Vol. 512 No. 5
99 Mr. N. Ahern asked the Minister for the Environment and Local Government the procedure for the issuing of compulsory purchase orders by local authorities for land required for housing projects; the arbitration system in place; if projects will be approved subject to price being resolved at arbitration; and if he will make a statement on the matter. [26550/99]
Local authorities are empowered by law to acquire land compulsorily for the purposes of carrying out any of their powers, duties and functions. A local authority acquiring land compulsorily may be authorised to do so by means of a compulsory purchase order made by the authority and submitted to and confirmed by the Minister for the Environment and Local Government.
Notice of the making of the CPO must be published and served on the parties having an interest in the land affected by it. When this is done, the CPO is submitted to the Minister for the Environment and Local Government for confirmation. The Minister may annul the order or confirm it, with or without modification. If objections are made to the Minister by the owners, lessees and occupiers, not being tenants for a month or less of the lands and the objections do not relate solely to matters affecting compensation, the Minister, unless he decides to annul the order, must arrange for the holding of a public local inquiry into the objections. Before deciding whether or not to confirm the order he must consider the objections made and the report of the person who held the inquiry. The administration of a confirmed CPO is a matter for the local authority concerned.
The amount of compensation payable by local authorities for land acquired by them under a CPO is solely a matter for negotiation between the landowner and the local authority concerned and the Minister has no function in the matter. In the event of dispute, either party has recourse to the land values reference committee for the appointment of an official property arbitrator to determine the case.
Once an order is confirmed and the requisite notices given the local authority may serve a notice to treat and, on giving at least 14 days notice to the owners etc., may take possession of the land for the purposes for which it was acquired, and any dispute about compensation can be determined afterwards.
The Planning and Development Bill, 1999, will, when enacted, transfer the Minister's functions to An Bord Pleanála and bring about other changes designed to streamline the CPO process.
My Department has no role in relation to CPOs other than those made by local authorities.
