Dáil Éireann Debate, Tuesday - 15 June 2021
581. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if there is a legislative requirement for a site to have been on the derelict sites register for two years before it can be compulsorily purchased. [30707/21]
Amharc ar fhreagraLocal authorities have been provided with a number of powers and measures to deal with the issue of derelict properties, both in larger urban conglomerations and in smaller rural towns and villages. There also exists a framework of overarching policy and capital funding which provides support to development, including urban regeneration.
The Derelict Sites Act 1990 (the Act) 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.
Should a local authority decide to acquire a site on the register by compulsory purchase, an objection can be made by the person served by the order, and the matter will be ultimately decided by An Bord Pleanála.
There is no minimum prescribed timeline under the Act that a site must be on the derelict sites register before a local authority can initiate the compulsory purchase procedures in respect of any site. As indicated, it is a matter for the relevant local authority to determine the most appropriate use of the legislative provisions in carrying out its functions under the Act.
