The purpose of the Bill is to provide the legislative framework for the comprehensive, orderly and progressive planning and development of cities, towns and rural areas. The Bill proposes to repeal the Town and Regional Planning Acts, 1934 and 1939, together with certain other statutory provisions which relate to the control of building and development.
The Bill recognises the need for a new and more radical approach to planning problems in this country. The Acts of 1934 and 1939 were adoptive and the planning procedures provided for proved in practice to be so lengthy and cumbersome that local authorities were deterred from producing comprehensive planning schemes for their areas. As a result, while most local authorities have been enforcing some measure of planning control, only one planning scheme—that for the capital, Dublin—has been prepared under the earlier legislation. The Dublin scheme, which was made in 1957, has not come into force as examination showed that it contained defects which could not be overcome by amendment—defects which stemmed from inherent weaknesses in the enabling legislation. Probably the greatest defect of the Acts was that they failed to stimulate a positive approach to planning.
The Bill is intended to provide a more workable and flexible planning system to be operated by planning authorities. The system will enable planning authorities to exercise comprehensive control on development in their areas and, what is more important, to engage in positive development and redevelopment work themselves. It will enable them to facilitate industrial and commercial development and to secure the redevelopment of those parts of built-up areas which have become outmoded, uneconomic or congested; it will also confer wide powers aimed at securing the preservation and improvement of amenities in town and countryside.
Planning authorities will be required to make development plans for their areas within a period of three years. Each development plan will consist of a written statement of development objectives and a plan to illustrate these objectives. Certain minima are prescribed. In the case of cities and towns, these are: zoning of land uses for particular purposes, whether residential, commercial, industrial, agricultural or otherwise; securing the greater convenience and safety of road users and pedestrians by the provision of parking places or road improvements or otherwise; development and renewal of obsolete areas; and preserving and improving amenities.
For rural areas, the plans must include objectives under the headings of: development and renewal of obsolete areas; preserving and improving amenities; provision of new water supplies and sewerage services; in addition to these minimum requirements, a development plan may indicate objectives for many other purposes related to the density and layout of developments and for the provision of schools, churches, recreational facilities and other aspects of community planning.
Progressive expansion in the Irish economy in recent years has brought in its train a considerable increase in constructional activity and in demands on available resources of building land, skilled labour and capital which has served to underline the importance of planning in national physical development. The associated rise in the standards of living has created new levels of expectation and demand.
Our policy of aiming at a progressive improvement in the national economy cannot achieve maximum success unless all sectors of national activity are co-ordinated. In this context a comprehensive system of physical planning is obviously necessary. The direct association between economic planning and physical planning is being increasingly recognised. In its first report the Committee on Housing, Building and Planning of the Economic and Social Council of the United Nations have stated that "the Committee was strongly of the opinion that the correct approach to the problems of urbanisation, population distribution and settlement due to social and economic development was by way of comprehensive economic and physical surveys leading to the establishment of economic and physical development plans."
The economic progress that has already been achieved in this country has high-lighted several developments that can only be assessed and catered for on the basis of proper research and planning. As has been the pattern in most other countries, the adoption of more modern methods in agriculture has accelerated a decline in the rural population while the establishment of new industries and the expansion of existing industries has led to an overall growth in urban populations. The growth in urban population has not, of course, been uniform; the population of some urban areas has increased while that of others has declined. With the projected growth in industrial development, however, it is clear that the future trend will be for urban populations to grow at the expense of the rural areas. It is to be expected, however, that a substantial proportion of the population will continue to live in the rural areas and the implementation of the Government's settled policy to improve rural living conditions by the provision of better housing, water and sewerage facilities will be so planned as to achieve the maximum possible level of efficiency in the disposal of the capital expenditure involved.
Planning must also be concerned with using to the best possible advantage the infrastructure of roads, railways, port facilities, hospitals, schools, housing, and water and sewerage services which have been provided by capital expenditure in previous years. Surveys may well show that in some centres the existing infrastructure has unused capacity and that industrial and commercial expansion could take place with little or no capital expenditure on environmental services and facilities. The surveys which are a necessary prerequisite to proper planning will show that in every region and, indeed, in every county centres exist which hold promise of becoming poles of economic growth. The identification and selection of these centres is part of the planning process. The aim would be to encourage industrial and commercial development in those centres so that the expanding opportunities for employment would attract those who inevitably will leave agricultural employment in the surrounding rural areas. According as development proceeds these centres should generate the demand and accumulate the resources necessary for improved amenities and facilities. It is now generally accepted that a good environment materially assists economic expansion.
