SECTION 2.
(1) A town planning scheme may be made in accordance with the provisions of this Act, as respects—
(a) any land which is in the course of development, or appears adapted or likely to be used for building purposes, or
(b) any area which has already been developed, or built upon
with the general object of securing proper ways and communications, sanitary conditions, open spaces, amenity and convenience, in connection with the laying-out and use of the lands and of any neighbouring lands, and the scheme may provide for the demolition or alteration of any buildings and hereditaments within the area to be developed, in so far as may be necessary for carrying the scheme into effect.
(2) Where it appears to the Minister that on account of the natural beauty or special architectural, historic, or artistic interest attaching to a locality it is expedient that with a view to preserving the existing character and to protecting the existing features of the locality, a town planning scheme should be made with respect to any area comprising that locality, the Minister may notwithstanding that the land or any part thereof is already developed, authorise a town planning scheme to be made with respect to that area prescribing the space about buildings, or limiting the number of buildings to be erected, or prescribing the height or character of buildings, and, subject as aforesaid, the provisions of this Act shall apply accordingly.
(3) A local authority within the meaning of this Act may, during the preparation or upon the completion of the survey referred to in section 1 of this Act, and the necessary records and delineations thereof, by resolution decide:
(a) to prepare a town planning scheme with reference to any land within or in the neighbourhood of their area with regard to which a scheme may be made under this Act; or
(b) to adopt with or without any modifications any town planning scheme proposed by all or any of the owners of any land with respect to which the local authority are themselves by this Act authorised to prepare a scheme; or
(c) to adopt with or without any modification any town planning scheme proposed by any persons or associations whose scheme has been approved by the Minister.
Provided that—
(i) if any such scheme of a local authority extends to lands not within the area of that local authority, the resolution shall not have effect until it is approved by the Minister, and the Minister may, in giving his approval, vary the extent of the land to be included within the area of the proposed town planning scheme; and
(ii) where any local authorities are desirous of acting jointly in the preparation of a Civic Survey or the preparation or adoption of a town planning scheme, they may concur in appointing out of their respective bodies a joint committee for the purpose, and in conferring with or without restrictions on any such committee any powers which the appointing councils or either of them might exercise for the purpose, and the provisions of the Local Government (Ireland) Act, 1898, and of any orders made thereunder, in regard to joint committees, shall, with the necessary modifications, apply to any joint committee so appointed.
(4) A town planning scheme prepared or adopted by a local authority shall not have effect, unless it is approved by order of the Minister, and the Minister may refuse to approve any scheme except with such modifications and subject to such conditions as he thinks fit to impose.
(5) A town planning scheme, when approved by the Minister, shall have effect as if it were enacted in this Act.
(6) A town planning scheme may be varied or revoked by a subsequent scheme prepared or adopted and approved in accordance with this Act, and the Minister, on the application of the responsible authority, or of any other person appearing to him to be interested, may, by order, revoke a town planning scheme if he thinks that under the special circumstances of the case the scheme should be so revoked.
(7) The expression " land likely to be used for building purposes " shall include any land likely to be used as, or for the purpose of providing open spaces, roads, streets, parks, pleasure or recreation grounds, or for the purpose of executing any work upon or under the land incidental to a town planning scheme, whether in the nature of a building work or not, and the decision of the Minister whether land is likely to be used for building purposes or not, shall be final.
I move:—
Section 2, sub-section (1), line 39. After the word " respects " to add the words " any area."
This is a rather important amendment, inasmuch as it proposes to embody in the section the experience of the British town-planning authorities, that is to say, it is intended that the town-planning scheme can be made with respect to any area of land without the definition of " any land which is in the course of development," or " any area which has already been developed." These two paragraphs were thought to be necessary because, in the first instance, the schemes in England were made in respect of land in the course of development, and then a later amendment extended the powers to any area, even though it had already been developed or built upon. We think it is not necessary to have these two paragraphs, but to make general powers in respect of any area. This is a simplification, while at the same time removing any doubt as to the sphere within which a town-planning scheme may operate.
