asked the Minister for Local Government if he is aware that the provisions of the Local Government (Planning and Development) Act, 1963 relating to the acquisition of land in development areas, are in fact, unoperative mainly because the local authorities are unable to raise sufficient money to pay compensation; and if he will introduce alternative remedial legislation.
Ceisteanna—Questions. Oral Answers. - Land Acquisition in Development Areas.
21.
The Local Government (Planning and Development) Act, 1963, does not in itself confer any new acquisition powers on local authorities. Section 10 of the Local Government (Ireland) Act, 1898, as amended by section 11 of the Local Government (No. 2) Act, 1960, enables local authorities to acquire land by agreement or compulsorily or the purpose of any of their powers, functions or duties. Section 82 of the Local Government Act, 1946, enables local authorities to acquire land by agreement in advance of need although the exact purpose for which the land is to be used has not been decided.
I am satisfied that these powers are idequate for all purposes but I am aware that they are not being effectively availed of by all local authorities. If some local authorities fail to use their powers of advance acquisition in development areas until the costs of such acquisition are inflated by development pressures, this is not due to any defect in the acquisition powers.
The Planning and Development Act has made a number of important changes of benefit to local authorities in the rules governing compensation on compulsory acquisition, for whatever purpose. Thus under the Act no account may be taken in determining compensation of the existence of proposals for development of the land, or any other land, by a local authority, or of the possibility or probability of such development, but regard must be had to any contribution which a planning authority would have required as a condition of the development of the land. Such contribution may be required towards, among other things, any expenditure incurred by the local authority in respect of works which have facilitated proposed development.
Is the Minister aware of the following case? A local authority which urgently required land for houses was offered such land by a religious order. The price was considered suitable but they were unable to avail of it because the Department refused to make the necessary money available.
That has nothing to do with legislation.
It has to do with shortage of money.
That is not the question.
The excuse given was that the legislation did not allow the Department to advance the money.
Can the Deputy produce evidence of that?
Yes.
I will be delighted to have it.
It would be more honest to say the money is not there.