Dáil Éireann Debate, Thursday - 20 May 2021
240. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if an application of the derelict sites levy monthly charge was suspended during the previous Covid-19 lockdowns and suspension of construction and related activities; if a person now levied for these periods can claim relief from these charges; and if he will make a statement on the matter. [27187/21]
View answerThe Derelict Sites Act 1990 imposes a general duty on every owner and occupier of land to take all reasonable steps to ensure that the land does not become, or continue to be, a derelict site. The Act also imposes a duty on local authorities 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.
Local authority powers include requiring owners or occupiers to take appropriate measures on derelict sites, acquiring derelict sites by agreement, or compulsorily, and applying a derelict sites levy on derelict sites. It is a matter for local authorities to determine the most appropriate use of the legislation within their respective functional areas.
Under the Act, local authorities are required to maintain a derelict sites register, which includes the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry, of any land which, in the opinion of the local authority, is a derelict site. Under section 8(5) of the Act, a copy of the derelict sites register for any local authority can be inspected at the offices of that authority during office hours. Members of the public can engage with their local authority in relation to addressing individual derelict sites in their local areas.
Under the Planning and Development (Amendment) Act 2018, both the Derelict Site Levy and the Vacant Site Levy increased from 3% to 7% of the market valuation of relevant sites with effect from January 2020. These levies are applied annually for as long as relevant sites remain derelict or vacant. This change in the rate of the levies is intended to ensure that the levies have more meaningful impact and that the powers of local authorities in tackling dereliction and vacancy are strengthened for the purpose of bringing relevant sites into productive use, thereby facilitating urban regeneration and development in designated areas while also combatting land hoarding.
To address the potential impacts of COVID-19 on the effective operation of the planning system, all planning timelines were extended for a period of eight weeks from 29th March 2020 to 23rd May 2020.
In this connection, section 9 of the Emergency Measures in the Public Interest (COVID-19) Act 2020 inserted a new provision (section 251A) into the Planning and Development Act, 2000, as amended, (the Act) which allowed for planning timeframes to be disregarded for a period specified by order. This included the Derelict Sites Acts 1990.
Subsequently, the Government made a number of orders under section 251A(4) of the Act which ultimately had the effect that the eight-week period from 29 March to 23 May 2020, inclusive, could be disregarded by planning authorities and An Bord Pleanála when calculating any appropriate period, specified period, or other timelines in specified planning legislation, again including the Derelict Sites Act 1990.
The claiming of relief from charges levied under the Derelict Sites Act 1990 during these periods is a matter for the relevant local authority and the site owners involved.