It prevents the necessity of having a definition of what is " land " adapted to or likely to be used for building purposes," which is always so very difficult to do.
Amendment put and agreed to.
I move amendment 8:
Section 2, sub-section (1), " to delete lines 40-44 inclusive."
This is consequential.
Amendment put and agreed to.
I move:
Section 2, sub-section (1), line 45. Before the word " ways " to insert the words " building development, adequate."—
That is to say, that a scheme shall be made in respect of any area with the object of securing proper development and adequate means of communication. The intention is that building development is part of the scheme and that some regulation should be clearly embodied in it. In fact this amendment is consequential to amendment No. 7.
Is there anything there to provide for rights of way?
Amendment put and agreed to.
I move:
Section 2, sub-section (1), line 48. Before the word " and " to insert the words " or the reservation of areas to be kept free from buildings."
This is a proposal that has been found desirable as a result of experience across the water. It is proposed when the scheme takes root to reserve areas and to keep them free from building. In one sense I think the amendment is consequential, but it is important that it should be embodied as not merely part of positive building schemes, but rather of the reservation of areas to be kept free from buildings. It seems to be an essential part of a town planning scheme.
Amendment put and agreed to.
I move amendment 11:—
Section 2, sub-section (1), line 50. To delete the words " to be developed."
This is consequential.
Amendment put and agreed to.
I move amendment 12:—
Section 2, sub-section (3), lines 14 and 15. To delete the words " with regard to which a scheme may be made under this Act."
This amendment may be said to be also consequential, inasmuch as we have agreed that any area may be the subject of a scheme, so that the words are unnecessary.
Amendment put and agreed to.
I move amendment 13:—
Section 2, sub-section (3), line 23. Before the word " the " to insert the words " the local authority and "
This amendment was put down because it was thought desirable, before any scheme which may have been proposed by any body of persons other than the local authority is taken into account by the Minister, as one which may be approved, that it should have the approval of the local authority as well as the Minister. That has been suggested by Mr. Commissioner Murphy, and it is quite acceptable.
It does not prevent the original proposers approaching the Minister if the local authorities do not approve.
Amendment put and agreed to.
I move amendment 14:—
Section 2, sub-section (3), line 25. To delete the figure " (i)."
This is rather a typographical correction or a drafting correction, because we make some further alterations. The next proviso in the Bill will become a new sub-section.
This amendment and amendments 16 and 17 are really consequential. The object is to make what was a proviso a new sub-section, so they may be moved in order.
Amendment put and agreed to.
I move amendments 16 and 17:—
Section 2, sub-section (3), line 30. To delete the word " and "
Section 2, sub-section (3), line 31. To delete the figures " (ii) " and to substitute therefor the figure " (4)."
The first is a drafting amendment and the second proposes to make the second proviso a new sub-section.
This gives the local authorities the right to make joint schemes. It looks as if it was a proper thing to have in a proviso.
Amendments put and agreed to.
Colonel Moore
On behalf of Senator Linehan, I move:—
Section 2, sub-section (3), line 27. After the word " approved " to insert the words " by the local authority by which the scheme was not prepared and "
I think this amendment is different to the others, and that there may be something to be said for it. If a scheme was already prepared, there is no use in putting these words in the section. In cases where the local authority had not approved the Minister should not be able to force this scheme upon them.
I would urge against that the view that the proposal may have the effect of a smaller local authority frustrating a larger local authority. There is nothing in the sub-section to prevent a second local authority—in fact, there is everything to invite them—to make representations to the Minister why the scheme should not include more than the area of the authority that prepared it. Take a concrete instance. If a county council or the Council of the Borough of Dublin were to prepare a scheme, and if part of it overlapped or covered, say, portion of a rural council's area, this council might obstinately object, and if the amendment were carried nothing could happen. The scheme could not proceed further. I think the safeguard lies in the fact that the Minister is to be satisfied with the value in general of the scheme proposed, and the second local authority will always have access to the Minister to make representations. They should not have power to frustrate the scheme of a larger body. That would be the effect if the amendment were carried.