It is my aim that, following on the passage of this Bill, regional studies should be made with strong support and guidance from my Department in order that the economic objectives of planning that I have outlined will be pressed forward vigorously. Other countries in Europe are using physical planning to advance their economic development and we cannot afford to ignore their example. Indeed, I regard this as probably the most important long-term task facing the local authorities in this country. Planning for growth seeks to develop-dynamic centres which will have the economic strength to prosper and to support the public services, the entertainments, the amenities and the shops which people expect nowadays.
In addition to the movement of population from rural areas to towns and cities, there has been a movement within the towns and cities themselves. Housing development at low densities has been in demand and people have tended to move from central urban and city areas with an attendant increase in urban sprawl and the depreciation of central town and city areas. These are some of the problems with which this Bill is concerned.
In Dublin and in other Irish cities, urban renewal has become necessary just as it has been found necessary in cities in the United States, in Britain and in other parts of Europe. Central areas have become increasingly congested because of traffic and many parts have become outmoded in current conditions of economic growth and change. At the same time, the associated suburban sprawl has aggravated the problems of the central areas. What is needed is comprehensive planning together with adequate powers for the redevelopment and renewal of obsolete areas.
Urban renewal is not possible under the existing law. Hitherto the provision of factory sites and shops and certain other community facilities has been carried out as by-products of other activities such as local authority housing. This position is entirely inadequate. Planning authorities must be given proper powers to cope with the pressing problems which exist in towns and cities. City and town centres, in particular, must be adapted to the motor age. Commercial buildings, such as shops and offices, are too often unsuited to the demands of modern business and it becomes an economic proposition to rebuild them even though the actual structures themselves may be physically sound. A certain amount of redevelopment of individual buildings or small groups of buildings is a normal feature of urban renewal. The results tend, however, to be piecemeal, freezing for, perhaps, generations ahead the existing street pattern which is becoming increasingly outmoded by the mounting volume of car traffic. Where the redevelopment is sufficiently comprehensive the opportunity arises of providing adequately for the conflicting needs of pedestrians and vehicles.
The difficulty hitherto has been that comprehensive redevelopment has been hampered by the fact that urban property is usually split up into a great many parcels in different ownerships. The remedy proposed in the Bill is to empower planning authorities to acquire areas of convenient shape and size where redevelopment is needed. Having assembled the ownerships, they may redevelop the land themselves or may sell or lease it to one or more commercial developers. I think that this is a field which can most successfully be exploited if the planning authority and private developer collaborate. The planning authority will have to borrow to acquire the free-holds but the investment should prove sound. If the planning authority sell central city sites with vacant possession, they should realise a profit. If they decide to lease the sites, the rents should reflect the upward tendency of values in the central area property market. When the area is redeveloped, the ratepayers get the benefit of the increased tax base created by the higher rateable values and there is also the less tangible but very real advantage of greater convenience and efficiency in the redeveloped area.
The need for renewal and redevelopment in central areas is widespread and private investment will find in such renewal and redevelopment a valuable ground for their activity. I feel sure that urban renewal will provide an important field of work for the building industry in the years ahead. In fact, I am aware that there is already, in anticipation of the passing of this Bill, very keen interest on the part of developers of considerable standing and resources in undertaking urban renewal particularly in Dublin. The prospects for Dublin and other cities including the prospects for the building industry in all its aspects are most promising and I intend to facilitate the planning authorities in getting ahead rapidly with the opening up and renewal of obsolete areas. This task is urgent and I would expect that plans for renewal objectives will be prepared with a minimum of delay. I am glad to say that the Dublin Corporation recognise this and that an expert in the field of urban renewal has already been engaged by them to advise on certain aspects of the problem.
The Bill also provides that the planning authority may provide buildings. It is not envisaged that planning authorities would engage in activities which are properly the sphere of private enterprise but in relation to urban renewal a wide diversity of circumstances may arise and it may well be found necessary in some cases for the planning authority to initiate the development by providing some buildings. However, as I have already said, the best results will be achieved if the planning authority use their land acquisition powers and bring private enterprise into collaboration in the redevelopment activities. When the planning authority have acquired the lands they will of course normally advertise the lands inviting offers for the purchase or leasing for redevelopment in accordance with the objectives of the development plan.
