Dáil Éireann debate -
Wednesday, 8 Nov 2000

Vol. 525 No. 3

Written Answers. - Compulsory Purchase Orders.

Ivan Yates

Question:

249 Mr. Yates asked the Minister for the Environment and Local Government the proposals he has under CPO procedures to ensure that this is done within a maximum period of one year from the date of confirmation of the compulsory purchase order; if affected landowners will be granted the right to serve a notice to take possession on the acquiring authority any time after the issuing of the notice to treat under CPO procedure; and the proposals he has to alter the valuation date for assessing compensation claims under CPOs. [24888/00]

Ivan Yates

Question:

250 Mr. Yates asked the Minister for the Environment and Local Government if he will review the arbitration procedures and costs involved in relation to CPO procedures; if he will appoint a CPO ombudsman; and if the principle of open market value will be retained in assessing compensation claims. [24889/00]

Minister of State at the Department of the Environment and Local Government (Mr. Molloy)

I propose to take Questions Nos. 249 and 250 together.

I am satisfied that the present arbitration procedures are fair and equitable. The compensation code for compulsory purchase of land provides for the determination by a property arbitrator, in default of agreement between the local authority and the landowner, of the appropriate compensation based on the market value of the land at the time notice to treat is served. I have no plans to change this system.

The Planning and Development Act, 2000, provides for the transfer of the Minister's functions to An Bord Pleanála and brings about other changes designed to streamline the compulsory purchase order process. These include provision for less formal oral hearings in place of the more formal public local inquiries, the confirmation of compulsory purchase orders by local authorities themselves where there are no objections, time limits on submitting compulsory purchase orders to the board for confirmation, an 18 week objective for making decisions on compulsory purchase orders and shortening the period within which local authorities must serve notice to treat to purchase the land from three years to 18 months. I am satisfied that these changes will result in a more effective CPO system.