Is there any risk of additional expense being thrown on the outside authority, the one on whom you are going to trespass? That would be the only real grounds for objection, if you are going to put expense on them. In Section 15 the body that has to pay the expenses is the local body responsible for the scheme.
Colonel Moore
I am not quite sure that I would place such implicit reliance on Ministers, and give them absolute power to do what they like. Although I agree that the Minister should be there, I have a little reliance on local authorities.
I think it would be much more important to give them power if they were going to be put to expense. Apparently they are not.
Amendment put and declared lost.
I move amendment 18:
Section 2, sub-section (4). Before the sub-section to insert two new sub-sections as follows:—
" (4) The Minister may for any particular area or areas constitute a joint committee or committees consisting of representatives of the authorities concerned and may give to such committee or committees the powers and duties he may consider advisable.
" (5) The preparation of a general town planning scheme for any area shall not preclude the preparation of more detailed schemes for portions of the area, provided that these are not inconsistent with the general scheme."
The proposal is simply one that the Minister may constitute a joint committee for the purposes of the Act, consisting of more than one local authority. The scheme as originally outlined made provision for local authorities joining together on their own initiative. But this amendment makes the further provision, that if it is found essential the Minister may constitute a joint committee consisting of more than one area, representing the authorities concerned.
It gives him absolute power to prescribe the number of the committee and the representation of the different authorities.
Yes. The second paragraph is essential. In passing a general scheme we are not to be precluded from a more detailed scheme in respect of portion of the area concerned. It is thought there was a defect in the Bill as originally drafted, that it did not make provision for dealing with portion of the areas. This remedies the defect.
Amendment put and agreed to.
Colonel Moore
On behalf of Senator Linehan, I move amendment 19:—
Section 2, sub-section (5). To delete the sub-section.
What is the object of the amendment?
It is obviously to carry out what was in Senator Linehan's mind from the beginning, that small places should not be compelled to have schemes.
I think it is more than that. If one could make free in his absence with what was in the Senator's mind, apparently the object is to leave the whole question of town-planning as the voluntary act of a local authority. But the deletion of this sub-section will do more than that. The sub-section is the pivot on which the whole Bill revolves. Take the case where a scheme has been formulated by a local authority, approved by the Minister and becomes a statutory scheme. If the sub-section is taken away there is no power behind the scheme; it is in the air.
Is there not a way of it coming before a court?
It is putting into the hands of some little parish council power to nullify a scheme.
Amendment put and declared lost.
I move amendment 20:—
Section 2, sub-section (7). To delete the sub-section.
This is consequential.
Amendment put and agreed to.
The next amendment stands in the name of Senator Linehan:—
Section 2, sub-section (7), line 57. After the word " include " to insert the words " for the purposes of this Act only."
As we have knocked out the whole sub-section (7), this amendment does not apply.
Question: " That Section 2, as amended, stand part of the Bill."
SECTION 3 (1) and (2).
(1) Special provisions shall be inserted in every town planning scheme, defining the area to which the scheme is to apply, and the authority which is to be responsible for enforcing the observance of the scheme, and for the execution of any works which under the scheme or this Act are to be executed by a local authority (in this Act referred to as the responsible authority), and for dealing with any special circumstances or contingencies, and for suspending so far as necessary for the proper carrying out of the scheme any statutory enactments, bye-laws, regulations, or other provisions, under whatever authority made, which are in operation in the area included in the scheme.
(2) A town planning scheme may also contain, as occasion may require, provisions for dealing with any of the matters set out or referred to in the First Schedule to this Act.
