asked the Minister for Local Government if county councils and urban sanitary authorities may use the powers available under section 28 of the Public Health (Ireland) Act, 1878 and section 19 of the Public Health Acts Amendment Act, 1907 for purposes similar to the objects of section 35 of the Local Government (Planning and Development) Act, 1963 in relation to the completion of works in unfinished housing estates, for the purpose of recovering the cost of the works from the landlords in the estates concerned receiving ground rents.
Ceisteanna—Questions. Oral Answers. - Unfinished Housing Estates.
5.
The powers given by section 28 of the Public Health (Ireland) Act, 1878, to secure the completion of private streets are exercisable by all urban sanitary authorities. Rural sanitary authorities may be given these powers by an order, applicable to a particular rural sanitary authority, made under section 1 of the Public Health (Ireland) Act, 1896, or by an order, applicable to all rural sanitary authorities, made under section 33 of the Local Government (Ireland) Act, 1898. Orders have not been made under these sections giving these powers to rural sanitary authorities.
Section 19 of the Public Health Acts Amendment Act, 1907, applies to all sanitary authorities both urban and rural.
Neither sections 28 nor 19 enable the cost of the completion of private streets to be recovered from ground landlords. Section 28 requires the cost to be borne by the owners or occupiers of premises on the street, and section 19 requires recovery of cost from owners only. The word "owner" is defined in the Public Health (Ireland) Act, 1878, as meaning a person receiving a rent which is not less than two-thirds of the rateable valuation of the premises. In practice, this excludes most ground landlords and under sections 28 and 19 the liability to complete a private street falls on the occupiers of premises on the street.
Would the Minister say if section 28 of the Act of 1878 was applied to one county when a commissioner was in control? I am referring to County Dublin.
Not that I am aware of.
Would the Minister look into the matter?
From the reply here, I would not say it was.
It was actually.
I shall look into it.