Road traffic is another aspect of economic change. It is hardly necessary to dwell upon the impact of the motor car on living conditions in our cities and towns and on our road system generally. It is estimated that the growth in road traffic during the period up to 1970 will be of the order of 7 per cent per annum and that the vehicle population could be expected to grow to a total of over 520,000. The 1962 figure was about 355,000.
It is obvious that with the continuing increase in the number of vehicles on our roads the demands on the road system will become increasingly more serious and the need for the implementation of a well-planned and phased programme of road improvement, particularly on the arterial routes, will become more pressing. There is a strong link between landuse planning and traffic planning. The Bill recognises this and traffic problems including parking problems and the need for the removal of traffic congestion in the major centres of population must be dealt with in the development plans.
Recent rapid developments in the tourist sector and activities in the purchase of land in areas of great scenic importance have in some instances led to undersirable forms of development which, if allowed to proliferate, would cause very serious damage to the character of coast and countryside. Planning must take full account of the value of tourism to the economy and of the importance of amenity preservation and improvement in development plans. The Bill provides not only for defensive planning in this respect through the control over development but it provides also positive powers to enable the planning authorities to improve and develop amenities and create the type of good environment which helps to make for a fuller and better life.
Under the Bill there will be 87 separate planning authorities. The county planning authorities will be responsible for preparing the county development plans and also the development plans for the many towns listed in the First Schedule to the Bill. In so far as county planning is concerned, we have in this country special advantages deriving from the management system and the fact that not in-frequently the county engineer or members of his staff also act as town surveyors. In the Dublin metropolitan region, it has been possible to arrange that a single planning officer will advise all the separate planning authorities. I think it is very important that development plans should be co-ordinated on a county basis and there is specific power in Section 22 of the Bill enabling the Minister to require co-ordination of development plans. While I see no reason why any undue difficulty should arise in planning authorities co-ordinating their proposals within the county framework, it would be my intention to make full use of the powers proposed in Section 22 should it be necessary to do so.
I might mention at this point that the Bill seeks to ensure that local authorities will exercise their planning powers in full, and that they will not restrict themselves to the operation of controls as they have done in the past but that they will make a real effort at positive planning.
When the Act comes into operation, each council will be faced with the very considerable task of working out a policy for the proper planning and development of their area and for the preservation and improvement of its amenities. Within the relatively short space of three years, they must produce a plan which will embody and co-relate their proposals and they will then have to consider objections made by the public. The making of development plans or any variation thereof is a reserved function.
The better the council do their work the less need will there be for day to day supervision of planning control. If any councillor is satisfied that some objective indicated in the plan or written statement has the effect of causing undue hardship or is preventing development which he considers desirable, he can take steps to have the plan amended. In fact each planning authority is required to review its development plan from time to time and at least once every five years and to make in it whatever variations they consider proper.
It must be recognised that the early plans at least will be capable of improvement and will require a great deal of further consideration after they have been made. This is the work which is appropriate to the elected representatives and the work which the Bill has properly allotted to them. The ideal is that the council should lay down the principles and policies to be followed and concentrate on securing whatever clarification or improvement is required from time to time. If at any time it should be necessary to review any particular decision of the manager, the elected representatives can do so and have adequate powers under the County Management Acts to secure the rectification of any decision which they are satisfied is illfounded.
As regards national planning, I am fully in favour of the maximum possible degree of leadership, advice and assistance being given by the central authority. It is my intention to have my Department make a much greater positive contribution to planning in this country than has been possible under the Act of 1934, in which the requirement that the Minister for Local Government must approve each planning scheme restricted the Department's participation in the preliminary work of local planning authorities even where interests of national planning were concerned. This Bill does not provide for ministerial approval of development plans in the future. My Department will make a more positive contribution to the efforts of local authorities in operating this Bill by making available to them advice and assistance in all aspects of physical planning.
Research is essential into many aspects of physical planning and development. These include urban renewal and the economics of urban land use; traffic and physical transportation problems in relation to the existing or proposed roads network; selection and development of centres of potential economic growth; general construction research into building and road development.
