asked the Minister for Local Government if he has examined the powers conferred on housing authorities in relation to the compulsory acquisition of land for the purpose of the provision of sites for private building, having regard to his decision to refuse the confirmation of a compulsory purchase order made by the Naas Urban District Council mentioned in a reply of 5th May, 1964; and if he will make an explanatory statement in relation to the powers of housing authorities to acquire sites in advance of actual need in areas where land owners refuse to sell land to a housing authority, indicating the methods by which a housing authority can secure a compulsory purchase order under existing land acquisition legislation.
Ceisteanna—Questions. Oral Answers. - Acquisition of Building Sites.
10.
Housing authorities are fully empowered under the Housing of the Working Classes Acts and the Labourers Acts to make compulsory purchase orders for the acquisition of land for the purpose of providing sites for private housing. The relevant statutory powers are contained in section 8 of the Housing (Ireland) Act, 1919, and sections 31 and 35 of the Housing (Amendment) Act, 1952. As regards the compulsory acquisition of land for the purpose of providing such sites in advance of actual need, the position appears to be adequately covered by the provisions of subsection (4) of section 82 of the Local Government Act, 1946, which provides that the power conferred on a local authority by any Act to acquire land for a particular purpose shall be deemed to include power to acquire land which the local authority do not require immediately for that purpose but which, in their opinion, they will require for that purpose in the future. In order to substantiate their case for the compulsory acquisition of land in advance of need, a housing authority must be in a position to show that, having regard to the circumstances in the particular area, there is some reasonable expectation that they will require the land in the future for the provision of private housing sites. This was not done in the case of the Naas compulsory purchase order referred to by the Deputy. The general question is receiving further consideration in connection with the drafting of the Housing Bill but the intention to have each housing authority prepare a statutory five-year housing programme may be of sufficient assistance to them in compulsory purchase proceedings where section 82 (4) of the 1946 Act is appropriate.
The powers of planning authorities under the Local Government (Planning and Development) Act, 1963, might also be employed in appropriate cases to ensure that adequate provision is made to meet the needs for private housing sites in particular districts, but in this case also the planning authority must be in a position to put forward a reasonable case in support of compulsory acquisition and to relate it to the objectives in their development plan or proposed to be included in such plan. The work which is now being done on the preparation of development plans will assist housing authorities in this respect.
11.
asked the Minister for Local Government if he is aware that a law agent advised a county manager against implementing a section 4 resolution under the 1955 Act regarding the acquisition of land by agreement on the grounds that the estate exceeded forseeable requirements; that the local authority could have purchased it at a reasonable price and sold the surplus area thus acquiring an adequate area for present and future needs; and that the authority now has to pay a high price for building land for present needs and is deprived of land for future needs; and if he intends to introduce legislation to extend the power of local authorities under section 82 of the Local Government Act, 1946 to purchase land on offer which may be in excess of requirements.
Section 82 of the Local Government Act, 1946 enables a local authority with the consent of the Minister, to acquire land by agreement which in their opinion they will require in the future for the purposes of their powers and duties notwithstanding that they have not decided on the use to be made of the land. In the particular case referred to the council proposed to acquire an estate of 260 acres and a Georgian mansion. There was evidence that seven acres would satisfy their housing requirements. The council's legal adviser advised that the acquisition could not be effected under section 82 because any opinion that the council would require the 260 acres in question was unwarranted by the facts. In the event the estate was acquired by the Land Commission and I understand that the Commission is prepared to consider making a portion of the lands available to the council for housing purposes.
The scope of section 82 of the 1946 Act is very wide. It enables local authorities to acquire land in advance for the purpose of any of their needs, including their functions as housing, roads and sanitary authorities and their powers to undertake or promote structural or amenity development under the Local Government (Planning and Development) Act, 1963. I think it would be wrong to conclude from the particular case in question, and I have no reason to believe, that the powers of local authorities to acquire land by agreement are inadequate to enable them to provide sites as required for the accommodation of public or private housing. If it should be established that difficulties in this regard are being experienced by local authorities generally I would not hesitate to review the relevant statutory provisions. I must say, however, that the requirement in section 82 of the 1946 Act that the local authority must be of opinion that they will require the land for the purpose of their powers and functions before committing public funds to its acquisition seems a reasonable reservation if local authorities are not themselves to become involved in speculative land transactions.
The Minister would not object to their making a few pounds on the side?
If it were unavoidable, I certainly would not.
It might reduce the rates.