purchase by public auction may give a third party a holding creating a rundale situation, in despite of the proprietor of the land on both sites desiring to acquire at an equitable price the permanent way which bisects his holding.

Under the relevant section of the Transport Act of 1950, CIE may still apply by public auction or by private treaty to the owners or tenants of the land adjoining the railway property or to the local authority, to the Commissioners of Public Works or to the Land Commission. In practice, in order to avoid the difficulties mentioned by the Deputy, they do, wherever possible, sell railway land to the adjoining tenants, particularly if there is any desire on the part of the tenant that they should do so. They have managed to dispose of a good deal of property in a satisfactory manner and I have had very few complaints. In this particular case, they made use of the section of the Act which enables them to choose which method they will adopt because of the long-term legal agreement with the Dublin Gas Company, about which I need not go into detail. This made it essential to sell the property in large blocks and, having so decided, obviously an auction was the best method of so doing.

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