I am examining this whole subject of training and research at the moment. It is clear that expert advice must be obtained in these fields and we are seeking ways in which this advice can be secured. The research which I have in mind will supplement the advisory work which my Department will undertake particularly in the sphere of regional and national planning. I have taken steps to have the Department's planning organisation considerably strengthened. In order to augment the overall supply of qualified planners I have secured the cooperation of the Dublin Vocational Education Committee—for which I am most grateful—in providing a two-year post-graduate course in planning for suitably qualified architects, engineers and surveyors. The first course is well under way and I understand that the demand is such that a second course will commence next year. I should like to acknowledge the work which has been put into the organisation and running of these courses by the principal and staff of Bolton Street School of Technology and the honorary officers of the Irish Branch of the Town Planning Institute.
The importance of planning in local government is such that I think we must look ahead to the time when local authorities or groupings of local authorities will employ qualified planning advisers or the chief professional officers will have planning qualifications. Indeed I envisage that in due course the possession of a qualification in planning will become at least a desirable qualification for the top technical posts. In the meantime extensive use can clearly be made of the professional and administrative skills which are found in every local authority establishment. The engineering and architectural organisations in the various local areas have done excellent work over the years in the planning and execution of various structural programmes as well as the work specifically referable to the provisions of the Planning Acts. I have every confidence in their ability to respond to the demands which the new Bill will make on their experience and co-operation and I repeat my assurance of Departmental advice and assistance in these new tasks.
Last year I arranged with the cooperation of the Town Planning Institute for a course of lectures by the President and other leading personalities of the Institute. Public representatives as well as senior local government officials were invited to attend and I am happy to say that widespread appreciation was expressed of the value of these lectures. As I announced at the time I intend to arrange for a further series of lectures. These will be related more directly to the present Bill and to the tasks which will require to be undertaken as soon as the Bill becomes law. I am hoping also that I will find it possible to establish a Summer School in Town Planning in order to provide a regular forum for discussions and lectures.
I think last year's course of lectures and the discussions surrounding this Bill have helped considerably to broaden our appreciation of the contribution which planning can make to national well-being. The imperative need for urban renewal, the rejection of unworthy development by means of development control, the idea of green belts, the preservation and conservation of the best features of town and countryside—all these now commend general acceptance.
Before I leave the subject of training and research, I should like to draw attention to Section 15 of the Bill which enables local authorities to contribute to the funds of any body which provides for training and research in relation to town and regional planning. The making of a decision under this section will be a reserved function.
I am sure that Senators will agree that small towns deserve the special recognition which is given to them in the Bill. No country planning can ignore the role of its towns and villages and, indeed, it is a basic requirement of proper planning and development to survey and decide the particular function which each town has in the community structure of the county. Furthermore, small towns have their own problems including the ever growing problem of traffic and the need for redevelopment which, even though the scale is smaller, are important to these communities. While the Bill does not make it compulsory to prepare plans for towns of less than 1,000 population, I expect that county councils will find it convenient and, in many cases, imperative to prepare separate plans for smaller towns and villages, particularly for centres that reveal growing development potential.
The plans required for small towns may be relatively simple, containing few provisions other than those prescribed as appropriate, whereas the city authorities will require to state objectives for a greater variety of matters and will accordingly have more particularised and complicated plans. In order to simplify the matter, provision is made for the preparation of plans in instalments; plans may be made for part of an area or to show particular objectives such as urban renewal or traffic planning.
Planning and development is a continuous process and it is not possible, therefore, to predict with any degree of certainty the forces, changes, pressures and influences which will affect our towns and countryside in the relatively near future. At the same time, it is not only prudent but essential that we make plans to guide development and to profit from past mistakes. If, as an alternative to the static, rigid type of planning scheme envisaged by the Act of 1934, we are to have flexible planning which will take account of current trends and new developments, then we must provide for periodical review and variation of development plans. Section 20 of the Bill makes periodical review of the plans obligatory.
As I have already said, the Minister's approval is not required to development plans: he will, however, be one of the prescribed authorities to whom copies of development plans must be sent. The others whom it is intended to prescribe and who must then be furnished with prescribed documents include:
(1) An Chomhairle Ealaíon,
(2) An Taisce,
(3) Bord Fáilte Éireann,
(4) The National Monuments Advisory Council,
(5) The Minister for Lands,
(6) The Minister for Industry and Commerce,
(7) The Minister for Defence, and
(8) Any local authority affected.