I move amendment 22:
Section 3, sub-section (1). Before the sub-section to insert a new sub-section as follows:—
" (1) The Minister may prescribe a set of general provisions adopted for areas of any special character, for carrying out the general objects of town planning schemes, and in particular for dealing with the matters set out in the First Schedule to this Act, and the general provisions, or set of general provisions, appropriate to the area for which a town planning scheme is made, shall take effect as part of every scheme, except in so far as provision is made by the scheme as approved by the Minister for the variation or exclusion of any of these provisions."
I should explain that the original draft of the Bill, and the British Act of 1925 followed the same lines to some extent. On examination of the Bill at a later stage it seemed to be essential that the British Act should be copied in respect of the powers and content of the scheme. In sub-section (1), as it appears in the original draft of the Bill, we make reference to a special provision being inserted in every town-planning scheme, and in Section 2 that every town-planning scheme may also contain, as occasion requires, powers for dealing with any matters set out in the Schedule. The British Act, which I really desire to revert to, provides that general provisions may be drawn up by the Minister for the carrying out of the general objects of the scheme, and in particular the matters set out in the first Schedule. In the next amendment that I have down I propose to recast our original sub-section (1), so that it will follow almost exactly the plan of the British Act of 1925. What is proposed in amendment 22 is to give authority to the Minister to prescribe a set of general provisions, and I take it that these will be set out in the first Schedule. It will be of interest to note that for any schemes that are promoted in England the Minister and his advisers have drawn up very voluminous general provisions which give guidance to the local authorities in preparing their schemes. These general provisions seem to me an almost essential part of the plan of operations. They will mean relieving the local authorities of an immense amount of trouble and expense if, at the initiation of the work that it is hoped will begin under this Act, they are assisted in that work by general provisions drawn up by the Minister. The proposal in amendments 22 and 23 is to adopt implicitly, and almost in identical terms, the plan of the British Act.
The amendment really gives instructions to the local authorities as to how they are to go about the work and carry it out.
If the Bill is to follow so closely the precedent of the English Act, it would be well perhaps if we were to know how the English precedent has been varied by the De-Rating Act in that country. Under the De-Rating Act, the State undertakes a very large portion of the expenses which hitherto fell upon local authorities. We have no De-Rating Act here, and it would be well to know, if we follow these instructions, how they would affect local authorities here—whether they would affect them in the way that local authorities in England are affected.
Colonel Moore
Perhaps we will have de-rating.
I do not think it affects the scheme at all.
We have no De-Rating Act here, and this might involve very serious expense on the local authorities here which they are now saved in England.
When the British Town Planning Act was passed there was no De-rating scheme in that country. This, I think, is appropriate to a country in which there is no De-Rating Act at present.
I would like to know if Senator Johnson has given any consideration to this—how far local authorities here might be affected.
I cannot speak with any authority on this, but I do not think it makes the slightest difference.
Under the De-Rating Act in England certain properties are relieved from the payment of rates, but I do not think that under that Act local authorities are interfered with at all.
Amendment put and agreed to.
I move amendment 23:
Section 3, sub-sections (1) and (2). To delete the sub-sections and to insert in lieu thereof a new sub-section as follows:—
" (2) Special provisions shall in addition be inserted in every town planning scheme—
(a) defining in such manner as may be prescribed by regulations under this Act the area to which the scheme is to apply; and
(b) defining the authority who are to be responsible for enforcing the observance of the scheme, and for the execution of any works which under the scheme or this Act are to be executed by a local authority (in this Act referred to as the responsible authority); and
(c) providing for any matters which may be dealt with by general provisions, and otherwise supplementing, excluding or varying the general provisions, and also for dealing with any special circumstances for which adequate provision is not made by the general provisions; and
(d) providing for the suspension, so far as necessary for the proper carrying out of the scheme, of any building by-laws, local Acts or regulations or other provisions, under whatever authority made, which are in operation in the area included in the scheme."
Amendment put and agreed to.
Section 3, as amended, put and agreed to.
