Dáil Éireann Debate, Tuesday - 14 July 2015
870. Deputy John Browne asked the Minister for the Environment, Community and Local Government if the Derelict Sites Act applies to brownfield sites in circumstances where a building has been razed and the site is left vacant but in a unkempt condition; and if he will make a statement on the matter. [28888/15]
View answerThe Derelict Sites Act 1990 provides that local authorities are required to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site. To this end, local authorities have been given substantial powers under the Act in relation to any such sites, including powers to require specified measures to be taken in relation to a derelict site, to impose a levy on derelict sites, or to compulsorily acquire any derelict site. The definition of a derelict site in Section 3 of the Act refers to “any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood in question”, including structures which are in ruinous, derelict or dangerous condition.
The administration of the Derelict Sites legislation at a local level is a matter for the relevant local authority. While my Department updates, on an annual basis, a Schedule of Urban Areas in line with sections 4 and 21 of the Act, it is a matter for the relevant local authority to determine the most appropriate use of the legislation within their respective functional areas.
In addition, the Urban Regeneration and Housing Bill 2015 is currently before the Oireachtas and I am confident of its early enactment. This Bill will introduce a vacant site levy, aimed at incentivising the development of empty and underutilised sites in central urban areas for residential or regeneration development. Under the provisions of the Bill, the levy will be charged on the registered owners of vacant sites at a rate of 3% of the market value of each site, with reduced or zero rates applying in specific circumstances.
The Bill contains an amendment to section 23 of the Derelict Sites Act 1990 to provide that derelict site levy shall not be payable in respect of any land of which the vacant site levy will be payable under the Urban Regeneration and Housing Bill, when enacted.
The levy will facilitate the achievement of the primary objective of the measure which is to bring these sites forward for residential or regeneration development.