The purpose of this provision is to enable these bodies to scrutinise the proposals of planning authorities and to make representations for the consideration of the planning authority before the final plan is made. Provision is made in section 21 for the hearing by the planning authority of representations from these authorities or from any member of the public.
Part IV of the Bill sets up the machinery for control of development and for the enforcement of such control. The control procedure is not substantially changed from that existing at present. I would draw attention to the provision in Section 26 that in dealing with applications for permission the planning authority will be restricted to considering the proper planning and development of their area, including the preservation and improvement of its amenities, regard being had to the development plan and to any special amenity area order. Where permission is refused or conditions are imposed the reasons must be stated. Appeals against orders and decisions may be made to the Minister by any person and the criteria governing the determination of application for permission will apply also to the determination of appeals. Under Section 25, it is proposed that regulations shall be made enabling planning authorities to deal with outline applications for permission and when giving permission, to reserve the right of approval of the details until a further application is made.
I would like in particular to draw attention to other matters for which provision is made under Section 25. Regulations may require applicants to publish notices with respect to their applications for planning permission. This could be done either by posting a notice on the site or otherwise. Planning authorities may also be required to furnish to any specified persons information with respect to any applications and the manner in which the applications have been dealt with. The regulations may also require planning authorities to publish any specified information with respect to any applications or decisions on applications. I might point out also that under the Bill every planning authority will be obliged to keep a register in which they will note applications for planning permission, planning decisions and particulars of compensation paid for planning restrictions. These provisions are designed to remedy what I consider to be an unsatisfactory lack of public information in the present planning control system.
Part IV of the Bill also contains provisions for the enforcement of planning controls. It may be noted that in Sections 31, 33 and 35 it is proposed to empower the Minister to require the planning authority to serve an enforcement notice, subject to the appropriate conditions in the Sections being satisfied. One of the enforcement provisions, Section 35, is designed to deal with the problem of unfinished housing estates which has created a most unsatisfactory position in many suburban areas. I intend to take every action open to me to ensure that this problem will not recur in the future and that purchasers of houses will have the assurance that estates will be properly completed by developers and duly taken in charge by the local authorities.
Part V of the Bill recognises that the preservation and improvement of amenities must nowadays have a serious and special place amongst the responsibilities of local authorities. The Bill includes positive provisions for the preservation of existing amenities and for the development of new amenity features. Areas of special amenity are provided for in Section 42. An area of special amenity by reason of its natural beauty or scenic or other amenities, including recreational utility, may be made the subject of an Order by the planning authority under this section.
The making of an amenity order is a reserved function. The order comes into operation on being confirmed and may be revoked or varied by a subsequent order. The Bill requires the planning authority to review the matter from time to time and at least once in every period of five years for the purpose of deciding whether it is desirable to revoke or amend the order.
The purpose of an order under Section 42 is to establish for the information of land owners, developers, and the public generally, that a particular area of land is under control of a specified nature. The order may provide for no development or for specified development only being permitted under the Act or may restrict development to a limited part of the area. Alternatively, the order may impose limitations on the number of structures of any specified class which may be erected in any part of the area.
The order may be employed to preserve the areas of great natural beauty which are now threatened with development. Areas of this kind are national—indeed one might say international—assets and form part of the raw material of our tourist industry. Spoliation, whether by haphazard erection of insensitive developments such as buildings, filling stations, advertisement hoardings, or use for temporary huts or caravans, must be discouraged and, where necessary, prevented. An order under this section may also be utilised to establish the precise boundaries and nature of development control in a green belt area. Amenity area orders must be reviewed at intervals in justice to the persons with land interests in the area, and also to allow of any expansion of built up areas that may be found to be essential. It is also the case that the present concept of what is an amenity area may alter with the growth in motor traffic and the consequential greater mobility of people.
The protection of good scenery is but one of the conservation problems with which this Bill is concerned. The associated problem of protecting views and prospects of special amenity value or interest is also the subject of special provisions. Other provisions in the Bill are designed to make possible a system of nature conservation, that is, the protection of rare botanical or zoological species including the preservation of restricted sites or habitats of such species. Provision is also made for the preservation of natural communities of plant life such as primaeval woodlands and for the preservation of geological sites or features of special interest such as fossil sites and sites of rare rock structure.
I appreciate that nature conservation is a rather specialist field and that planning authorities will need guidance and assistance, particularly in relation to flora and fauna which can be of such interest to our own people and to the many visiting botanists and ornithologists, etc. The Bill provides, accordingly, that the making and administration of conservation orders will be subject to consultation with the prescribed authorities. I am happy to say that An Taisce have agreed to be one of the authorities for the purposes of this section and I should like to express my appreciation of their assistance in the drafting of this section. A sub-committee of An Taisce have been appointed by that body to prepare material relating to specific conservation problems in this country and I look forward to fruitful collaboration with them in our efforts to establish a system of nature conservation which is a matter of increasing urgency in view of the extension of building developments and the greater mobility of people both here and in other parts of Western Europe.
Part VI of the Bill deals with compensation. Section 55 provides for compensation in respect of planning restrictions as they arise, that is, when the planning authority refuses permission or grants conditional permission for development, subject to the claim being made within six months of the relevant decision or within such longer period as the circuit court may in any particular case allow. The Act of 1934 did not provide for compensation on foot of interim control directions; the Act of 1939 allowed some concession in cases of hardship but otherwise a planning scheme had to be in operation and claims had to be related to the restrictions imposed by such a scheme. The basis of compensation was the reduction in the value of the claimant's estate or interest in the property and, in the case of an occupier of such property, the damage, if any, to his trade, business or profession, occasioned by such restrictions. This basis is preserved in Section 55.
Subsection (2) sets out generally accepted principles for the purpose of removing any doubt which might arise on these points. The effect of a refusal of permission for a particular development project need not be to sterilise the site completely. Accordingly, in determining reduction of value, regard must be had to any alternative development for which permission is available or which the planning authority undertake to permit. Regard must also be had to the fact that exempted development may be carried out without permission. On the other hand, reasonable allowance must be made for the fact that certain minimum requirements and standards would have to be complied with if the development were permitted —these are covered by the references to Section 26 and Section 56.
Where permission for development has been refused and no undertaking has been given that permission would be granted for alternative development, the reduction in value of the land will be determined on the assumption that no permission would be granted for any development on the land. Provision is made to this effect in subsection (3). In other words, the compensation in such circumstances would be calculated on the basis that the land would be sterilised except in so far as exempted development could be carried out.
Section 55 also provides that compensation shall not be payable in respect of any interest in land which it is the duty of the planning authority to acquire under Section 29. This duty arises only if the owner claims that the land is incapable of reasonably beneficial use in its existing state and elects to serve a purchase notice; in other words, he has a choice of claiming for loss of value or, if the land is useless, of disposing of it to the planning authority.
Section 56 sets out a number of matters in respect of which planning restrictions may be imposed without liability for compensation. It has long been recognised that it is not in the public interest that property owners should have unrestricted rights to use, develop or exploit their property as they see fit. Property carries obligations as well as rights and the Constitution, while recognising rights of private property, provides that such rights may be delimited by law.
Section 57 further restricts the liability of a planning authority to pay compensation in respect of the refusal of permission for development, if, when a claim is made for compensation, the planning authority undertake to grant or have already granted permission for development of a residential, commercial or industrial character, or any combination thereof. This is really an extension of the provisions in regard to zoning; for example, if an area is zoned for residential purposes, no compensation would be payable in respect of a refusal of permission for the erection of, say, a factory in such zone. Residential development would of course be permitted.
Section 58 provides for certain relaxations of the restrictions on payment of compensation contained in Sections 56 and 57. The Minister may make an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented. This provision brings the Bill close to the provisions in the present Acts which relate to compensation.
If a permission is revoked or modified under Section 30 compensation may be claimed under Section 59. Compensation is payable on the same basis as if the permission were refused in the first instance or, where the permission is modified by the imposition of conditions, compensation is payable as if the conditions were imposed when the permission was granted originally. In either case if the revocation or modification renders abortive works already carried out in pursuance of the permission originally granted, this section requires that the planning authority shall pay compensation in respect of the expenditure incurred. The claim under this head may include expenditure reasonably incurred in the preparation of plans or upon other similar matters preparatory to the carrying out of the works. As an alternative to a claim under this section, a purchase notice may be served under Section 29 and, if the notice is confirmed by the Minister or accepted by the planning authority, no compensation will be payable under the section.
Section 60 deals with compensation for the removal or alteration of any structure under Section 36, that is, a structure other than an unauthorised structure, and Section 61 with compensation for damage suffered by the depreciation of any interest in land as a result of the discontinuance of any use of land consequent on a notice under Section 37. Other compensation provisions are made in Section 62 which relates to the removal or alteration of hedges consequent upon a notice under Section 44, Section 63 which relates to the compulsory creation of a public right of way, Section 64 which relates to powers of entry on land and Section 65 which relates to cables, wires and pipe lines passing through or over land other than a public road.
Section 66 provides for claims which may be made for compensation in respect of planning restrictions imposed under the present Acts. The existing position is that no liability falls on the planning authority until they have brought a scheme into operation. Affected property owners may then make their claim under Section 61 of the 1934 Act in respect of the covering provisions in the scheme. If the scheme contains no covering provisions for the interim directions, compensation may be payable under Section 64 of the 1934 Act for unnecessary refusal of permission or making of a prohibition. Compensation might also be claimed under Section 60 of the 1934 Act in respect of any reduction in the value of property arising out of compliance with any condition attached to an interim direction. Section 66 of the Bill aims at preserving the rights which have accrued under the 1934 Act.
Sections 68 and 69 provide that compensation for planning restrictions and for land acquisition shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Fourth Schedule to the Bill. The basis of compensation in the 1919 Act is market value. This basis is being preserved: the additional rules set out in the Fourth Schedule are simply a recognition that land-use planning has become one of the facts of life.
The principal object of Part VII of the Bill is to give planning authorities positive powers to secure, facilitate and carry out development. Hitherto, planning authorities have tended to concentrate on the restrictive aspect of their function. This Bill envisages that in the future planning authorities will actively promote development. I have already referred to urban renewal. This part of the Bill is designed to make urban renewal possible.
Part VIII of the Bill contains a number of miscellaneous provisions including a provision relating to the oral hearings of appeals and a provision binding State authorities not to carry out the construction or extension of any building without consultation with the appropriate planning authority. Section 85 enables a planning authority to run cables, wires or pipelines over land and these powers may usefully be employed to facilitate such developments as relay television services and the transport of commodities by pipe-line.
The new building regulations envisaged in Section 86 will provide in a more flexible, modern and comprehensive form, a uniform building code which will operate throughout the whole country. The regulations will enable the control of building to be kept in harmony with developments in building techniques and the use of new materials.
Senators will note from reading the Third Schedule that the purposes for which objectives may be indicated in the development plans give wide scope for comprehensive planning. The first item in the Schedule represents the most pressing and unfortunately the most formidable of all the objectives —the objectives of securing the greater convenience and safety of road users and pedestrians. This Bill gives strong powers to control development so that future unnecessary traffic hazards and certain obvious sources of serious traffic congestion can be prevented. The Bill also gives positive powers to secure or carry out developments which will afford an easement in present traffic congestion and help to adjust the urban environment, in particular, to the needs of the pedestrian and the motorist. There is no simple solution. Every country in the world is in one degree or another grappling with this problem. In new towns and in urban redevelopment schemes the general aim is to divorce pedestrians from moving vehicles as far as possible. In many cities improved systems of mass transportation are being adopted or studied. New roads and large-scale parking provision in central areas involve the risk of the motor vehicle taking over. Los Angeles is noted for its system of motor freeways and its central carparking facilities. I was told at a conference there that 68 per cent of the "downtown" area is now given over to roads and carparks.
As I have said earlier this Bill will seek to secure comprehensive planning of land use. The long-term prospective growth of our larger towns and of our cities will require careful planning on a national and regional basis as well as on a county basis. The planning of Dublin in particular must be studied on a regional basis. Urban growth in general is to be welcomed because therein lies our hope of an increasing population. Our aim in operating the Bill must be to ensure that urban growth is not accompanied by loss of amenity, by inconvenience and by economic waste, but rather that our citizens should enjoy the benefits of well-planned environments.